Q: My ex partner is blocking me from my son’s phone. She is threatening me.

A: Do you have a custody order? Is there any provision for contact? If not you will need to go to court. Speak to an attorney.

A: I'm sorry to hear about the difficulties you are experiencing with your ex-partner regarding communication with your son. Situations like this can be distressing, and it's important to address them both legally and constructively to ensure your parental rights are protected and your child’s best interests are prioritized.

In New York, parental access and communication are governed by custody and visitation orders issued by the court. If you have a court order that specifies your rights to communicate with your child, such as phone calls or other forms of contact, your ex-partner’s actions in blocking communication may constitute a violation of that order.

Steps You Can Take

1. Review Your Custody or Visitation Order: Look at the specific terms of your custody or visitation agreement. Many agreements include provisions for communication between the non-custodial parent and the child. If such terms exist, blocking your access to your son’s phone could be a violation of the order.

2. Document the Issue: Keep detailed records of your ex-partner’s actions, including dates, times, and the nature of the threats or blocked communication. Save any relevant text messages, emails, or other evidence that demonstrates her interference or threatening behavior.

3. Attempt Communication: If it is safe and reasonable to do so, try to communicate with your ex-partner to resolve the issue amicably. Be respectful but assertive in reminding her of your rights to maintain contact with your child.

4. Seek Court Intervention if Necessary: If your attempts to resolve the issue are unsuccessful and there is an existing custody order, you can file a petition for enforcement in Family Court. The court has the authority to enforce the terms of the custody order and address violations.

Addressing Threats

If your ex-partner’s threats involve intimidation, harassment, or potential harm, you should consider taking additional steps:

--File a Police Report: If you feel threatened or unsafe, report the threats to your local law enforcement agency. Provide any evidence of the threats, such as text messages or voicemails.

--Seek an Order of Protection: If the threats persist or escalate, you may file for an order of protection in Family Court. This can legally prohibit your ex-partner from engaging in certain behaviors, such as harassment or interfering with your communication.

Best Interests of the Child

New York courts always prioritize the best interests of the child in custody and visitation matters. Maintaining consistent communication with your son is likely to align with those best interests. The court will view any actions that interfere with this communication negatively if they are not justified.

Your ex-partner’s actions in blocking communication with your son and making threats should not be ignored. Review your custody order, document the interference, and consider legal options such as filing for enforcement or seeking an order of protection if necessary. Consulting with a family law attorney can help you navigate this situation effectively and protect your rights as a parent.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.