Navigating Parental Contact Boundaries: Understanding Harassment Laws
So, is it harassment to keep trying to contact your kids if their mother is telling you not to?
Hi, I’m Tulsa Dads.Law attorney Clint Hastings. I practice here in Tulsa, Oklahoma. I focus on fathers’ rights, and I’ve been practicing for 25 years.
Key Considerations
The answer is—it depends, like so many things in family law. The key issue is why she’s telling you not to contact the kids. Do you have orders that allow you to contact them? And is your communication actually causing a reaction that qualifies as harassment under the law?
For example, if you have phone visitation orders and she’s not allowing you to use them, I would advise against repeatedly calling. Instead, file a motion to enforce your telephone visitation rights. The same goes for in-person visits. If she’s not allowing them, don’t just keep showing up—file a motion to enforce. By law, that hearing must be set within 21 days.
Seeking Legal Advice
Now, if she’s claiming abuse, fear, or inappropriate behavior on your part, then the burden is on her to file an emergency motion to suspend your visitation. There’s also something called a Notice of Suspension of Visitation, which lets the court know she claims to have a reason to withhold visits. But that doesn’t automatically make it valid.
If she’s simply angry and cutting you off for no valid reason, it could technically become harassment if you keep contacting and contacting to the point that it’s repetitive, overly aggressive, and causes her—or a reasonable person—substantial emotional distress. You may not think it’s harassment, but a judge could decide otherwise, and you don’t want to risk that.
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Another issue is if you’re calling your kids directly on their cell phones. Sometimes that may not be distressing to them, but if it is, she could even try to file a protective order on their behalf.
The bottom line: don’t take chances. Abide by her request, then address the issue properly in court by filing a motion to enforce. That way, you’re protected and not putting yourself at risk of a harassment claim.
Contact Tulsa protective order defense attorney with experience in these matters. We’d be glad to advise you and help you navigate this. Need Legal Advice? Call us at 918-962-0900.
