Roseville, CA asked in Family Law for California

Q: I have a question about Our Family Wizard and the other parent not complying.

Two months ago the other parent and I had a custody hearing and the court ordered that both parents communicate through Our Family Wizard. About two weeks ago, I sent the other parent flight information for his weekend on Our Family Wizard, and I did not hear back from him until today when I emailed him on Gmail to let him know that I sent him the flight information on OFW, and also informed him that I messaged him a separate email about another matter that needs his attention, and concluded that I would not be communicating through the Gmail platform moving forward. He emailed me back asking I send the flight info through Gmail. He also mentioned he hasn't signed up and would let me know when he does with no other information on when he plans on signing up. Do I stand firm and not respond to anything through Gmail? I feel I've done everything the court asks of us and followed through, while he takes his sweet time and does what he wants.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In this situation, it is important to adhere to the court order and communicate through Our Family Wizard (OFW) as mandated. Here are some steps you can consider:

1. Stand firm: Politely remind the other parent that the court has ordered communication to be conducted through OFW and that you intend to follow the court's instructions.

2. Document your efforts: Keep a record of your attempts to communicate through OFW and the other parent's lack of compliance. This may be useful if you need to bring the issue back to the court's attention.

3. Consult with your attorney: Discuss the situation with your lawyer and seek their advice on how to proceed. They can help you draft an appropriate response to the other parent or advise you on whether to file a motion with the court to enforce the order.

4. Consider informing the court: If the other parent continues to be uncooperative, you may need to inform the court of their non-compliance. Your attorney can guide you on the proper procedure for doing so.

Remember, it is crucial to follow the court's orders and maintain a clear record of your efforts to do so. By not engaging in communication outside of OFW, you demonstrate your commitment to adhering to the court's instructions, which can work in your favor if the matter needs to be addressed by the court again.

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