Trouble gaining phone access to my kids

Q&A By John T. Syrtash, Associate,
Garfin Zeidenberg LLP, a Toronto family law lawyer for the past 38  years

Question: How do I gain phone access to my children? Can a Family lawyer help me with phone access? I have a court order that allows me to call my eight ear-old son at 7 p.m. every other evening. Every time I call, his mother picks up the phone and says something like: “Oh, it’s the stupid bastard.” She then either hangs up or if she lets me talk to Joey for a minute or two, the mother always monitors our talk and hangs up before we can finish. I always pay for our support on time. I’m not a “deadbeat dad.” What do I do?    

Answer: Plug your phone into an App you can find on the internet or on an App Store. Or go to any store that sells the kind of device that allows you to bug your own phone, like the Source. So long as you are taping your personal phone conversations, it is perfectly legal, and you don’t have to tell the person on the other end of the line.  Then after a few choice recordings of her rudeness are taped, have your lawyer send a copy of the recording and a transcript prepared by a private Court Reporter. Her lawyer should remind the mother that unless she follows the Court’s access Order, she could be found in contempt of court and will have to pay the court costs for interfering in your rights of access. Before each call, identify the time and date of each conversation. It’s incredible how quickly your discussions with your son will magically improve. 

John Syrtash is an associate and family law lawyer with the Toronto firm of GARFIN ZEIDENBERG LLP.

Neither GARFIN ZEIDENBERG LLP nor John Syrtash is liable for any consequences arising from anyone’s reliance on this material, presented as general information and not as a legal opinion.

John T. Syrtash,
Yonge-Norton Centre
5255 Yonge Street, Suite 800
Toronto, Ontario, Canada M2N 6P4
Cell:  (416) 886-0359
Fax: (416) 512-9992

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