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  1. #1
    Join Date
    Dec 2010
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    3

    Default Visitation Agreement- Breach of Contract

    My ex is a drug addict and I had a visitation agreement done by an attorney which my ex broke a few weeks after the contract was signed.. The contract contains a breach of contract clause as well as a legal fee repayment in the event of a breach. Would this include my future legal bills to have another visitation agreement ordered, which is the same (and the third one) or just the costs of that one in particular? This is in NC. Would my expenses such as missed days off work etc. be covered too? Is this a family court issue or small claims?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Visitation Agreement- Breach of Contract

    A visitation agreement is not a court order. If this is a lawyer you retained to represent your interests, that could be offered by the other parent as a defense to anything within it including any penalties. Further, you haven't told us the nature of the alleged breach.

    If you want a binding visitation order, go to court and get an order.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Visitation Agreement- Breach of Contract

    Quote Quoting Mr. Knowitall
    View Post
    A visitation agreement is not a court order. If this is a lawyer you retained to represent your interests, that could be offered by the other parent as a defense to anything within it including any penalties. Further, you haven't told us the nature of the alleged breach.

    If you want a binding visitation order, go to court and get an order.
    I don't think we can assume that the attorney would not have submitted it to court for a judge's signature...thereby making it a court order. It would be unusual for an attorney not to do so.

    However I agree that we need to know the nature of the alledged breach.

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