Legal Question in Family Law in Arizona

my husband and his ex made an agreement on transportation to and from her visitation that is different from the judgment. She has not been keeping her end of it. We have some documentation regarding this broken agreement from her. We are wanting to terminate this agreement. Is he within his rights to terminate said agreement. We have been awarded Primary custody of his 2 minor children in June 2010. Just want to make sure we are on the legal side in doing this.


Asked on 9/14/10, 5:34 pm

2 Answers from Attorneys

Joan Bundy Joan Bundy Law

Of course. But first you must go to court. Initially I would file a motion to either enforce and/or modify the child custody/visitation agreement. Then explain to the court in writing and at the first hearing that the other parent has not been complying with the court order and what your proof is. Then, ask for sanctions. After you accomplish that, you are free to work out some kind of revision in Conciliation Court (like mediation) or in regular court if the two parents can't agree.

Good luck!

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Answered on 9/19/10, 7:00 pm
Debra Palomino PALOMINO LAW FIRM, P.C.

Since the ex is not complying with the new agreement, then your husband needs to send written notice that since she is failing to keep up her end of the transportation agreement, then the court's order re transportation will apply until either of them files for a modification or comes to an agreement.

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Answered on 9/20/10, 10:02 am


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