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Can a judge order my ex stop talking badly of our kids on social media?
02-19-2014, 12:49 PM
Post: #1
Can a judge order my ex stop talking badly of our kids on social media?
My ex wife who I share joint custody of a teenage son and daughter (15 and 16) she currently has residential custody for school as I do travel for work.
With in the next few weeks I will be going to court with her for multiple contempt of courts and educational neglect. I also want to request the judge order her to stop posting negative and mostly untrue information about our kids publicly on the internet. I will have an attorney when this happens I just don't have anyone to ask right now
She post things about my daughter wanting to commit suicide and being sent to hospitals, my sons behavior at home- giving details and saying shes calling the cops....Most of the time a lot of the things she posts aren't even true. Things like her talking to her attorneys to keep our son "out of juvie lockup"...when hes never been in trouble in his life and is on the honor roll at school and she doesn't have attorneys and never has.
This isn't about it bothering me, she does all sorts of things that annoy me and I get over it but the kids are on her social media sites, my ex adds their friends and their friends parents and then says these things!
I have extensive screenshots of her doing this and the kids commenting it asking her to quit, texts from the kids telling me what shes doing and its hurting their feelings, messages from parents in their small town telling me my ex is getting my kids teased at school....
I hate this and know there needs to be a switch in custody for many reason but I also cant find other employment and know it wouldn't help them to have a dad that cant support them.
So Im wondering can a judge at least order their mother to quit doing this emotionally harming thing??

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02-19-2014, 12:51 PM
Post: #2
 
You could always ask, but the first amendment rights come into play. I doubt you would win in this situation. This however might come down to emotional abuse if the children told them to stop and it is making them sad... still, a very weak case.

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02-19-2014, 12:55 PM
Post: #3
 
I'm no lawyer but I'm pretty sure this counts as harassment and slander. It could even be considered bullying if you feel that's the road you want to take. Like Justin said, it could even boil down to emotional abuse. Its sort of weak and first amendment is a factor but its not some random person she's talking about.

I don't know if a judge can order her to stop but if I were to have to bet being shot in the foot with a .44 I would say its something that probably can and will be done. If I were you I'd print everything she's saying on social media and in texts/emails, give them to a lawyer and see if you can do something.

Hang in there, and remind your kids that everything will be alright.
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02-19-2014, 01:04 PM
Post: #4
 
I think you have a basic problem here. The problem is that it's abusive behavior. I don't see any other way to look at this. I don't see how you can look at that and not consider it to be abusive.

Here's why it won't work for you. Once this is in court, and it's determined that your ex is abusing the children, then CPS is going to be contacted, and they'll take the children and put them in foster care.

And I'm afraid that cps and the judge are going to see you as allowing this abuse to go on. What your telling the judge is, "Judge, this is abuse. I know that my ex-wife is abusing the kids. But I've decided that my job is more important then my kids being abused" That's what the judge is going to hear. And to be honest, that's how it sounds to me.

Really, I only see one way for this to go. Your going to have to take custody of the kids. If you don't take custody, then both you and your ex are guilty of child abuse. And when cps gets involved their going to declare both parents incompetent and put the kids in foster care.

Getting your ex to stop in social media doesn't really solve the problem. The abuse will still continue. It'll just take a different form.

Check with a lawyer, I might be wrong.
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