Our seperation agreement prohibits either of us having overnight guests of the opposite sex unless they are a family member or our (new) married spouse. But what happens when one has begun dating and brings the new “friend” along on an out of town vacation ? If the kids stay in a seperate room from the adults it would still seem to me to violate the spirit and intent of the agreement even though it only specifically addresses what happens in our own homes. I think this is in poor taste and extremely bad judgmenet. What if anything can be done about this ? Does the agreement have to be modified and even so how does one enforce it ? What happens when they breach the agreement ?
The only enforcement option for breach of a custody provision in a separation agreement is to file a new child custody claim. The court will then hear the matter and enter a new custody order with provisions that it thinks is in the best interests of the children.
But the question is whether having overnight guests somewhere other than your own house technically considered a breach? Or would the agreement have to be more specifc to cover other situations such as out of town trips? Or is it enough to argue this violates the spirit and intent of the agreement, if not actually violating it to the letter?
Yes, it sounds like a breach regardless of whether the other party admits that the third party is a romantic interest or only refers to that person as a friend.