there is a rider in my divorce agreement that says my current girlfriend is not allowed "in the presence of" my kids. There are no legitimate safety concerns, my ex-wife is just upset due to the affair. it got into the agreement because I agreed to it in the temporary agreement in order to smooth the transition. it was then automatically carried over.

Burlington VT

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    I'm afraid that you probably have to ask the court. Otherwise, you can ask your lawyer. If you want to know whether that term is in standard use in divorce agreements, it would help to know which jurisdiction you're in. – phoog Jan 8 '19 at 17:50
  • @phoog - Burlington VT...Post Edited – BenjaminB Jan 8 '19 at 17:51
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    You could also ask your lawyer how your girlfriend is bound by this. – gnasher729 Jan 8 '19 at 20:27
  • Voting to close as requiring specific legal advice. – ohwilleke Jan 9 '19 at 0:12
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    This asks the meaning of a phrase in a court order. That is not, in my view, specific legal advice. The question does not ask what the OP should do about the situation, or how to handle it. I don't think this is off topic, and in theory someone might find a source indicating how that phrase is usually construed, or has been construed in a specific citable case. That is, if there is a meaning usual enough to cite.. – David Siegel Jan 9 '19 at 0:29

In the presence of means what it says: your girlfriend and your kids can't be at the same place at the same time.

  • So if I understand correctly, in the absence of any particular precedent construing this phrase it would be up to the judge to decide if being in the same house but not the same room would count, assuming that it got as far as a court. Is that right? – Paul Johnson Jan 10 '19 at 8:08

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