Legal Question in Family Law in Virginia
I'm divorced over three years now. In my decree under section iii - exposure to other persons/overnight guests - it states (verbatim): Neither party shall permit an adult of the opposite sex to whom they are not related by blood or marriage to spend the night, whether in their home or elsewhere, while the boys are with them in the home or other location, unless that person is married and accompanied by their spouse. The children shall not be exposed to "John Doe" by either party.
Background, the "John Doe" is my boyfriend with whom my (then) husband alleges i was having an affair with during out marriage, and hence our divorce. There was no mention of infidelity during the proceedings but he alleges he has photos and proof.
If I violate this and have "John Doe" around my children (2 boys) what would happen to me? Fine? Jail? Loss of custody (currently joint, one week on-one week off)?
Is that clause "no exposure to "John Doe"" indefinitely or is there an expiration on such statements?
1 Answer from Attorneys
Your former husband could file what's called a Rule to Show Cause against
you (after reopening the divorce) as to why you should not be found
in contempt and appropriately sanctioned. However, it would be up
to the judge to determine based upon the evidence presented whether
you had in fact violated the court's order and therefore should be sanctioned.
No, there is no natural expiration "on such statements", as long as the
decree remains a valid decree.