My husband is being harrassed and intimidated by his ex-wife and her police officer boyfriend during custodial exchanges. There is no history nor has there ever been any domestic violence or verbal escalations of any kind between my husband and his ex-wife that would warrant a police presence or chaperone. The ex-wife and boyfriend typically pull up to custodial exchanges at the same time in separate vehicles and block him in during the exchanges. They have been doing this for over a year now. The ex-wife is also trying to interfere or frustrate my husband’s time with his daughter. She is frequently late which seems to be on purpose and is always coming up with lies and excuses about why the child cannot have visitation with him. She’ll comes up with the most outrageous excuses ranging from heart attacks to funerals. It seems that when she and her boyfriend storm the custodial exchange by pulling up together and blocking him in, it’s just one more form of her ongoing campaign to exercise control over him and frustrate my husband’s visitation with his daughter.
Does this rise to the level of harrassment in the eyes of the law? Does he have any legal options here?
This is probably not harassment for a criminal matter or domestic violence protective order.
If your husband has a custody order with the mother, and he has not been getting his court ordered custodial time with the child, then the mother may be in contempt of court. Your husband can file a contempt motion (motion and order to appear and show cause) against the mother to have the court ordered enforced.
If your husband does not have a custody order with the mother, then he may want to file a child custody lawsuit against the mother to have a court ordered custody scheduled in place. A judge will not like that the mother is interfering with the father’s custodial time and the fact that intimidation/manipulation tactics are being used at custodial exchanges since these do not leave a good or safe impression of both parents on the child.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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