Good morning, we have a court order for custody that states neither party is allowed to have romantic overnight guests while in possession of the children. The other party has violated this on numerous occasions and it has been confirmed by one of the kids. I have a text message from my child saying that the girlfriend of my ex spent the night. What should I do now? I’m not looking to keep the kids away from their mom, I’m just tired of hearing about how the girlfriend stays around when they have an entire week without the kids to play house. There was a reason the judge included it in the order in the first place.
If the other parent has violated a provision in the court order, then your option is to file a contempt motion (a motion and order to appear and show cause) against the other party.
You must prove that the other party willfully violated the court order. And unless you have personal knowledge of the violation, your evidence would have to come from your children and their testimony.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
My follow up questions are: supposing I am able to file a contempt motion, what would happen? Would the custody order change? Would the other party receive any sort of penalty or just some type of warning? As far as the children testifying, would I have to find a child advocate attorney? It’s definitely their word that proves the other party guilty, but I don’t feel comfortable with having children testify.
After you filed a contempt motion (a motion for order to appear and show cause), there would be a contempt hearing. If the judge found the other party was in willful violation, the judge could give a warning, impose a fine, give jail time, etc. The custody order itself would not be changed unless you also filed a motion to modify child custody and you were able to prove a substantial change in circumstances affecting the wellbeing of the minor children.
A child advocate would not be able to present evidence on behalf of the children based on what the children heard or saw. It would be hearsay otherwise. A child advocate attorney is typically used in ongoing custody disputes to represent the children’s wishes as to custody and visitation.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
Do you think a text message from my child about her mom’s lover spending the night would be sufficient evidence?
No, because unless your child is there to testify, this is hearsay and would be excluded by the rules of evidence.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 filed a motion to show cause against my ex because she violated the court order. It says we are not to have romantic overnight guests while in possession of the children. My ex hired an attorney who filed to dismiss the motion because I didn’t provide specific dates of the violation.I was not aware of the need to list specific dates of the violation in the filing. I don’t have an attorney but I hired a private investigator who is willing to appear as my witness and I have evidence in the form of pictures, reports from the P.I. as well as a text message from my daughter. The evidence obviously has dates and times. Should I re-file or just wait until the day in court to bring my witness and the evidence? Should I be concerned by not having given a specific date of the violation?
It is likely fine to wait to present all of your evidence at trial, but it would not hurt to file an amended motion giving the specific dates to the events alleged in your original motion.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.