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  1. #1
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    Default child custody help

    Not sure if i have put this in the right spot but here goes:

    My BIL has 2 boys, i think the youngest is 8, from his first marrage his ex does not like my sister so she stopped him seeing his boys in the divorce agreement he should have the boys every second weekend and 1 night a week.

    She has told the boys their father is dead and god only knows what else.

    Is there anyone that can help out here? BIL want to try and stay out of court because he has a crim record from a long time ago and he is scared she will use that agents him, is the divorce agreement a binding legal agreement?

    Thanks in advance
    Last edited by mummanna; 02-04-2012 at 08:41.

  2. #2
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    I'm not sure if a divorce agreement is a legal binding as a custody agreement but I would think that it should hold creed in court.
    As for his criminal record - I'm not sure what he did but my dd1 biological dad has a criminal record as long as he's arm and every couple of years when he claims to be reformed he seeks to get visitation rights of our child. When I tried to bring up the criminal record all I get told is that's in the past and the court looks at current merits - not the past. My advice is speak to legal aid and get some interim orders drawn up seeking he get custody every 2nd weekend as agreed. Good luck to your BIL!

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    Tell him to check the paperwork from court. My sister's says that if either party does not keep with the visitation set by the courts they can be fined or jailed. If it says that then maybe have your brother contact the police.

  4. #4
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    thanks i will let him know

  5. #5
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    When a decision is made (determination, arbitration, divorce agreement etc) - I believe the only way to enforce it is back through the courts.

    I deal with a very different area of the law, but some principles are the same. Say X and Y are in dispute over money, they find that X owes Y $1000. If he doesn't pay up by his own free will Y actually has to go back to court to get the judgement enforced. After this is where the fining and other consequences could come in for non compliance, and you can be arrested by the police for non appearance etc.

  6. #6
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    Just an update, my sister BIL, the ex and her new DP had a sit down today and is seems like all went well, he will be seeing his kids for 1/2 to start with after Easter and they will go from there.

    Thanks for everyone's input


 

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