Opinion on communications

[Exquizique]

Would appreciate some opinions on this:

Extremely high conflict case. In partial minutes of settlement it was agreed that CP and NCP would only communicate with each other with regards to matters pertaining to the child of the marriage, and only through counsel for a fixed period of time as there are restrictions in place preventing the NCP from communicating directly or indirectly with the CP.

However, CP has directly emailed/contacted NCP asking for response and replies to different matters, including Section 7 expenses (no urgent issues). NCP has not responded, and does not want to contravene the restrictions placed on NCP in any way as NCP does not want it the contravention be used against him for petty or vengeful reasons as CP has clearly done in the past.

CP is demanding responses/replies, again, directly from NCP.

Should NCP continue to ignore CP’s direct communications, and only respond when/if CP sends through formal communications (as agreed upon and documented) through counsel? Or should NCP initiate a response through counsel? NCP is wary that the latter will inadvertently set a precedent for having to respond to CP’s direct communications through counsel for every little matter, and not have CP respect the agreement to communicate through counsel as agreed.

[Berner_Faith]

Seeing as there are restrictions put in place, I would not cross that boundary... I would use counsel...I would write the CP through counsel and state that even though the CP tried to contact you without counsel, because of the restrictions put in place you will not reply directly to the CP. If the CP wishes to discuss matters, please direct the issues to counsel as set out in the restrictions. Once you receive communication from your counsel on the questions CP has, you will then respond.

Don't set yourself up for anything that is going to put you at a disadvantage.

[Tayken]

Originally Posted by Exquizique

Would appreciate some opinions on this:

Extremely high conflict case. In partial minutes of settlement it was agreed that CP and NCP would only communicate with each other with regards to matters pertaining to the child of the marriage, and only through counsel for a fixed period of time as there are restrictions in place preventing the NCP from communicating directly or indirectly with the CP.

However, CP has directly emailed/contacted NCP asking for response and replies to different matters, including Section 7 expenses (no urgent issues). NCP has not responded, and does not want to contravene the restrictions placed on NCP in any way as NCP does not want it the contravention be used against him for petty or vengeful reasons as CP has clearly done in the past.

CP is demanding responses/replies, again, directly from NCP.

Should NCP continue to ignore CP’s direct communications, and only respond when/if CP sends through formal communications (as agreed upon and documented) through counsel? Or should NCP initiate a response through counsel? NCP is wary that the latter will inadvertently set a precedent for having to respond to CP’s direct communications through counsel for every little matter, and not have CP respect the agreement to communicate through counsel as agreed.

Do not ignore the other parent. What you should do is print out the communications that you have no responded to. Answer them all in full and courier it to the other parent's solicitor. Also, you should be notifying the other solicitor that you are getting direct communications.

Furthermore, you should attach an offer to settle to the communications to resolve the problem and move the communications to a managed platform like Our Family Wizard or Shared Parents (.coms). They operate communications, certify the sender and seal all the communications. They operate like a running affidavit.

If you have issues with the other parent calling the cops on you... OFW is a great tool and many customers report that they have successfully ended the harassment by the other parent with the police on false allegations. (Just read their customer comments section on the website.)

You should respond but, in the proper way. If the other parent doesn't agree to your offer to settle the communications issues and move it to a tool like OFW it will back fire on them in court when the issue comes up.

Good Luck!
Tayken

[Exquizique]

Just an update: The CP finally sent communications through counsel, and now the matters will be able to be dealt with properly.

Thanks for the advice and suggestions!