A separation agreement is only a contract between both parties that signed it. If one person fails to comply you have to take them to court in order to get a judgment in your favor. I ran into the same problems and the police will not get involved. If he wants his visitation and she is not granting it, he needs to take her to court and get a court ordered visitation agreement.
Dear AMJ,
I believe I have previously responded to this question.
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
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Charlotte, North Carolina 28262
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Chapel Hill, NC 27514
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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.
What is the criteria for getting law enforcement involved in visitation issues? My husband’s separation agreement (signed and notarized by both) was never filed with the courts. It does state that he will have visitaton with the children every other weekend. Do we have any grounds to get the police involved if she does not meet this…or do we need to file something with the courts first? Is it possible to have the current separation agreement filed even though it was signed 2 years ago?