My ex claims this “girl” is just a friend but yet he just took our children to her family’s house Christmas Day & spent it there with them. Our divorce was final October 10 of this year. Our agreement says no significant others until both parties agree in writing. He’s got a loophole by claiming just friend. Is that a valid claim?
You have asked similar questions before. I have answered the question you asked before.
You should sit down with a divorce lawyer, and get some help with this.
He is doing the same bad behavior again.
Please mark this answer as "Helpful" or "Best Answer" if my advice helped you. AND NOW THE DISCLAIMER: Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. The exact facts of your situation may give you a very different result.
If you believe that your ex is in violation of the agreement then an enforcement application may be appropriate. In order to prove that he is violating the agreement and not considering the children's best interest, you may want to hire a private investigator. Of course you would have to catch your ex with this person and your children in order to prove the violation. You should check to see if there is a mediation requirement in your agreement before litigating. Best of luck.
This answer does not constitute the establishment of an attorney/client relationship nor is there any guarantee that this advice will be completely effective in a court of law. A consultation, including review of court orders and other documents is necessary in order for me to give you proper advice and guidance.
It seems like you have an enforcement claim.
Your burden of proof is by a Preponderance of evidence or 51% to prove she is more than a friend.
Please mark this answer as "Helpful" or "Best Answer" if my advice helped you. I hope you understand that the information I presented to you is based on the limited facts presented and is based on New Jersey law. Also, this information does not contain any confidential information and does not create any attorney/client relationship
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