PA completely nullified by Court Order?


#1

If an issue is not addressed in a Child Custody Order, but it was addressed in a previous Parenting Agreement, does the Order nullify the issue?

For example, in the Parenting Agreement, it was agreed that no overnight guests of the opposite sex not related by marriage will be allowed to sleep over while children are in the parents care. For whatever reason, the agreement did not work and the parties had to go before a judge to get a Court Order. Court Order does not address overnight guests.

Is the ‘no overnight guests of the opposite sex, not related by marriage’ still valid, or is it gone since the Permanent Order for Custody/Support does not mention it?


#2

If the Order doesn’t prohibit overnight guests, then having them will not violate it. However, other issues that were not specifically addressed by the Order that had been previously agreed to in a PA will still be valid. So, in this case it sounds like you would be violating the agreement but not the order.


#3

Thank you for your response. Just so I am clear on this… if one party were found in contempt for violating the Parenting Agreement for having overnight guests BEFORE the current court order, they should still follow the PA AFTER the current court order were put in place, even though it did not address overnight guests? Contempt can still be filed on violations of the PA?

Sorry, but I want to be clear before attempting to file anything.


#4

Did you have a PA and then someone filed to modify it, resulting in the Order? If that is the case, then the Order rules. If it’s second in time, then you need to follow that. So, if the Order is silent on the overnight issue then you cannot file any contempt on that. I think I misunderstood your situation and I’m sorry for the confusion.