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  1. #1
    Join Date
    Aug 2008
    Posts
    14

    Question Breaking the Court Order

    My question involves a child custody case from the State of: Virginia
    My daughter's father and I have a new court order that begun in Feb. of this year. There are some a few extra orders in the order (he is just gettin unsupervised visits for the first time in 2 years) One part of the order says he cannot smoke anywhere near our daughter, when his girlfriend and he drop her off he is not smoking in the car but she is. I have addressed this with him and he says it's her car I can't do anything about it. To which I obviously replied then drive your own vehicle to the pick up and drop offs. He said the order on ly says he can't smoke around her. Since that is truly the case is there anything i can actually say about it?
    The other is the GF is not allowed to be at the house between the hours of 9pm and 7am (the just recently bought a house together) but they also live in a gated community to which he has put my name and vehicle make and model with tag number on the do no allow to enter list. And from what I have been told by his mother who live down the stree from thenm is that she is there every over night visit our daughter has. Can I take him back to court for breaking the order?
    I have Sole custody of her and he has spceific visistation of EOW, which he just started exercising this month (yes even though it was from Feb he was suppsed to start)
    Also there are people in his family (his two sister-in-laws) that in the court order it says there ar eto have no contact with our daughter while she is in the care of her father, however when my daughter and I have been at the mall or at her soccer games both of these women show up and try to have contact with her right in front of me. Each time this has happened I have calmly but firmly told then that they need to stay clear of my daughter and me or I will file a restraining order, obviously this is not working and I hate doing this at her events or in public any suggestions.

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Breaking the Court Order

    Quote Quoting Momabear
    View Post
    My question involves a child custody case from the State of: Virginia
    My daughter's father and I have a new court order that begun in Feb. of this year. There are some a few extra orders in the order (he is just gettin unsupervised visits for the first time in 2 years) One part of the order says he cannot smoke anywhere near our daughter, when his girlfriend and he drop her off he is not smoking in the car but she is. I have addressed this with him and he says it's her car I can't do anything about it. To which I obviously replied then drive your own vehicle to the pick up and drop offs. He said the order on ly says he can't smoke around her. Since that is truly the case is there anything i can actually say about it?
    The other is the GF is not allowed to be at the house between the hours of 9pm and 7am (the just recently bought a house together) but they also live in a gated community to which he has put my name and vehicle make and model with tag number on the do no allow to enter list. And from what I have been told by his mother who live down the stree from thenm is that she is there every over night visit our daughter has. Can I take him back to court for breaking the order?
    I have Sole custody of her and he has spceific visistation of EOW, which he just started exercising this month (yes even though it was from Feb he was suppsed to start)
    Also there are people in his family (his two sister-in-laws) that in the court order it says there ar eto have no contact with our daughter while she is in the care of her father, however when my daughter and I have been at the mall or at her soccer games both of these women show up and try to have contact with her right in front of me. Each time this has happened I have calmly but firmly told then that they need to stay clear of my daughter and me or I will file a restraining order, obviously this is not working and I hate doing this at her events or in public any suggestions.
    Unfortunately, he's right, if the court order only specifies him not smoking, his GF can smoke around your child. That is something that should be added next time you are in court.

    Can you document and prove that the GF is there at night? IF you can, you can file for contempt, but your problem is you have to be able to prove your allegations to the court.

  3. #3
    Join Date
    Aug 2008
    Posts
    14

    Default Re: Breaking the Court Order

    Yes I took a picture of her smoking with my daughter in the back seat and she just grinned. SO I ahve that and we also went to the doctor day for a sinus infection that she has and he said so she is back at dad's huh? And he wrote another letter to the courts expressing his opinion that she should not be smoked around since she is followng in the footsteps of her older brother ( she has a 10yr half- brother that had to have surgery at the age of 4 ue to blocked airways , which was not a direct result but was affected by the father smoking around him) as for staying the night the only thing I have is his mother saying that she is staying the night. Since it is a gated community i can't get in to tell ne way or another. But I was told that he and the GF are going to Fla. in October to get married so I guess that is something I shouldn't worry about for now....... Thanks for you help the smoking thing is my biggest concern and will happpliy file the paperwork Thanks again!!

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