No Contact Order in New York

[cmskch]

My question involves restraining orders in the State of: NEW YORK; I have a stipulation/order stating that the Father of my children will not permit the children to have any contact, in person or otherwise, with his former girlfriend and her family. The order was drawn up and signed after he and his girlfriend ended their relationship. The order was put in place because she was speaking negatively to my children about me and coercing them to alienate me from their lives. In addition, she was allowing minors in her home to drink alcohol and I didn't not want my children subjected to this atmosphere. Recently, the Father and his former girlfriend have resumed their relationship, but the order still stands. The Father has allowed her to have access to the children and now she is cohabitating with the father so when they children go there she is there. Again, she and the Father have allowed such partying to go on and even allowed my 15 year old to drink. My order says that in the event the Father permits communication, the Mother shall be permitted to file an application with a Court seeking among other things, a stay of the Father's visitation pending a hearing and determination of said matter. The question is what will the judge base his decision on? How can I protect myself and my children?

[aardvarc]

The judge will base the decision on whether or not they believe the order was violated. If they're living together, that shouldn't be too difficult to show. It isn't going to bode well for dad - judges hate nothing more than telling someone "don't do this", and then they turn around and flagrantly violate that order. Get filing!