QUESTION
Does violating the divorce documents nullify the action?
Asked on Sep 13th, 2012 on Divorce - Florida
More details to this question:
Wife wants to move kids away from school district. Husband does not. Agreement requires both parties to share in agreements regarding school. One party moves out of the area without consulting the other.
15 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You need to get the custody and visitation changed.
Answered on Sep 26th, 2012 at 11:36 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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The move is in violation of parental rights. He should file a motion with the judge to stop her from moving.
Answered on Sep 18th, 2012 at 5:58 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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File for a change of custody and contempt.
Answered on Sep 18th, 2012 at 5:58 PM
Michael Paul Vollandt
File a Request for Order requesting a modification of custody based on the violation of the order in your dissolution judgment or order. The sooner the better to file this request.
Answered on Sep 18th, 2012 at 5:57 PM
No, but violating court orders can be contempt. You should consult a family law attorney to review the documents and the facts and advise you how to proceed.
Answered on Sep 18th, 2012 at 5:57 PM
No. If she recently violated the provisions of the Divorxe Decree, yu may bring an Order To Show Cause action requesting sanction against her for sid violations.
Answered on Sep 18th, 2012 at 5:57 PM
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Talk to a lawyer. There are things that can be done, especially regarding the move.
Answered on Sep 18th, 2012 at 5:56 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Not necessarily. If the answer is not provided in the current court order, you need to get the judge to be the tie breaker. The judge can require the child to remain in the same school even though he could not prevent one party from moving to another district.
Answered on Sep 18th, 2012 at 5:56 PM
Leonard A. Kaanta
You file a motion to enforce the judgment.
Answered on Sep 18th, 2012 at 5:55 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No. File a motion for contempt, or perhaps a motion for enforcement.
Answered on Sep 18th, 2012 at 5:55 PM
It doesn't nullify the documents. It requires that the two of you return to court or mediation to figure out where the kids should go to school. Good luck.
Answered on Sep 18th, 2012 at 5:55 PM
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It does not void the agreement. She is in contempt of court for violating it. You need to file an action for contempt and ask the court to order that the child attend his former school.
Answered on Sep 18th, 2012 at 5:54 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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School should stay constant unless there is a discussion leading to an agreement or decision of the court. The residence of the ex-wife is not an issue, it is generally her choice. And the ramifications of that decision are her's as well.
Answered on Sep 18th, 2012 at 5:54 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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If your orders provide you have joint legal custody it requires both parents agree on all major issues such as what school the children attend. If your order provides provisions for handling a move away those provisions must be followed. If the other parent has disobeyed the orders you should seek contempt and possibly modification.
Answered on Sep 18th, 2012 at 5:54 PM
Not an unusual situation. You will need to go back to Court and ask the Judge to amend the agreement to whatever you would like to change. Violating the documents does not nullify the courts decree, it places the violator in contempt.
Answered on Sep 18th, 2012 at 5:53 PM