How Can I Interpret the Meaning of a Court Order?
Full Question:
Child Custody/Visitation matter: It was temporarily ordered that my son have no contact whatsoever with my boyfriend, and further that i reside with a friend when my son is with me until next hearing. My Xhusband was temporarily ordered resident custody. Both my son and i resided with my boyfriend prior to this matter, for a year. It is my boyfriends home and i live at my home when my son is not with me while ordered to live at a friends when my son is with me. All of our belongings are at our home. If my boyfriend is NOT at the home, and i want to take my son there to play with his toys, see his dog, etc am i infracting on this order? or is it ok as long as boyfriend is not anywhere near our home or in contact with my son.
06/30/2011 |
Category: Divorce ยป Visitation |
State: New York |
#25115
Answer:
The answer will depend on the wording of the order. It appears as if the intent of the order was to avoid contact between the child and your boyfriend. Bringing him over to the boyfriend's house is risky, and you would be put in the position of having to produce evidence of the boyfriend's absence, assuming that his absence was sufficient to avoid a violation of the order. We suggest you seek clarification from the court if it is unclear whether it prevents the child from visiting the boyfriend's home while he's away. If you act on your own and are determined to be in violation of the order, the judge will not look favorably on you and it can hurt your case.
