We were the first to report that 90 Day Fiance: Happily Ever After star Biniyam Shibre filed for joint custody of his oldest son Simon late last year. We can now exclusively reveal some updates about the case!
Two months after our post about the custody battle, there was a joint motion filed to seal the records. An order to restrict access to records was filed on August 16. As a result, the actual court documents are no longer accessible to the public. However, the docket entries are still a matter of public record.
(I should note that there was a motion to seal when Biniyam initially filed in September of 2021, but that motion was denied.)
Biniyam custody battle update
According to the docket entries for the case, it appears as though Biniyam and Simon’s mother Bria have reached a settlement. Through August and October there was a protective order issued (no details) as well as multiple responses to discovery.
There was an order filed on October 12 stating that settlement documents were due on October 26. A stipulation and agreement was filed on October 12.
There was an order on October 29 stating that child support guidelines were to be filed. Biniyam filed a child support guidelines worksheet on October 31.
The case was disposed with a docket entry stating “other decree” on November 2, 2022. The details are not accessible to the public, but I would have to assume that whatever the decree was, it would include Biniyam being able to see Simon.
Watch #90DayFiance #TheOtherWay star Biniyam's wedding video from his 2017 marriage to an American woman named Bria. The ceremony is in the United States and was after the couple's Ethiopian wedding. The US wedding was also after the birth of their son. https://t.co/8JnbBkPU8B
— Starcasm (@starcasm) July 16, 2020
Binyam files for custody of Simon recap
As viewers are likely aware, Biniyam was previously married to another American woman named Bria, and they share a five-year-old son. Biniyam and Bria divorced, and Bria moved back to Iowa with Simon. As Biniyam revealed on the show, he has not been allowed to see Simon since his split from Bria.
Biniyam filed a Petition to Modify Custody and Establish Parenting Time on September 27, 2021. The filing cites the original custody agreement granting Bria full custody of Simon. “Petitioner requests the Court modify the Order to establish joint legal custody and a reasonable parenting time schedule between the minor child and the Petitioner, along with regular access,” the filing reads.
Biniyam’s ex-wife Bria was served with his petition on October 6, and she applied for a Writ of Injunction one week later. The Writ of Injunction was issued the same day.
The injunction listed a series of restrictions that Biniyam had to abide by until the custody issue was settled:
It’s still unknown if Biniyam will be back on TLC on any of the 90 Day Fiance shows, or if the custody battle for Simon will be a part of his story line if he does come back.
You will notice in the photo above that one of the stipulations from the initial injunction was that Biniyam was restricted from “disclosing or discussing information about the minor child’s progress, performance, experience, or any other information about the minor child’s schooling on television media, including but not limited to the 90 Day Fiance The Other Way television series.”
It’s unclear if there are still any restrictions on Biniyam in regards to what he can and cannot talk about on the show when it comes to Simon. The injunction was temporary, but there could have been permanent stipulations added after the case was sealed. Perhaps that was what the protective order filed on August 25 addressed?
The initial injunction did not include restrictions on what Biniyam could post on social media in regards to Simon. Perhaps we will see some happy reunion photos soon? Stay tuned!