Can You Legally Keep Your Ex-Spouse's New Partner Away From Your Kids?

14 January 2020
 Categories: , Blog


Divorce proceedings are hard, not only on the ex-spouses but on their children as well. Details surrounding custody are complex and complicated. One of the issues that could arise when figuring out custody arrangements is what happens if you don't want your ex-spouse's new partner around your kids.

There could be numerous reasons why you would prefer your ex-spouse to visit your children on their own. You may also prefer not to have their new partner visit the home when the children are in residence should you have a joint custody agreement in place.

Can you legally keep your ex-spouse's new partner from your kids? Yes, if you feel you truly don't want your children around your ex-spouse's new partner, then there are a few things you can do to protect your kids.

It Can Be Added To The Divorce Decree

In the final divorce decree or settlement agreement, you can have it stated that your children are not to be in the presence of your ex-spouse's new partner in any way. In this case, your ex and yourself need to be in agreement and the judge will sign off on this decree.

This is usually put in place if your ex-spouse plans to marry or become engaged during the custody agreement negotiations. If your ex is only dating someone but at the present moment has no plans to make the relationship permanent, it is more difficult to put into place within the actual divorce decree as the ex-spouse might have other partners during their lifetime.

You Can Get A Court Order

If your divorce is final and custody has been agreed on and arranged, but your ex-spouse begins dating someone you would prefer didn't spend time with your children, you could get a court order preventing them from spending time with your kids.

It's not always easy to obtain a court order stating that an ex's new partner can't be around while the other parent spends time with their kids. In fact, you need to prove that interactions with this person would be detrimental to your kids. This includes if interactions with this person would put the child in danger or their overall welfare is threatened in some way.

A court order would put a stop on the visits with their other parent if this new person is around until a new custody or visitation agreement is created. This is a temporary court order and must be enforced, which isn't always easy.

Contact a custody law service for more information.