My spouse is insiting that the following be put into the Consent Order for Child Custody…
“Neither party shall have a member of the opposite sex to whom they are not related by blood or marriage spend the night overnight with that parent while the children are in that parent’s custody and care.”
My question is this. I will be relocating out of state and find this to “incompatable” when my kids come to visit, especially at Christmas time? Can my spouse inforce this through the courts? They are insisting on this and say they WILL take me to court to have this inforced.
If you agree to such a provision it can be enforced. Your ex can file a motion with the court for contempt (wilful violation of a court order). My advice is that you not agree to such a provision if you know you will not be able to comply.
If I refuse to sign this Order, my spouse say they WILL take me to court over this. Will they win in court to get this enforced? (i.e., Am I just putting off the inevitable?)
What would be the grounds for allowing this to happen? Why would a judge allow this if neighter party is going to be in the same state? He wouldn’t know what she is doing, as well as she wouldn’t know what he is doing. Unless one of them starts to bring the child/children in the middle.
If a judge finds that the best interests of the children would be furthered by imposing such a provision, it can be done, however as I said more and more judges are moving away from this type of restriction.