SCLoanguy
recently joined
Reged: 06/20/12
Posts: 1
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My ex and I had a separation agreement (South Carolina)in which I provided the kids (ages 7 and 4 at the time) with a cell phone so I could contact them each night. She didn't go along with the idea until a judge told her she had to abide by that part of the agreement. After 2 years of being separated, we finally (FINALLY) got divorced in February of this year. The phone that I gave the kids was up for an upgrade when I picked them up for summer vacation so I got them a new phone. When the kids returned to their mother, I was told that "the kids are too young for the responsibility involved with a phone", she is sending the phone back to me with instructions never to give them a phone again without her consent (she is the primary parent, so she has all the power and intends to use it, in fact has used it, to make contact between me and the kids an issue). There were no other legal issues to deal with, I willing gave up a custody fight because I travel a lot for work, she just really hates me that much.
My question is, can I go back to court and argue that this is ridiculous and the only reason it didn't carry over to the divorce was a (horrible) oversight? Can I do so without a lawyer, as I don't think this kind of argument warrants $275/hour. I guess I'm asking if the members think this is a worthwhile thing, or am I going to be fighting for nothing?
Thanks for any advice/guidance. Have a great day.
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needmorehelp
recently joined
Reged: 07/08/12
Posts: 2
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Yes go back to court, and you can do this pro-se, without an attorney. It sounds like she is in contempt and if this provision is written down then she has no case.
Courts see contact with both parents as a major issue.
You should file a contempt of court action.
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kkimberh
enthusiast
Reged: 03/24/10
Posts: 391
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However, if there is a home phone or mom has a cell and you are able to have contact w/ your kids, mom is not required to let the kids have a cell phone of their own while in her care.
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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First, if the phone provision of the separation agreement was not included in the final divorce decree, it is NOT contempt as stated previously. If it was not part of a final divorce agreement, your remedies are two-fold - first, you may seek to mediate the issue and reach an agreement by addressing the other parent's concerns. If that fails, you may file a Motion to modify your decree to include the telephone provision. WIthout any additional facts, it would seem you would have solid arguments for such a request.
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