Know What Constitutes a Violation of the Custody Agreement. If you breach a court order or agreement (don't do what it says):. A party proposing relocation must … If you have a custody order from your state, you can insist that any custody issues be decided in your state's court. A family law agreement that's filed in either Provincial Court or Supreme Court can be enforced just like a court order. the person who wants you to follow the order … The first was sending Jeremy to Todd without having a custody order in place. That means you have to do what it says. Relocation is defined as changing residence of the child which significantly impairs the ability of the non relocating party to exercise custodial rights. Moreover, the burden of proving duress, by clear and convincing evidence, is on the person asserting it[iv]. The second was not immediately pushing for Todd's case to be handled in her state. Normally, a court will only change a custody agreement if one of the parents has made a serious violation of the custody agreement. One of the most fraught issues in a divorce is the custody of the children of the couple. my ex's custody papers state i get 2hrs supervised visitation the first saturday of every month. The family court in Wyoming uses several criteria to determine child custody laws. He allows me to take my son out of state to my mothers for the whole weekend. Postnuptial agreements are generally enforceable if the parties of the document adhere to all state laws regarding inheritance, child custody, visitation and monetary support if a divorce does occur. Coercion, fraud or duress must be proved by clear and convincing evidence[iii]. And while the written contract does indeed hold a tremendous degree of legal clout, it’s not always the end-all, be-all solution for every court case. However, a compromise agreement will not be set aside on the ground of duress if the person alleging it can get relief from the courts[ii]. to agreement of all parties with custody rights to the child or prior approval of court. If the agreement you had originally, was part of the divorce decree or a court order, it has not been voided unless either of you has gone to court and modified it by obtaining a new order. Since they are legally enforceable, violations of child custody and visitation orders are treated seriously and can lead to legal consequences. Property division is one of the primary concerns with a postnuptial agreement. Ideally, child custody and visitation agreements are finalized by the parents involved, and then approved by the court into a legally enforceable agreement. When considering a change, the court will consider the best interests of the child, just as it did when approving the original agreement. 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