I have not had a response to this yet and was afraid it was going to drop too far to the bottom, so I am replying and hoping someone can answer.
You’d need proof, not your testimony, nor your child’s, but separate proof…and there’s no guarantee that it will be enforced or that he’ll receive anything other than a slap on the wrist.
My question isn’t about proving he is leaving our children with someone else. I want to know if what we agreed to in our separation agreement still stands after the divorce is finalized and if so, could a judge change the terms.
This is only one of the agreements in our separation agreement.
As I said, there’s no guarantee that that clause will be enforced, or if it is enforced what the punishment will be.
A separation agreement is in essence a private contract between the STBXs. Courts are reluctant to interfere. I have seen case laws where a separation agreement gets tossed out of court either because the financial terms are such that the one party cannot pay, and I’ve seen agreements get tossed because of clauses that are unenforceable. A smart attorney will write a severance clause into any such agreement so that if one part of the agreement gets challenged or tossed out, the rest of the contract will stand. So, yes, a judge could change the terms depending upon what specifically is brought to his attention, however, on the whole, they are reluctant to get involved.
Unless there was a court order that was entered and said that the Separation Agreement was no longer valid, you are both obligated to follow the Separation Agreement. If you went to court over the issue of custody, the judge has the discretion to enter any order they believe is in the best interests of the children.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
I was reading a post and understood you to say that a separation agreement can not be amended without both parties agreeing.
I am divorced. My separation agreement stated my ex could not leave the children in the care of anyone while visiting with him without my prior consent.
My divorce decree does not address this issue. Does this clause in my separation agreement still stand? Could a judge ever change this?