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What should I expect? New York

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  • What should I expect? New York

    My ex-husband and I have 2 children ages 7 and 8. In 2006 the children were removed from his custody due to neglect charges filed on him by social services; under an article 10 the children were then placed in my custody as a non-respondent.

    The father has been ordered by the court to actively participate and complete drug and alcohol treatment, along with mental health counseling. To date, he is still in treatment and has yet to complete either.

    He has supervised visitations bi-weekly for 4 consecutive hours. As of March 15, 2008, the visits have been modified and the parent aide is there for the first and last hour of the visit.

    My children and I were having a conversation about their pending Easter visit with their father and my 8 year old started telling me that their father makes them sit down and then questions them about what they do at my house and what the boys' and I talk about. Their father then started telling the boys' that from now on he was going to tape record their conversations about me and daily life at my house and that he was going to take it to court. My children also confided to me that they are scared of their father when he starts questioning them and feel compelled to tell him what he wants to hear. They love their dad and have requested for me to accompany them to their visits with their father so that he will "stop questioning them." This is not even a thought that can be entertained as there is an order of protection that is only lifted for the children during these 4 hour visits. The children are court ordered to see their father, but I am concerned for their wellbeing (more mentally than physically) at this point. I would like to tell the parent aide that the boys' will not be able to attend the visit on Sunday and why, but I'm not sure if that will be considered contempt of court. (not that my children aren't worth it.)

    Their father has also requested that my oldest son start writing down things, such as when they are diciplined and why, along with when I do something that they don't like.

    There is a preventative caseworker involved, but it's the weekend and I am unable to contact him at this point. I also have plans to obtain a lawyer on Monday, but there is still Sunday in between. I was just wondering where I stand legally.

  • #2
    You will be considered in contempt of court.

    Send the kids on Sunday. Talk to the lawyer on Monday.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

    Comment


    • #3
      Ok, thank you. One other question, not that it matters whether or not he does record the children, but is that legal?

      Comment


      • #4
        Originally posted by knappjp View Post
        Ok, thank you. One other question, not that it matters whether or not he does record the children, but is that legal?
        Yes, as sick as it is, taping your own children talking is legal.

        However, it is a very stupid thing for ex to do because that tape can be used as proof in court that HE is doing things that hurt the children. All you can do for now is to file for a modification to have the order include that ex is prohibited from questioning the children or talking to them about any court actions, and ceratinly include that he is prohibited from taping any converstaions that relate to thier home life with you.

        Comment

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