Breech of Separation Agreement


#1

Good day, my husband and I are separated and the agreement clearly states that neither one of us is to have an overnight guest who is not family, while our daughter is in our custody, introduce her to any love interests until she is 14 or cohabitate until she is 16. My husband introduced her to his new girlfriend on Halloween and asked our daughter to not tell me. He also lives with his girlfriend in her house the week when my daughter is with me, so is not available as a backup most times to watch her, when I have a meeting or appointment. The agreement says we should give each other first option to have her, when the parent with custody for the week has another commitment. What is my recourse in this please? How do I go about enforcing the separation agreement and ensuring this does not happen again? Our daughter turns 13 early next year.

  1. Guests and Romantic Interests. Both parties acknowledge that they will not engage in inappropriate conduct while the minor child is in their custody. Neither party shall have an overnight guest(s) of the opposite sex not related by blood or marriage while having physical custody of the minor child nor will either party be the overnight guest of a person(s) of the opposite sex not related by blood or marriage while having physical custody of the minor child. Neither party shall introduce any personal guest of the opposite sex to whom they are not married or related by blood or marriage to child until she reaches the age of 14.  Neither party may have a roommate or tenant nor cohabitate with any individual until child turns 16. (The document has our daughter's full name in it)
    

Thank you.


#2

It sounds like your husband is in breach of the separation agreement, assuming you have a valid separation agreement.

You can file a breach of contract lawsuit against your husband, or you can threaten that you will do so. Sometimes threatening a lawsuit can solve the problem prior to actually filing the lawsuit.

Check out our detailed article Breach and Enforcement of Separation Agreements in NC for more information.


#3

Thank you Ms. Ayscue.