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  1. #1

    Default Complaining to the Custody Court That Your Ex- Wouldn't Leave When Asked to Do So

    My question involves a child custody case from the State of: Virginia

    This may be more of a trespassing issue but since it involves my ex and our son I'll start here. My ex-wife is very protective of our 14 year old and encourages her to call about every little thing. (He is small for his age and was born with a heart condition. I've recently put some restrictions on my son's phone usage - he only calls his mother.) Last night 4 bats found their way into my home which I trapped and let go outside. This morning my son spotted another. He calls my ex and then hands the phone over to me and I get an earful for 10 minutes about how the bats could have bitten our son without him even knowing because of their small teeth and that I need to have the bat tested for rabies by animal control. I tell her that if she wants I'll give her the bat in question and she can have it tested. The transfer would have been made at 6pm today when my son returns to his mother. Before I know around noon today it she is pulling into my driveway - she only lives a mile away. I offer to give her the bat which by this time I've caught and have placed in a paper grocery bag sealed with masking tape. My ex comes onto my rear deck and I remind her she was not invited over and I ask that she remain in the her car while I get the bat. She insists that I put the bat in a tupperware container so I get one and she says it's too small and insists on a larger one. (I know, this is getting absurd!!) She still hasn't returned to the car so I tell her that if she does not do so I'll call the police. She stays put so I call. After I speak with the dispatcher she speaks to them and mentions the bats. So they send both a squad car and animal control. The police visit is uneventful and animal control takes the bat for testing. I explained to the officer that I called simply because she wouldn't stay put after an unexpected visit. He relays that to my ex and everyone leaves.

    So, were I to complain in court about this what might be the outcome? Our mediation agreement doesn't specifically states we can't be on each others premises, but she is interfering with my visitation time and refused to depart when I asked. Could this perhaps be a straight forward trespassing issue? Thanks in advance.

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: One-Time Interference from Ex - Called Police Because She Wouldn't Leave

    i doubt a court would see this as a trespass. You did say she could take the bat if she chose to do so. She came to get the bat.

    Whether she was in her car or not is irrelevant.


    If you complain in court about this I think the judge might admonish you for being a whiner.

  3. #3
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: One-Time Interference from Ex - Called Police Because She Wouldn't Leave

    Quote Quoting jk
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    i doubt a court would see this as a trespass. You did say she could take the bat if she chose to do so. She came to get the bat.

    Whether she was in her car or not is irrelevant.


    If you complain in court about this I think the judge might admonish you for being a whiner.
    Is it a full moon or something, J? It's gotta be.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: One-Time Interference from Ex - Called Police Because She Wouldn't Leave

    Quote Quoting just.a.programmer
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    So, were I to complain in court about this what might be the outcome? Our mediation agreement doesn't specifically states we can't be on each others premises, but she is interfering with my visitation time and refused to depart when I asked. Could this perhaps be a straight forward trespassing issue? Thanks in advance.
    There's obviously a lot of hostility between you and your ex and it's not doing your son any good.

    You're making a mountain out of a molehill and wasting a judge's time over this isn't going to go well for you.

    For chrissake, she was worried about her son. If your son was over at her house and called you about a splinter you'd want her crucified. Give it a rest, man, before your son ends up as one of those teenagers that brings a gun to school, kills a bunch of kids and then himself.

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