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
Answered
  • Divorce Lawyer
  • OKLAHOMA CITY, OK
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.