It is court ordered? Or is in your separation agreement? A lot of separation agreements have this clause, but sadly, it is not always followed. There is little that you can do about it other than to threaten to have him charged with adultery since legally you are still married. But this is really only a threat because while adultery is illegal in NC it is a misdemeanor and is rarely prosecuted.
You can suggest that since your son is reporting this to you you have no alternative but to let your attorney know that your son it being subjected to an adulterous sexual situation which you are trying to protect him from. This could help with a custody battle to a certain extent, but only with proof.
If there is a court order that prevents either of you from having overnight guests you will need to file a Motion to Show Cause and the court will make a ruling on whether or not your spouse has complied with this provision.
If there is a contract between the two of you and he is violating the contract, you will need to file an action for breach of contract.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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 but a full discussion with an attorney should be undertaken before taking any action.
It is court ordered in our seperation papers that neither of us are allowed to have unmarried overnight stays while in the presence of our 7 year old son. My husband has done this twice with 2 different women. My son has actually seen her in the bed. Is this not contempt of a court order and are there not any ramifications?