What happens if a spouse is in violation of a court ordered divorce requirement?
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What happens if a spouse is in violation of a court ordered divorce requirement?
According to my boyfriend’s divorce paper’s, he and his ex are to report any change in address. He reported when he moved in with me however he has no idea of his ex-wife’s address. According to the papers he is to have access to his children’s medical, school, and day-care records, which he cannot access because he is unsure were to find this information. He knows what town and what state the children are located but that is all. It states in his divorce papers he is to have supervised visitations, which has never been established. He just wants to see his children. What can he do about this?
Asked on September 4, 2011 under Family Law, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Is your boyfriend in the same state as his ex and his kids? I ask this because he has to bring an action to enforce the divorce agreement and the order of the court. But matters affecting children must be brought in the state in which the children reside. Otherwise a court can not make a determination as to matters involving the kids. His divorce agreement is a contract and his ex is in violation (breach) of the agreement. I am sure that the agreement was also incorporated in some way in to the court's order. And a violation of the court order is known as contempt. He should speak with an attorney who can read his paperwork and advise him how to proceed. Good luck.
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