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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17529
Experience:  B.A.; M.B.A.; J.D.
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My wife and I are separated. We have a written agreement on

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My wife and I are separated. We have a written agreement on custody. Part of the agreement was that we would be respectful towards each other. She has violated this. Is this agreement still valid?
Submitted: 4 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 4 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

Is this agreement approved by the Court?
Customer: replied 4 years ago.
No. We emailed each other what we wanted. We got together and wrote out a schedule that we each have a copy of. I still live at the family residence. She moved out. She has a key and I have told her many times she can always come over and see our child at anytime without notice. However I feel uneasy now about letting her take him to her mothers. Do I have the right to insist he stays at his home?
Expert:  Phillips Esq. replied 4 years ago.
Thank you for the information:


Your Question: My wife and I are separated. We have a written agreement on custody. Part of the agreement was that we would be respectful towards each other. She has violated this. Is this agreement still valid?

Response: The agreement is still valid. The agreement does not become invalid just because she has violated one of the provisions. However, if she violated one of the provisions, there is nothing you can do about it since the agreement was not approved by the Court. When it comes to custody and visitation agreements, the Court must approve it before you can file contempt action against the breaching party.
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