Prohibit contact with child


#1

My soon to be ex-husband and I are going through a very messy and bitter divorce. I separated with him this past August because of the way he treated me and our 14 month old daughter. I became close(er) friends with a once mutual male friend we had during our marriage and started dating him after our separation. I did NOT leave my husband for him, we just became really close after my separation.

My soon to be ex-husband decided in Oct of 2011 to sneak into the back yard of my friends house on a dark and rainy evening. I was over visiting my friend when we discovered him peering through his kitchen window trying to video tape us talking in the kitchen. My friend got very upset and started screaming at him to get off his property. My husband eventually left but not before smashing his whole hand through the back of my car window. He was arrested that evening for property damage and communicative threats. I also filed a DVPO that is still in place today.

My husband is willing to settle our divorce but put the terms in the consent order that prohibits our daughter to ever be around my good friend. I do not feel this is fair or right. This friend has been there for me from the beginning and has a very special bond with my 14 month old daughter. My friend also works with children in the summertime teaching Surf and Scuba camps and this would be devastating and damaging to him if a court case showed that he was prohibited from being around a child.

My friend does not have a criminal record besides being arrested for breaking a restraining order in 2004 while going through his own divorce. The charges were dropped by the DA. My question is, can my husband do this and get away with it? Should I fight this in court?

Also, my husband has brought a suit for AA/CC upon my friend.


#2

I am not an attorney, but from my understanding your STBX husband cannot prohibit contact unless A) you agree to it, or B) Your friend poses an immediate danger to your child. Otherwise it is unlikely a judge would ever impose such a specific restriction. There ARE restrictions that can be placed on “people” in general terms – such as no overnights with members of the opposite sex unless married and so forth, but not against a single individual, and such restrictions would apply to both of you.

As far as the AOA/CC, it doesn’t sound like your husband has much of a case and even if he did those suits are crazy expensive. Most are never seen to fruition or they are settled out of court. Even if someone wins, actually GETTING anything out of the paramour is another crap shoot. Waste of time and money in my opinion.


#3

A consent order could contain that provision. The decision a judge would make would depend on the evidence presented and arguments of counsel.