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It is stated in our agreement that our daughter not to

It is stated in...

It is stated in our agreement that our daughter not to around any romantic partners and a Mathew sheets till divorce is final. I’m waiting on the paper work to be signed and wondering should I let her have our child on her days even tho she is taking our daughter around this guy and living there even tho it is clearly stated in the divorce that she shouldn’t have our daughter around him at all. I don’t know what to do because i know she will take our daughter back over there and that is a contempt so should I give her back knowing she is breaking our agreement?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Indiana

Lawyer's Assistant: Has anything been filed or reported?

Yes but waiting for ordered to be signed

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That I’m just waiting for the order to be signed but don’t know if I should give our daughter back just for he to be around this guy that it is court ordered not to be around

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Answered in 1 minute by:
1/19/2018
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,549
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is this agreement in writing? And if so, what is the name of the agreement - the Marital Settlement Agreement(MSA)? Or, something else?

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Customer reply replied 4 months ago
STATE OF INDIANA​IN THE MONTGOMERY SUPERIOR COURT 2
​ SS:
MONTGOMERY COUNTY​​THE 2017 TERM
In re the Marriage of
TRON LAUY and​CAUSE NO.:​54D02-1712-DC-000951
SKYE LAUY
AGREED PROVISIONAL ORDER
This matter coming before the Court on January 2, 2018 for hearing on Petitioner Tron Lauy’s Motion for Provisional Orders; Petitioner appearing in person and by counsel, Jon P. McCarty; Respondent Skye Lauy appearing in person; and the parties having reciting in open court their agreement as to provisional matters; the Court does now find and IT IS HEREBY ORDERED:
1.​That petitioner shall have the legal custody of the parties’ minor child, Bentley Lauy born July 29, 2013, with the parties to share physical possession of the child. Petitioner works a four-on/four-off schedule and respondent shall have the child as follows: commencing at 6:00 p.m. the first day of petitioner’s four-on schedule and ending at 3:00 p.m. the last day of petitioner’s four-on schedule those weeks petitioner works the third shift; and commencing at 6:00 p.m. the day before petitioner’s four-on schedule and ending at 7:00 p.m. on the last day of petitioner’s four-on schedule those weeks petitioner works the first shift.
2.​That in the event either party needs childcare, said care shall be provided by petitioner’s parents, Crystal Denim, Vicki Knutz or another person mutually agreeable to the parties. The party requiring child care shall be responsible for paying the provider of such care directly.
3.​That the parties shall not expose the child to a romantic interest of either party, and shall ensure that the child has no contact with Matthew Sheets.
4.​That each party shall have temporary possession of the vehicles and personal property in that party’s possession, except that respondent shall have possession of the 1999 Honda passport vehicle; 1995 Range Rover vehicle; respondent’s personal belongings; television in child’s bedroom; nesting hens; laptop computer; and purple computer tablet. Respondent shall retrieve said items from petitioner on January 7, 2018 at 3:00 p.m. if respondent is not working or, in the event respondent is required to work, another mutually agreeable time.
5.​That the parties shall file jointly their 2016 State and Federal tax returns, and shall share equally any refund or deficiency owed.
6.​That all other issues, including but not limited to child support, shall be reserved for final hearing.
​SO ORDERED this ____ day of January, 2018.
​​
​The Honorable Peggy Q. Lohorn

Thank you. What someone in your situation may wish to do is to file a Motion for Contempt. A Motion for Contempt is essentially the device you use to make sure the other party follows the temporary or permanent orders set out by the Judge. Once the motion is filed, a hearing date is set, and the other side is served and has to appear. If the Court finds the other party in contempt, she may be admonished, fined, and or imprisoned.

HERE is the form for contempt in Indiana.

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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,549
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Customer reply replied 4 months ago
Do I need to wait till the provisional hearing order is signed b for filing for the contempt ordered?

Apologies for the wait.

Yes. I assume both parties have already signed it? If so, then one's attorney can try to move up the Judge's review and signing of the order, if possible.

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