how to read and understand my court order

[ibethemom]

What is the name of your state (only U.S. law)? AZ

i have a few minute entries from court orders that the other party is finding loop holes with. is this common? the order doesn't appear to be written verbatim or at least what i can recall of the discussion.

 

[Proserpina]

What is the name of your state (only U.S. law)? AZ

i have a few minute entries from court orders that the other party is finding loop holes with. is this common? the order doesn't appear to be written verbatim or at least what i can recall of the discussion.

Hold your order up to the screen so we can read it.

 

[ibethemom]

can i do that?

Hold your order up to the screen so we can read it.

i don't think i really can do that? what is it you want me to provide you with exactly.

 

[ibethemom]

is this what you are wanting?

IT IS FURTHER ORDERED that neither party shall monitor or listen to the calls
between the other parent and the child. If a call from Mother comes in during the timeframe allowed, the child should pick up and take the call directly without interference from the otherparent.

 

[Proserpina]

IT IS FURTHER ORDERED that neither party shall monitor or listen to the calls
between the other parent and the child. If a call from Mother comes in during the timeframe allowed, the child should pick up and take the call directly without interference from the otherparent.

What's ambiguous about that?

That's crystal clear. If Mom calls, kiddo picks up.

Dad/whomever stays out of it.

 

[ibethemom]

well that's how i read it

What's ambiguous about that?

That's crystal clear. If Mom calls, kiddo picks up.

Dad/whomever stays out of it.

but dad isn't allowing for this. i have had problems in the past with him removing the sim card and replacing it backwards. he is turning her phone off. lost the phone. turns the volume down. i have email confirmation from him as to what he is to do, but it isn't happening.

i though maybe he could be reading it different and if so why the difference.

so are you an attorney?

 

[mistoffolees]

but dad isn't allowing for this. i have had problems in the past with him removing the sim card and replacing it backwards. he is turning her phone off. lost the phone. turns the volume down. i have email confirmation from him as to what he is to do, but it isn't happening.

i though maybe he could be reading it different and if so why the difference.

so are you an attorney?

So then file for contempt.

As evidence, show your call records showing that you made multiple calls that weren't picked up. Plus any other evidence you can produce. Your order is fairly clear.

What justification does he give for removing the SIM card and installing it backwards or turning her phone off?

 

[Proserpina]

but dad isn't allowing for this. i have had problems in the past with him removing the sim card and replacing it backwards. he is turning her phone off. lost the phone. turns the volume down. i have email confirmation from him as to what he is to do, but it isn't happening.

i though maybe he could be reading it different and if so why the difference.

so are you an attorney?

There are, as far as I'm aware, only two or three attorneys who post to Family Law. I'm not one of them.

You should read the TOS of the site.

With regards to your apparent problem, you have remedies - you can file an order to show cause of why he shouldn't be held in contempt.

If you cannot do that yourself, you need an attorney.

 

[ibethemom]

So then file for contempt.

As evidence, show your call records showing that you made multiple calls that weren't picked up. Plus any other evidence you can produce. Your order is fairly clear.

What justification does he give for removing the SIM card and installing it backwards or turning her phone off?

he denies this is being done. but when i call her phone goes directly to voice mail. i started recording all calls with a voice recorder. i have left messages for him and he ignores my request to have her call me back. i check her phone every time it comes home. i have password protected what i can and even went as far as gluing the back of the phone so he could no longer remove the sim. my daughter did not even know what a sim card was let alone where to find it.

 

[ibethemom]

i did

file a petition to enforce the court order. neither his or his attorney have filed a response within the ten days.

 

[Proserpina]

he denies this is being done. but when i call her phone goes directly to voice mail. i started recording all calls with a voice recorder. i have left messages for him and he ignores my request to have her call me back. i check her phone every time it comes home. i have password protected what i can and even went as far as gluing the back of the phone so he could no longer remove the sim. my daughter did not even know what a sim card was let alone where to find it.

You seriously need to STOP recording those calls.

 

[ibethemom]

why?

You seriously need to STOP recording those calls.

it is documentation that the calls are being made, that i am leaving messages. why shouldn't the calls be recorded? i have another order that reads something about we are not to record calls with child when the child is with one or the other. meaning if he calls her i cannot record that conversation. it doesn't state that we can't record calls we make to her. he records calls to me. indicating the date and time.

 

[mistoffolees]

it is documentation that the calls are being made, that i am leaving messages. why shouldn't the calls be recorded? i have another order that reads something about we are not to record calls with child when the child is with one or the other. meaning if he calls her i cannot record that conversation. it doesn't state that we can't record calls we make to her. he records calls to me. indicating the date and time.

There's a difference between recording an adult and a child. Since you are intending to call the child, you are attempting to record the child - which is a no-no in most states.

Recording another adult is a problem in some states, as well, but that's not the case in AZ if both parties are in AZ and one consents to the recording.

Besides, a recording of the answering machine is useless. It's not going to be admissible because it's too easy to fake - and it doesn't prove anything. I gave you some suggestions. If you're unwilling to follow those, seek an attorney.

 

[ibethemom]

i already

There's a difference between recording an adult and a child. Since you are intending to call the child, you are attempting to record the child - which is a no-no in most states.

Recording another adult is a problem in some states, as well, but that's not the case in AZ if both parties are in AZ and one consents to the recording.

Besides, a recording of the answering machine is useless. It's not going to be admissible because it's too easy to fake - and it doesn't prove anything. I gave you some suggestions. If you're unwilling to follow those, seek an attorney.

submitted call recordings to our family court judge when i submitted a requested that the order about telephone calls be amended. he created a new minute entry (containing that order i copied earlier), but nothing was stated about not recording calls as evidence that they are being made. dad has called me just to have phone record of a 10 minute call. he sent an email reading that for the record he had a call log to prove that i spoke to our daughter for that amount of time. i recorded that conversation and i never spoke to our daughter. dad has done this a couple of times. he has left me voice mails so that i can hear him interact with her. he says who he is and such.

 

[!CuriousGeorge!]

Excessive use of pronouns makes to very confusing.