Dvpo?


#1

See http://www.rosen.com/forum/viewtopic.php?f=2&t=15516 for history.

We agreed and the kids(10, 14, 16) have lived with her 2 miles away for over a year. Divorced in September and a custody hearing is next month. She acknowledges there is no order restricting either of us from them in any way, only us from each other. Still, she threatens arrest and denies access to the youngest, then takes him to her boyfriend’s house while she works. She refuses to share his location or contact info. He tells me where he was and asks if he has to go back. I have no attorney and she does, and I almost feel like I’m being baited, as she has to know her behavior isn’t going to help her in court. Unsolicited and like his brothers, he wants no part of mom’s relationship. Also, now her messages suggest to the ignorant that I’m incapable of caring for the kids, while it’s common knowledge to all that exactly the opposite is the truth. I’m unemployed and have plenty of dad time available, while money isn’t an issue (yet). I’ve tried to find a way to keep him here instead of there, but me pulling the opposite direction is what she does.The kids wanted to go to her employer and tell them what’s going on, and that it’s not “Dad’s on drugs” as they’ve been told. I admit that sounds fun, but that’s not going to happen, so this is my idea: Last fall the not-yet-divorced-ex told the kids that XXXXX was ready to “throw down with me anytime”. I’ve never seen, met, or spoken with him, nor has the fear gripped me, but would that comment months ago (shared with the kids by the wife, and then me by them) support a DVPO now, thus allowing me to stipulate keeping the youngest from there? Also, how would my action of that nature appear during a custody hearing? Thanks in advance for your thoughts. If interested, examples of her bahavior:
[i]
Dec 5 0400 DAD: Please remind the boys I’ll pick them up for church this evening.
NOBODY HOME WHEN I ARRIVED
Dec 5 1915 EX: I didn’t get home til late - lets shoot for Sunday nt.

Dec 10 0917 EX: I will be celebrating Christmas with XXXXXX at my mothers this weekend (out of state). The boys would like to spend weekend with you while I am out of town.It will be your responsiblity to care for them or I will make arrangements or they come with me.
Dec 10 1231 DAD: Man, how am I ever gonna pull that off LOL? Each of them will stay here this weekend.
THAT WEEKEND
Dec 14 1748 DAD: When are you bringing XXXXXX over or do I need to pick him up?
Dec 14 1801 EX: XXXXXX said he wanted to go with me I assume you have the other two since you said you would have them this wknd.
Dec 14 1814 DAD: So after we agreed they would each stay here you’re saying XXXXXX chose to go with you and XXXXXX ? NO RESPONSE

Dec 26 1449 EX: Kids out of school this week and next. Would u like to have XXXXXX while I work or do I need to schedule something else?
Dec 26 1614 DAD: I should be home in time to pick them up by 1845 for church tonight (1900). And “Would u like to have him at all while I work or do I need to schedule something else?” Is that a question? Really? Of course I want each of them here.
Dec 26 1643 EX: Ok the boys will go to church and XXXXXX will stay with you tonight - his request.
Dec 26 1708 DAD: Very good.
Dec 26 1755 EX: The boys are ready (EVERYONE is aware church is at 1900. Dad’s S,S,S-ing)
Dec 26 1815 EX: Ok if u r not here to the get the boys XXXXX will go his own way and I will make other arrangements for XXXXXX tomorrow.
Dec 26 1844 DAD TEXT TO ALL from ex’s apartment parking lot: Anyone home? Where are you guys? Church starts in 10. Hello?
Dec 26 1850 DAD: Where are you?
Dec 26 1852 MIDDLE: I’m not going tonight.
Dec 26 1853 DAD: Where are XXXXXX and XXXXXX?
Dec 26 1854 MIDDLE: Mom took XXXXXX somewhere. I don’t know where they went. I don’t know where XXXXXX is.
Dec 26 1901 EX: Your text just came through church just started / it’s too late now.
LATER THAT NIGHT AND INTO NEXT
Dec 27 0009 DAD: I’ll pick XXXXXX up after lunch tomorrow (Thursday).
Dec 27 0844 EX: He is not home today, had to get a sitter for him.
Dec 27 1313 DAD: Why? What time can you meet me at the police station for exchange? NO RESPONSE

[/i]


#2

Again, I’m not quite following what is going on here, and your fact pattern is a little convoluted for this forum. It seems you be best served by a full consultation to discuss your many issues. You should know that it will likely be difficult to prevail in an action for a protective order based on one statement that occurred several months ago.