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Motion to Restrict Parenting Time

primin's picture
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We've been having a horrible time dealing with our SS 15. We have 50/50 custody. He is smart, but not doing well in school. He is given consequences for not following rules, but will just refuse to come to our house to avoid them. BM, in the last investigation report, was told she need to learn how to set consequences and stop being the "rescuing" parent. It was noted that she engages in covert alienation by allowing SS to have no rules in her house and always telling SS that my DH is a "bad parent" by setting unreasonable demands. (Like showering, wearing clean clothes, cleaning the toilet when he pees all over it and not leaving food in his room until it molds)

Past history, BM accused my DH of "pushing" her during the divorce and he was arrested for DV. He's in a career that would be over if he was found guilty. He agreed to attend classes so they would dismiss it as he couldn't take any chances at trial. Initially SS was aligned with DH and accused his BM of kicking him. This went all the way to a police report where SS retracted it after the first hearing. SS has become more aligned with his BM in the past four years or so and now he is repeatedly accusing DH of violence. I live with him, this has never happened. The investigator who did the report when BM sued for primary custody (again) two years ago said SS lies, exaggerates and is encouraged to by his mother. The investigator went on to list TWO PAGES of instances where it was proven that SS was lying and/or exaggerating.

We told SS if he falsely accused DH again, he would not be allowed back in to our home. This happened and DH sent BM an email saying he would no longer enforce parenting time with SS. We can't take the chance that it will affect my DH's career or custody of my two kids. Interestingly, DH has no problems with SD 12, only her brother.

BM, with information from SS, filed a motion to restrict parenting time and accused DH of violence and endangering SS. Don't laugh, but one of the quotes that they listed was the fact that SS was asked to fold socks, when he was 13, and his hands were "honestly too small" to do it. It was unreasonable. So DH trashed his room and broke his dresser. I WAS THERE. IT NEVER HAPPENED. He has accused him of so many things that other people have said never happened so I'm not too worried about SS's credibility.

We would like to give up parenting time with SS, have no visitation, but DH does not want to relinquish custody. BM knows this so why did she file a motion to restrict his parenting time when she knows he doesn't want to exercise it? She filed it as an emergency order and we have a hearing next week. I'm going to be honest. We have spent $50k+ defending DH from BM. She's like a terminator and never stops. We don't have any more money to pour down the drain for a SS who's acting like a sociopath, just like his BM. I'm to the point I don't even want to see SD because I'm so upset her BM is ruining our lives. I know it's not her fault, I can't help the resentment though. I certainly don't show it but I feel it. The BM knows that court proceedings could eventually catch up to DH's job as he works with children in a mental health setting. She's ruining his reputation by telling anyone who will listen that he's abusive. BTW, he's one of the most caring, compassionate people I've ever met. Both of my kids adore him and can't wait to be around him.

Has anyone else had the other parent use the court to torment, harass and bankrupt your family? I just want her to leave us alone. If her son wants to be the same way, he can just leave us alone too. Has anyone else ever given up visitation rights without relinquishing custody? We are thinking about relocating out of state just to get away from her.

Couldawouldashoulda's picture

Awww geez, I feel really bad for you!!! 50k? I'm sure that you are really at your wits end. I'd be super careful about not exercising the visitation though. I've got a feeling that will be used against you later with the court and with the SS to DH. Maybe moving would be a good option for you rather. I've been thinking about it too, but my luck would be as soon as I give up my house, job, friends, etc. then BM would find someone to boink full time and move there and it would all be for nothing. Sad

Rags's picture

This tactic is not unusual though my wife and I have never experienced it or perpetrated it.

Unfortunately the system is severely biased towards BMs with custody. If I were your DH I would sue BM for defamation and get a PO forbidding her to speak of your DH to anyone other a police officer or other investigative authority.

I do not know if this is possible but your DH needs to do something to protect himself from the BM.

IMHO of course.

Good luck and best regards,

Orange County Ca's picture

Considering his job I don't see you have much choice in the matter.

I would counter sue. Not for custody but to get an order requiring both the son and the ex to stop the slander. This will give your husband a tool to use should she start in again and make a public pronouncement that she is already doing so.

I would also file an answer to her suit giving up all parential rights to custody and visitation with the boy for reasons you've already mentioned.

The boy will likely come to his senses in time but he could destroy his fathers career before he does so. Giving up custody and visitation removes all reasons for them to continue the lies and removes the contact thereby leaving nothing to lie about.

Francesca's picture

How about a full time video camera while he is visiting?
Do you have an attorney who specializes in false abuse accusations?
F.

primin's picture

We went to court and the judge thought the "emergency" hearing was bogus and there is no reason to restrict parenting time. DH informed the judge that he no longer wished to exercise his parenting time and the judge ordered SS to live 100% with his BM.

Interestingly, I did not feel elated to have him out of the house, although I am. He has created so much drama, unhappiness and worry for the rest of the kids, they're all happy he's gone. I just feel like it was a totally empty victory. My DH is devastated that he has to live without his son but he also can't live with him the way he's been acting. If the BM wants to create the problem, then she'll have to live with it.

Judge ordered SS to therapy... again, and I'm just pissed that we're going to have to pay for it... again. Over $40k+ spent on getting away/protecting ourselves from the crazy bat and $10k for therapy that the BM keeps insisting the kids go to. Why? So she can keep telling the therapists how evil her ex is and how he perpetrates child abuse. This time she has to pay half the bill so hopefully it won't go on too long. Poor kid actually needs it but how much more can we keep paying?

Ugh, who knew life could be so complicated. I just wish I could put this behind me and move forward with my life but she's always there nipping at our heels, creating drama, worry and angst. It's also incredibly difficult not to resent my DH for bringing this crap into my life. I don't have a relationship like this with my ex. We do things together for the kids. We may not always agree on things, but our kids come first. I hate the fact that she's a part of my life, even though I love my DH. Logically I know it's not his fault, my emotionally I'm just spent (and angry).