My fiance’s ex has a tendency of texting and calling him whenever she likes to make jabs about him as a person and father. She demands info on our personal life, talks trash about my children (which she better stop cause Idont play!) Yells at my fiance, and constantly refers to anything good that happens for us as dirty laundry. She also uses their child as a bargaining tool, saying if my fiance won’t tell her what she wants to know he won’t get to see the child and that’s how it is because she’s going to do it her way and that’s it. She is manipulating and trying to control his life and to a degree mine too. Its not fair. Neither of us have any sort of contact with her unless its about the child and then we say what we need or get info and end the convo. Is there any way it can be written up she does not contact us unless its about the child, only the child, and she has to be civil about it?
Firstly, I would try to avoid communicating via phone. I would do text or email so that everything is documented in the event you want to pursue harassment charges. If she calls and doesn’t have info about the kids specifically, then hang up.
Denying visitation or threatening to do so is not in her best interest and can be used against her in the event you file for a change of custody.
As I stated in a response to an earlier post of yours, you should have the communication issue addressed in a court order so the times and reasons for contact are limited. If the inappropriate communications continue, she could be found to be in contempt of the court order. This is more effective than seeking a protective order for harassment as the parents need to be able to communicate to some degree.
What exactly could happen to the party if they are in fact breaking a custody order that states; neither parties shall talk bad about the other party in front of the children or something to that affect. If I am able to prove it in court, via my children’s counselor, could I use my ex breaking the agreement to my advantage?
I’m not sure what you mean by “using it to your advantage,” but if the other party is found to be in contempt of the court order, you could argue that this alienation warrants a change in the child custody order. You should consult with an attorney to discuss all the facts of your case so he/she can give you a more detailed analysis.