[MishaDear]

Last year my husband won full custody of my two stepkids, due to the nature of what's been happening on their mom's house it is clearly stated on the custody decree that my stepkids are in no contact with their stepdad. We thought my husband's ex-wife is smart enough to follow what's been ordered by the Judge, but this afternoon my stepkids blurted out that they actually spend sometimes with stepdad inside mom's house last June and it lasted for two hours, and one was two weeks ago when they arrived on their mom's house he was still there getting ready to go to work.

We are very surprised to learn this and there is no way we can trust the girls with her again. She clearly has no respect to the law.

[cdad]

If there is a no contact claus in your divorce decree then that exactly what it means. If someone is violating it then you need to take that to the courts. If the situation is such that the person is there and you have knowlage of it call the police. ( only if that person is there and is in violation ) not after the fact. You need to bring contempt charges against the person that is allowing it.

[stinawords]

Not to sound rude but what is your question? There are many things that can be commented on in that post but if you had a specific question it would be much easier to answer.

[MishaDear]

Stinawords, my question is how can I ask the court to change my husband's ex-wife parenting time to supervised visitation ?
She is also disregarding the parenting time she requested. She supposed to have them every Tuesday night and 3 consecutive weekends overnight but instead my stepkids only spend 1 overnight a week with her.

[MishaDear]

Califdadof3, since the violation happened last June and two weeks ago according to my stepkids, can we use their testimony to bring this matter to the court. My husband and I knew that his ex-wife instigate those meetings cause she wants to get my stepkids to forgive stepdad for what he did and to get them close again, even if it means disregarding the rule.

[stinawords]

Well first off you can't really do anything it would have to be your husband that did the legal stuff because, he is the only one with rights over the kids (according to the law). So, what he would have to do is get a court date to petition the judge to make her visits supervised and the judge may or may not allow the testimoney that they were with the step dad two weeks ago. The even that happened over a year ago is basically mute this long after the fact. If you can afford a PI to get documentation (pictures) of the kids with the step dad that would hold up better in court.

[MishaDear]

Califdadof3, since my husband's ex-wife is not exercising the full parenting time she herself requested, can we use this violation to change her parenting time to supervised visitation. Please don't get me wrong I am a mother too and I know how hard this will be for her but we are so getting tired of her actions

[Fr_Chuck]

No, there is no violation if they are merely not using all of their time, they are not required to use the time,

You can if they allowed some contact with the one step parent one thing, you can show they are not using their visits, but this is not normally enough.

Also if there is a threat by the step parent to the point of being a threat,
I don't know why there is a no contact order? But unless this person is a threat or danger to the kids I don't think you will even get the no contact order to stick.

[MishaDear]

Stinawords, the first violation happened June of this year, my stepkids told me they spend more than two hours watching movies with their stepdad, mom and two stepbrothers inside their mom's house. The other was two weeks ago, their mom brought them home and he was still there getting dress for work. I am hoping that it is not too late for my husband to do something about this, cause if not this will be another case of her getting away of what she did.

[MishaDear]

Fr.Chuck, there were allegations of improper touching, and my stepkids testify that he was hitting them, reason why the Child Protective services and the Children Advocacy said during the hearing that they will start an investigation once they learn that my stepkids are back in contat with stepdad.

[MishaDear]

Fr.Chuck, we are also aware that parenting time is only an issue when it comes to calculating child support. She requested a lot of overnights in order for her to only pay $ 29.00 a month and yet she's not taking them.

[MishaDear]

Fr. Chuck, I am just seeing the obvious here.

[stinawords]

Ok, it was this year that makes it "better" in the sense that it will still be part of a history. The problem is that you don't have any proof. Like I said if your husband has pictures of the step dad with them and he is ordered not to be it would be much more helpful. Is there an order for the children not be around him at all or under the supervision of their mother? If child services was willing to open an investigation then I don't see why they don't unless they too are waiting for proof.

[froggy7]

It also probably depends on what the no-contact clause states. Frankly, if he is there getting dressed for work, and then presumably leaving for work, I have a hard time seeing that as "contact". But the order might state that he can't be in the same house or other such wording. So that will factor into it.

[MishaDear]

stinawords, this what's written on custody decree" Mother's husband is not permitted to have any contact with the children and will not be present when they spend parenting time with their mom".

[JudyKayTee]

stinawords, this whats written on custody decree" Mother's husband is not permitted to have any contact with the children and will not be present when they spend parenting time with their mom".

Then the mother (and her husband) are in violation of the Court Order.

You would have to go back to Court to hold her in contempt and for any other relief you think is appropriate.

You will, of course, need proof of your allegations and the Court will hear your children, probably in chambers, if they are the only proof.