Sorry. . .forgot to add this:
“Romantic clause”: “no overnight guests of the opposite sex other than family while the children are in that parents care”. There is a time limit on this but for now he is in violation.
Thanks
The first offense on something like this is generally not treated that harshly, he may be fined and ordered not to continue. If he does it again, he might be facing time in jail for being in contempt.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
I had this same thing on my ex. Judge did nothing. Said the ex didn’t know the difference in spending the night at home and spending the night in a hotel. What I said was “stupid judge”…bought and paid for…that’s what I said…maybe not “stupid” after all…and several thousand dollars richer…
I always wonder about that as well. I also wonder what happens when one files for contempt (or breach depending) and BOTH parties have breached the contract?
There is not normally anything done about this. The judge reprimanded my husband’s ex for taking her boyfriend on a vacation with her and the children, they had the same clause in their agreement. It all boils down to this, you have to have proof that it’s happening, you have to have the money to file and bring it before the judge and you have to know that the other party does not have proof that you have done the same thing.
After the year separation is over it’s not normally an issue and by that point, the children are used to the parent being with another person…
Helena:
When presenting proof of contempt of the “romantic clause”; . . .will the courts except the evidence from “us” (video tape, pictures,)or does the P.I.'s evidence carry more weight? I am aware of what is necessary for the proof.
Thanks for all your assistance!
Not Helena, but I had proof and an admittance by the ex. Like I said, ex made the plea that he didn’t understand it applied to a hotel room. Judge poohed-poohed it. No fine. No reprimand. No nothing. So, unless you have money to burn, it ain’t gonna make one bit of difference. And it’s written in my Order. No overnight guest of the opposite sex unless “we” are married to the person! Didn’t specify WHERE this applied! A roof is a roof is a roof. But not in my county! I think I’m going to pitch a tent in my backyard and “entertain”. Your Honor! It was a canvas! The ole “insanity” plea! Good luck!
Baba,
A videotape has the same impact whether you took it or a PI took it.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Does anyone have any first hand experience or Helena what would be the possible ruling by a judge if you have found someone in contempt of your court order. This is for a romantic clause that was placed and the X is in violation. I have been told that “it’s up to the judge”; however, what does that mean. . .fine (how much typically) jail time? Is it worth going to court over (financially)? this was put in the papers for a reason and X is totally disregarding what he agreed to.
Thanks