What are my options if the mother of my grandchildren was court ordered not to say anything negative about us but has? 8 Answers as of March 29, 2013

My son calls the children twice a week and on the last phone call, the children didn't hang up the phone. We heard the mother say some very nasty and mean things about my son and our family in front of the children. It was all lies. She was directly court ordered NOT to do that. What recourse do we have?

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Carey and Leisure | John Smitten
The court has jurisdiction over her and the children so file a motion for contempt of court and ask for sanctions.
Answer Applies to: Florida
Replied: 3/29/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You have none. Your son could move for the mother to be held in contempt. Next time he might want to record what is said.
Answer Applies to: Idaho
Replied: 3/28/2013
Reza Athari & Associates, PLLC | Seth L. Reszko
You can file a petition for an order to show cause as to why the mother should not be held in contempt of the court.
Answer Applies to: Nevada
Replied: 3/28/2013
Law Offices of John S. Keating
Law Offices of John S. Keating | John S. Keating
If there is a judgment or court order which states that neither parent shall disparage (make negative comments about) the other parent to the children or in front of the children, then the parent who is being "bad-mouthed" in violation of that judgment or order can file a complaint for contempt in probate and family court.?If the court finds that such improper "bad mouthing" has taken place, then it may hold the parent making these comments in contempt, in which case he or she will be ordered to stop, and may also be ordered to pay the attorney's fees of the non-badmouthing parent. Even just the threat of such an action such as a letter from an attorney may be sufficient to get the bad-mouthing parent to stop.
Answer Applies to: Massachusetts
Replied: 3/28/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
I would have to see the orders but suspect that she is in contempt of court. Such cases are extremely difficult to prove and sometimes more expensive than the value which can be gained.
Answer Applies to: Michigan
Replied: 3/28/2013
    John Russo | John Russo
    In reality none, you could file contempt charges and how do you prove your allegations, oh I forgot you heard her, so now it becomes a he she said she said type of thing, your word against hers, and the court should believe you, why? Also, you heard a voice who you believe was her's, but unless you can see through telephones you have a second problem to overcome she was not present, it is frustrating I know but unless the children are willing to tell a court investigator that their mother says bad things about dad and his family to them these type of things are going nowhere, and also to get the children to say something would mean that you guys are talking to them about it which you are not suppose to do, unless they keep complaining to you, it is not your place to pump them about what is said or not said, they should not be placed in the middle of this stuff, unless they are the ones complaining.
    Answer Applies to: Rhode Island
    Replied: 3/28/2013
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    You can take her back to court for contempt though it is likely she will only get a slap on the hand for the behavior.
    Answer Applies to: Wisconsin
    Replied: 3/28/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You and your son need some expert advice. You will want to take it to court to try to stop her from doing this. And it is not easy. How to do this depends on the law of the State you live in. Before you do anything, talk to a lawyer. And do that soon.
    Answer Applies to: New Jersey
    Replied: 3/28/2013
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