Overnight Visitors and Changes in Custody

My question involves a child custody case from the State of: Virginia.

My original custody agreement was in April of 2012 (my ex and I were still married if that makes a difference) and there was a stipulation written by mediator that there could not be an adult of the opposite sex spend the night.

In May of 2013 there was a new custody order written, it does *not* include this, it states that the order from April 2013 should remain except as modified, there is a place for alcohol use, and overnight visitors, the alcohol use was added, and the overnight visitor box is no longer checked.

I filed a petition to have my agreement ammended the beginning of this month (as divorce was finalized in Novemeber) to no longer have the "spend the night" stipulation and was sent it back from the local J&D as dismissed with it noted by the clerks office that this isnt a stipulation in the agreement.

Am I safe to assume this is correct, or is it still in place from the original order in April of 2012?

Without being able to see the form, I'm at a disadvantage. The clerk is apparently taking the position that by not having the "overnight visitor box" checked on the new order, that it supersedes the "no overnight visitor" provision of the earlier order.

Has your ex- expressed an opinion on the issue? Did she object to your motion before the court dismissed it? Did she object to the dismissal?

There is a protective order in place between my ex husband and myself. (he can't contact me until 2015)

He is adamantly against it because he wants to control my life still.

He has other children with other women and this is not an issue in any of their custody situations.