Trevor wrote:C&D letters are sometimes called "angry lawyer letters" and they can be effective as a first salvo in situations like this. And no, when a judge makes a statement it's called an Order or a Judgment, not a C&D letter, though a judge might order her to stop her behavior. But what judges do are the result of legal action by you, a petition or motion before the court to stop this rubbish; and your C&D letter (R3) is a first step in documenting your claim as a foundation for further necessary action.
Nobody with ANY sense thinks that coaching a minor child that their last name is different from their father's, unless the father is dead and/or the child is adopted legally, is healthy for the kid. If your X has a lawyer and you send this letter, my guess is the lawyer calls your X and says "I dunno if this is happening, but you'd better not be doing stupid <poo> like this." It really is a defenseless act of bullying toward your child.
Tell us more about your emails with this chump...are they one conversation or three separate attempts by you to stop his behavior? Have you written emails to your X and received responses too? What kinds of things were in the answers? Did they deny it or give you a hard time for thinking this was a problem? How long have you been complaining about this damaging behavior?
Don't expect the court to do more than wag its finger at them. You probably won't get additional parenting time as a consequence of her behavior if you file a motion for contempt (since most boilerplate divorce decrees have some language about never talking bad about the other parent), until it repeats itself after the judge hears about it again. You may also try to find a few other things you want to clean up in your decree while you are at it, to make it more cost effective for you.
The kids calling him daddy, and the NJ telling them their last name is different all started about a year ago. On top of it they have told the kids that one of my friends (who iused to be the NJ's BFF until she complained about how they were treating the kids) is a bad person, and is trying to take them away. I started complaining about all this last Summer. Then I sent a long note around end of 2011 about it...they don't reply....but the behavior continues. Then a month or so ago, I called the stepdad out on the kids calling him "Daddy" and he basically told me I was overracting, hung up on the past, and that I was insecure. He told me that the kids are ok with it, and that I'm the one with the problem.
So how do I go about doing the C&D letter?