Legal Ramifications For 'The Ice-Cream Incident Of 08'

[525601minutes]

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

Last night my friend let her emotions get the best of her . She and her husband (my former brother in law) filed for divorce about two weeks ago. He had been told at mediation that he should spend quality time with their kids (9 & 2) and not involve his girl-friend with his parenting time.

Anyway - when he dropped the kids off last night they were holding ice-cream cones - which the little one handed to mom. The mom noticed that the dad did not park in the driveway or in front of the house. She saw him walking up the block - and saw there was someone else in the car.

She followed the dad to the car where (of course) the girl friend was sitting. Mom lost it - and started screaming something like "go play mommy to someone else's kids and leave mine alone" and repeatedly smashed the ice cream cone against the window of the car.

Dad then hopped in the car and rode away... he called later and told mom he documented everything and will be going to court today to tell them how mom acted...

SO - I told mom that she may have a temporary restraining order against her. Not a bad idea as I think that mom would do better if the girl friend is no where near her either. But what else could she expect as a possible out come?? Did she break any laws? There was no permanent damage done to the car and no actual physical touching of the person...

[Dad2]

Did the children see it?
If yes, then there was damage. I suggest going to a parenting class asap before this gets worse.

[525601minutes]

No - from what I understand my nieces were in the back of the house and saw and heard nothing.
Parenting classes though certainly could not hurt any situation - could they be court ordered for both parents or just mom?

[aaron]

Why would the judge order parenting classes for dad?

Mom could benefit from a lawyer, and probably from seeing a counselor.

[525601minutes]

Why would the judge order parenting classes for dad?

Mom could benefit from a lawyer, and probably from seeing a counselor.

The court appointed mediator advised dad to spend time alone with his children and not to subject them to being with his girl-friend until more time has passed... so I think that dad could use a little fine tuning of his parenting skills. But then again - he did not break any court orders...

Mom and kids are seeing a therapist - so hopefully that will help!
Sad situation that should have been avoided

[Dad2]

Why would the judge order parenting classes for dad?

Because, in some states, (like mine) you need to take 1 before the judge signs the divorce papers. (both parents)

[CourtClerk]

In CA, both parties are technically required to take a class, however, (on the same technicality) only one person really HAS to for the case to move forward.