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  1. #1
    Kevinsmom Guest

    Enforcement of decree

    What is the name of your state? Texas

    My ex husband and his new wife break the divorce decree and the childrens bill of rights on a regular basis. How do I document this when alot of it is he said she said type things and how do i get him to comply. Me and my husband almost live week to week while my ex and his wife come from well to do familys. What can we do if we dont have money for a lawyer.
    Thanks.
  2. #2
    stealth2 is offline Senior Member
    Join Date
    May 2002
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    44,205
    For starters, the Children's Bill of Rights, nice and touchy feely as it is, is bogus when it comes to legalities. It has no standing and you're not going to be able to enforce any of it. So you may as well just forget about it.

    Other documentation. Texas is a one party state, which means that you can tape conversations you have with your ex. Any emails can be useful in documenting issues. If comments are made at p/u or d/o - you can have a third party present and/or videotape it. Once you have enough to show a pattern, you can file contempt.

    In all honesty, you'd be best having legal representation. See where you can cut back and put away what you can while you build up your docs. Good luck.
  3. #3
    LoveOfAStep Guest
    What exactly does "break the divorce decree" mean? Is there CO visitation?
  4. #4
    FJ1200guy Guest

    Stealth

    I can ask this in a new post if you prefer, but since it was mentioned...
    What is a "one party state"? I've seen this mentioned before...
  5. #5
    stealth2 is offline Senior Member
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    44,205
    Lyle... "one party state" refers to what a state permits when it comes to taping phone conversations, etc. In a one party state, it is legal to tape if at least one party is aware of the taping and consents to it (it cannot be a minor). In a two party state, all parties must be aware of the taping.

    Even then, such tapes are not always admissible as evidence - a lot depends on the discretion of the judge.
  6. #6
    FJ1200guy Guest
    Thank you Stealth.
  7. #7
    haiku is offline Senior Member
    Join Date
    Jan 2001
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    5,414
    It would be helpful to know first, what your divorce decree says, and what you feel is not be honored on it. And, unless this "childrens bill of rights" you speak of is part of the divorce decree, it may or may not have any bearing for your possible case, whatsoever.
    "It is easier to build strong children than repair broken men." Frederick Douglas

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