My wife moved and relocated out of state 7 mos ago. Our separation agreement gave her primary physical custody of our daughter and left me with primary physical custody of our son. Our agreement also states that she can move back into our guest residence without notice. However, I now have primary physical custody of both children. Does this violate the terms of the agreement? She is threatening to come back with her boyfriend. Also, as part of the agreement she was obligated to lift a restraining order she had placed against me when she was still in the state and she did not. She is now threatening to enforce that order and have me removed from the property. Do I have any legal recourse?
1 Answer from Attorneys
As to your first question, it's not clear if you are asking whether the change of custody de facto for your daughter violates the agreement, or her moving into the guest residence. I would have to review the language of the agreement to determine if the moving part is related to the custody part, or under what conditions she was permitted to return. As to the restraining order, unless there has been a recurrence of the conduct that led to the restraining order, such efforts on her part would be futile. These orders expire on their own, but if necessary you could file a contempt petition against her for violating the agreement with respect to seeking withdrawal of the order if there is enough time left before expiration to make this practical.