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Originally Posted by Tabby1
I'm just speaking philisophically here but "no overnight guests of the opposite sex" doesn't present any implications as to sleeping arrangements. This could be applied to having someone sleep over on the pull-out sofa or even letting Grandma stay overnight. Exactly how is your agreement worded?

Whether you fight this one or not is up to you. But there is something to be said in that he agreed to something and now is renegging on his agreement. Certainly it doesn't hurt to have a record of that in case he tries something else down the road. Whatever you do, don't drag your DS into it. If the judge says your ex can take him, help your DS pack everything he needs and wish him a great trip.

The wording is "Neither party shall have overnight guests of the opposite sex unless they are married or closely related while the minor child is present.'

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Originally Posted by SmilingWoman
Does your decree say no overnight guests of opposite sex while children are present?
That is a good question.
No it does not and I wish it did. We had shared custody (6 months with each parent) and XH ended up living with another woman, unmarried, with my children under the same roof.

I will say that over a decade later my children are thus far pretty picky about their dating behavior. As long as your child has one solid good example then they will do all right. The stark contrast between your life and demeanor as compared to XH's will not be lost on them as they grow up.

I also think you've done well to raise an objection (since it IS in your divorce decree). However you are not able to prove whether OW is going to be "present" overnight or not without going down there and stalking them, hiring a PI, or putting your DS on the stand as a witness against his own father.

It is my opinion (worth what you paid for it, and I do realize that) that to pursue this further would be a waste of money and energy. I do think you had an obligation to raise an objection to the vacation with OW in the first place.

If XH and OW rent two rooms or whatever, that will have to be good enough.

The thing is, the judge is going to believe their story of "But your honor, we had separate rooms!" and legally he can't do anything. He's bound by the law. You are stuck with having to hire a PI or stalk them or put your son on the stand regardless of whether or not you take this to court now. XH is just going to lie and the judge has no choice but to believe him.

AFTER the vacation.. well, that's another story.

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SW

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The wording is "Neither party shall have overnight guests of the opposite sex unless they are married or closely related while the minor child is present.'

And X is trying to see how far he can push that poorly worded legal requirement.

You fear the slippery slope. Don't blame you.

But, pick your battles. This may not be worth it. My gut feel only.

Larry

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Sorry for this episode SW. Special place in he11 for your XH.


Me:BW, FWH 1DD 1DS
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Originally Posted by imanotherone
Sorry for this episode SW. Special place in he11 for your XH.

I agree. He asked me a week ago (again) if the dates for vacation were acceptable. I replied back that I need to know where he was going, mode of travel and the internet link to the condo (where supposedly he would have separate rooms for ds and him). No response so far. Don't know what that means.

Just waiting. And trying to be calm.

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Oops, no, no. Read the agreement again. Overnight guests of the opposite sex are not allowed. Even if in separate rooms. This is intent. As I said, poorly worded. In another condo down the street or next door without an interior connecting door would probably pass the Judge smell test.

Larry

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