Medford, OK asked in Family Law, Divorce and Child Custody for Oklahoma

Q: In custody agreement plan, "any other mutually agreed upon time" is violated, is this action enforceable by police.

Rewording question for vagueness. In regards to custody exchange agreement the phrase "any other times mutually decided and agreed upon" I am aware that this does not mandate additional time. Ex spouse reason for not allowing additional time is both parties agree to additional time and one party rescinds on that agreement the police cannot enforce that action. However, in our custody agreement there is a provision allowing law enforcement personnel authorization to enforce the provisions of this order which would include the "any other times agreed upon option." Side note. Ex was going to be late on normal exchange which would of prevented plans in place so I asked for an additional 20 minutes before normal exchange to pick up as opposed to her being late and canceling plans. Seems like a reasonable request.

1 Lawyer Answer
Charles Watts
Charles Watts
  • Divorce Lawyer
  • Licensed in Oklahoma

A: Again the answer is the same. The officer does not have anything to enforce because the mutual agreement is an above and beyond clause. The officer can address any definite order from the court - such as a specific holiday or where one person is supposed to meet at a specific time ((that is in the actual decree/custody plan)) - the above and beyond clause is by ‘mutual consent’ - therefore if one party is NOT agreeing then it would not be consensual and therefore nothing to enforce. Likewise it may started consensual and one changed their mind then it is now no longer consensual.

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