After how many days would it be deemed necessary from the court’s perspective to call the sheriff for a welfare check on my children since I’ve been cut off from contacting them by my ex?

I only see my kids every other weekend, and my ex purposely forwards my calls and nevers answers the phone. Our order does say phone contact but it isn’t specific on time on this last order when it was on the previous. He now has blocked my number in our daughters’ phones and blocked me on their instagram as well; they are 11 and 9. I pretty sure that they are OK because I had a friend instagram a message and she told them that I was blocked and wanted to make sure they were alright. As far as I know the stepmother controls it.

Asked on July 15, 2015 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The theory behind the welfare doctrine does not limit the call based upon the number of days one has not heard from another but rather the fear that the other party is in some type of danger or distress.  "Pretty sure" is not sure and if you fear something is wrong then call.  You can not be blocked from their phones if the order allows you contact.  Discuss parental alienation with your attorney and get a new order.  Good luck.


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