Assume that you have been asked to provide a position statement for your client to attend mediation
Question:
Assume that you have been asked to provide a position statement for your client to attend mediation in a family law case.
The information in this case is the other parent who is the petitioner, Ms. Richards, wants to modify the current court order to add a provision that would give the parties two minor children access to the cell phones at all times, so that they may contact the other parent when they want. Her position is that Mr. James is preventing the children from contacting her whenever they want to, and that the children should have unrestricted access to their cell phones and/or other smart devices at all times since she is the purchaser of these items.
However, your client, the respondent, Mr. James, argues that this is completely false since he does not prevent the children from contacting their mother. He has brought forth evidence to show ongoing text messages between the children and their mother in the months leading up to the date Ms. Richard files her modification in court. Therefore, Mr. James believes that Ms. Richards only wants this provision so that she may track and control the whereabouts of your client. Mr. James discovered text messages between the oldest child and Ms. Richards that shows their oldest child, 11-year-old Sharon, is forced to inform their mother every time they leave their house and the reason. Sharon also has to take pictures of where they are at throughout the duration of their outing. Mr. James realizes that this behavior interrupts and interferes with his parenting time and causes their daughter to be in distress. In the state of Texas, recent legislation has passed that makes it a felony to track the whereabouts of another person without their consent. Mr. James believes that Ms. Richards is attempting to "stalk" him when the children are with him. Mr. James also believes that their youngest child, 7-year-old Nathan, is too young and not mature enough for the responsibilities of a cell phone yet. And while Nathan has a phone at his mother's home, Mr. James is fine with that. In his home, Nathan does have access to a smart device where he can FaceTime and text his mother if he wants to. Nathan has never expressed the desire to contact his mother when he is with his father.
Your client, Mr. James' is requesting that the provision should instead state that "each parent will permit phone contact with the other parent at reasonable times and not to exceed 15 minutes daily." He believes that incorporating a provision that restricts the children from having constant access to their cell phones during his parenting time is a necessary step to ensure their safety, privacy, and emotional well-being. It promotes a more peaceful and stable co-parenting environment and upholds their rights as individuals while fostering a positive parent-child relationship.
Please provide a persuasive position statement states why Mr. James should be awarded this provision based on the above information.
Null Family Law Cases And Materials
ISBN: 9781599415741
5th Edition
Authors: Judith Areen , Milton C Regan