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Court Enforcement

Parents, Lawyers and Courts are welcome to utilize of our service however they like to best fit the circumstances of each case or relationship.

Child Custody Actions

Parents may simply agree to use TalkingParents.com, or a court may order parents to communicate through TalkingParents.com. This may be done upon the motion of one party or upon the court’s own motion. Such an order could include any of the following provisions:

  • Both parties must communicate exclusively through TalkingParents.com for all non-emergency matters regarding their child(ren) and their shared-parenting responsibilities in a particular case.
  • Except in an emergency, the discussion of any issue regarding the child(ren) outside of TalkingParents.com is contemptible.
  • Any agreements reached outside of TalkingParents.com are void unless immediate verification is made through TalkingParents.com.

Agreements between parents to use TalkingParents.com may be filed separately as a Joint Stipulation or incorporated into any other agreement between the parties, such as a marital settlement or paternity agreement. Agreements may then be ratified or incorporated by an order of the court.

Domestic Violence

Our service has traditionally been a tool for use in divorce, paternity, and other child custody related actions but it can be an invaluable resource any time domestic violence involves parents.

TalkingParents.com is a great way to monitor communications between parents when one parent is accused or convicted of an act of domestic violence. Mandatory use of our service can be ordered pursuant to:

  • A protective order, injunction, or restraining order resulting from domestic violence between parents.
  • A bond or pre-trial release condition in criminal cases.
  • A condition of probation.
  • Any other situation or case involving domestic violence between parents.

Records

Parents can obtain a certified and complete record of communications in PDF format anytime for $3.99. They can also upgrade to a Premium account which includes unlimited access to PDF records for $4.99 per month with a free 30-day trial. Parents can email electronic copies of their record directly from our site. Parents can also order a printed, securely-bound, and personally-certified record from us for $19 plus 19 cents per page. That price includes shipping via priority mail.
 

We provide free electronic records to victims of domestic violence who need their record for an official purpose.

All records contain the following certification:

  • This document is a record of regularly conducted business activity compiled, stored, and made available by TalkingParents.com. TalkingParents.com keeps this record in the course of regularly conducted business activity and it is the regular practice of TalkingParents.com to do so. Maintaining such records is indeed the primary function of TalkingParents.com.
  • This record was made at the time of the occurrence of the matters set forth by it. In other words, this record is automatically compiled in real time as users access and use TalkingParents.com.
  • This record was kept, and continues to be kept, in the course of the regularly-conducted business activity of TalkingParents.com.
  • This record was made as a regular practice by TalkingParents.com in the course of the aforementioned regularly-conducted activity.

Click here to view an example record

Example Orders

There is no right or wrong way for a court to use TalkingParents.com. The language below is purely for example purposes. You are welcome to use it verbatim or copy and paste, but feel free to create your own unique orders to suit your specific needs.

Mandatory and exclusive use of TalkingParents.com may be necessary for cases involving parents who keep coming back to court because they simply cannot communicate effectively. Such use could be incorporated into just about any order of the court regarding a divorce, paternity, or other child-custody related action. For example:

The Court, finding that both parties have adequate access to the internet for said purposes, orders the following:
 
Due to ineffective, vitriolic, or otherwise poor communication between the parties, the Court orders both parties to go to
www.TalkingParents.com and create an account within ___ days of this order.
 
Communication between the parties will be limited to matters regarding their child(ren) and will be made only through the TalkingParents.com service. Any communication or attempted communication by either party, or by a third party at either party’s request, outside of TalkingParents.com will be contemptible and may result in sanctions including but not limited to incarceration.
 
The only exception to this condition would be in the event of a medical emergency regarding the child(ren) in which case either party may contact the other via other means to notify them of such an emergency. Any agreements reached regarding the child(ren) as a result of such emergency-related communication must be clarified, verified, and documented through TalkingParents.com in a timely manner.
 
If the parties are already using the TalkingParents.com service then they will continue to do so pursuant to the terms above.

The Court may also want to limit what evidence will be admissible in future proceedings. For example:

In all future court proceedings related to the shared-parenting agreement, the only admissible evidence regarding communication between the parties will be limited to the record maintained by TalkingParents.com.
 
The only situation where other evidence of communication between the parties will be admissible is when the evidence relates directly to a medical emergency and the communications regarding that emergency.

When parents get along well enough to discuss matters on their own, or even when parents get along great, it is still a good idea for them to keep a permanent log of all important decisions and disputes regarding their child(ren). TalkingParents.com can be utilized from the very beginning to hopefully keep parents from coming back to court as often and to make whatever litigation does occur a little more efficient. In these situations courts can simply recommend TalkingParents.com, or the Court can require parents to use it on a limited basis, for example:

The Court, finding that both parties have adequate access to the internet for said purposes, orders the following:
 
In the interest of promoting effective and efficient communication between the parties, and in the interest of maintaining a good record of all decisions regarding the parties’ child(ren), the Court orders both parents to go to
www.TalkingParents.com and create an account within ___ days of this order.
 
While the Court places no restrictions on how, when, or where the parties may communicate with each other, the Court does require both parties to clarify, verify, and document all important decisions regarding their child(ren) through the TalkingParents.com service
.

To make such an order more meaningful, the Court may consider adding a provision such as this:

In the event of a disagreement between the parties related to a decision regarding their child(ren), the burden will be on the moving or petitioning party to show that the decision in question was documented through the TalkingParents.com service in a timely manner after it was discussed by the parties. If the matter was not documented through the TalkingParents.com service in a timely manner, then, absent exigent or extraordinary circumstances, the moving or petitioning party will be barred from making any claim or seeking any relief related to the undocumented issue.
 
For example: If Party A and Party B agree on their own that Child will learn to play the guitar and that the parties will split the cost of the instrument and lessons equally, then it will be incumbent on both parties to document said decision through TalkingParents.com.
 
If Party A then purchases the instrument and lessons, and provides notice to Party B for reimbursement for half of the expenses, but Party B refuses to pay and claims that they did not have an agreement, then Party A will only be able to seek relief in court if the details of the agreement were documented through TalkingParents.com in a timely manner after the agreement was reached, thus giving Party B an opportunity to clarify their position.
 
The purpose of this provision is to encourage effective communication between the parties and to avoid future litigation. A further purpose is to make any litigation that does occur more efficient.
 
If the parties are already using the TalkingParents.com service then they will continue to do so pursuant to the terms above.