If she is in violation of the court order you can move to hold her in contempt. The punishment would be within the discretion of the judge. You should seek an opinion from an attorney in your county regarding possible punishments for this conduct.
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Are you sure about what the court order says because it normally say no one can have overnight visits withe the opposite sex while they have the kids in their custody.
I am curious about this also. Typically, if there is a typical, what is the punishment for “contempt”. I know you said it depends on the judge; but what really is a punishment by law for contempt. Also; if there is the overnight with third party w/children in home, how do you prove this other than by the children telling you? Is that exceptable enough? This would be in Wake County
Baba - I am not sure on the punishment for contempt, I think that depends on the offense.
In order to prove that there has been an overnight guest while the children are there you would need a recorded confession that this has happened. You can record phone conversations as long as one party is aware that it’s being recorded. You could also use photos of a vehicle parked at the home overnight or eyewitness statements I believe. I’m not certain if the children could testify to this since they are not normally allowed in court for these proceedings.
I am not sure if digital photography is admissable in court, it didn’t used to be…disposable camera may be used though.
My husband’s ex had her boyfriend staying with her and though we all knew it and it made us angry because we were doing the right thing and thinking about the kids feelings first, the times that it was questioned, it was always explained. First it was that he stayed late and came back over early, the next was that he had moved in with the neighbor who did not have room for his vehicle so he parked it there…it just wasn’t worth it to take this to court. Right after the divorce was final he moved in. They have broken up several times and put the kids through hell but they are still living together.
Sadly, the bottom line is this; in “most” cases, with the claus in the agreement, there is usually one parent breaking it and one parent that wants to protect the children and you must decide for yourself if it’s worth pursuing in court…
My wifes exhusband lives with his boyfriend and he stays the night when the children are in his care, as well as when they go out of town. In her court order it states that you can’t have anyone that you are involved with stay spending the knight when the children our in your care. Is this something that is worth presuing or would they just slap his wrist and tell him not to do it again?