This article courtsy of http://www.custodyreform.com
Suggestion for documenting custody order violations
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Source of Information:
Ms. Diana L. Buffington
on October 14, 2002 at 07:06:22:
First, make sure this is legal in your state by reviewing this site: http://www.rcfp.org/taping/
Get a tape recorder from Radio shack, with a telephone attachment and several
90-minute tapes. State the date, time, the phone number, who you are calling and
the name of a witness (with their DL #) to the call. Then record the call. End
the call with the time.
Also jot it down in your journal and have the witness sign it. When it comes to
court, then you have a witness to subpoena, a tape, and a journal to prove
custodial interference and PAS.
Send all mail to your child certified mail, with return receipt (a green
postcard). Then you have a written record that someone signed for that article
of mail to prove custodial interference and PAS.
Send a certified copy of your custody orders, along with a copy of your state's
custodial interference laws to the other parent in a letter stating that you
wish to visit your child(ren) at specific times for the next three months. The
letter should also state specific times and dates when you plan to call or go
online with your child(ren). The letter also needs to state a place where
you will pick up the children, and phone number you will call to talk to them.
This certified letter must correspond to your custody orders to the letter.
If you go for a visit take several witnesses if you can. If you have a friend
who is a court officer (i.e. law enforcement officer, court bailiff, attorney
(off-duty), court reporter. para-legal) take them as one of your witnesses, but
DO NOT GO ALONE for any reason.
Take your tape recorder do the same thing as above (there is a microphone that
looks like a pen in your pocket). Also take you court orders for visitation with
you, better yet, always leave a copy in your vehicle. If you have custodial
interference laws in your state, have a copy of them with you also.
Start the tape just as you did above, before you get out of the car. Go to the
door with one witness, knock on the door; if the tape records knocking, so much
the better. Ask for your child(ren). If they do not show or are not home wait
for an entire hour. If you have a specific time allotted for your visits (2-3
hours), stay at the pick up point for the entire time. That way, the other
parent can't claim by the time they got there, your were gone.
If other parent refuses to let the kids go with you, or kids do not show up call
the local police department (non-emergency number) and ask them to send an
officer to the address where they are to make a "written report" of
custodial interference in violations of court orders.
Do not let the police dispatcher or police officer tell you that this is a civil
matter and they can't get involved. The police can get involved for a
"written report" when you tell them that the other parent is in
violation of court ordered custody orders as officers of the court. Be firm and
polite to the police officer/dispatcher.
If other parent is there when the police show up, have the officer attempt to
talk to them. If other parent still refuses, the officer by law has to inform
them that they are in violation of civil custody orders, and that the officer's
visit can be used in a court of law.
If other parent is not there, then ask the officer to make a "written
report" on the call out. DON'T TELL THE OFFICER YOU ARE TAPING HIM.
Tell the officer that you want a "written report". Get the officers
name and badge number, and tell him that may be subpoenaed as an officer of the
court on this incident. Make sure the officer gets all of the names of your
witnesses
(PS -- make sure your witnesses do not have any warrants out for their arrest,
they may be picked up).
After the officer leaves, end your tape recording with the time.
Write an entry in your journal, and have the witnesses sign and date it. Get
a copy of the "written report" from the police station. If no report
was made, now you can use your tape with the court, to prove you did ask for a
"written report". Now you have a tape, witnesses, and journal to back
up your claim to prove custodial interference and PAS.
Do this procedure for every visit, every call, every mailing for one month, then
file in court! Keep up the procedure until your court hearing. You can even set
up the mailings and calls, to prove PAS.
This scenario has worked everytime in a court, when our clients have used it. We
have overturned primary custody in 50% of cases, where custodial interference
has been proven.
You might want to check with your individual state regarding taping of calls,
but most Family Courts nation-wide will allow tape recordings as evidence, if
the above procedure is followed to the letter. You can always end the call with
a tape recording notification, if the need requires it.
Diana L. Buffington, State Coordinator
CRC-TX
3705 Billie Faye Drive
North Richland Hills, Texas 76180-1549
817-589-8395 office 6am-3pm CT
817-589-7330
crctx@myexcel.com