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Author Topic: A question...  (Read 3176 times)

MixedBag

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A question...
« on: Apr 25, 2007, 10:29:43 AM »
If I sign paperwork stating that I can't take my EX back to court, will it HOLD UP in court if there's a change in circumstance six months from now or a year from now?

I think the answer is that I can.

Thanks!


notnew

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RE: A question...
« Reply #1 on: Apr 25, 2007, 10:40:39 AM »
If it's not contained in an order, I don't think it's enforceable. Why would you sign anything like that anyway Mixed?

I would say that if you are taking him back to court to try to enforce a court order, then the signed paper would be worthless.

Is he trying to get you to sign something weird? Doesn't he know better yet that you've got valuable resources to help keep you from doing something that could be potentially damaging to your case?


mishelle2

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RE: A question...
« Reply #2 on: Apr 25, 2007, 11:27:15 AM »
BE CAREFUL, I know that you can make an order a permanent order.. so be extremely careful, dont sign anything without having your atty reivew it

MixedBag

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Question not for me....for a friend.
« Reply #3 on: Apr 25, 2007, 11:30:31 AM »
Her EX wants to make the current arrangments more legal by putting them in writing.

She has been getting more time with the child, so she would agree to putting the current arrangement in writing.

BUT He's gonna wanna add a sentence that says something about agreeing that SHE will not take him to court to get custody.

I'm on the side that (and I think Soc said this), that in Family Court, orders are never permanent.  There is always the possiblity that a "Change in Circumstances" occurs that warrants another change to the final permanent family court order.

notnew

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RE: Question not for me....for a friend.
« Reply #4 on: Apr 25, 2007, 11:36:54 AM »
I believe you are right mixed. You had me worried there for a minute! I KNEW you were smarter then that!


jenjen

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RE: Question not for me....for a friend.
« Reply #5 on: Apr 26, 2007, 07:06:57 AM »
If I understanding this correctly, I dont believe signing an agreement not to sue for custody will stand up in court especially if the other party can demonstrate that this was signed as a means of having more visitation. it's like one parent saying  "the child can primarily live with the non-custodial parent as long as the non-custodial parent continues to pay child support and doesnt seek primary resident(custody).

Zephyr

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RE: Question not for me....for a friend.
« Reply #6 on: May 03, 2007, 02:16:17 PM »
>Her EX wants to make the current arrangments more legal by
>putting them in writing.
>
>She has been getting more time with the child, so she would
>agree to putting the current arrangement in writing.
>
>BUT He's gonna wanna add a sentence that says something about
>agreeing that SHE will not take him to court to get custody.
>
>I'm on the side that (and I think Soc said this), that in
>Family Court, orders are never permanent.  There is always the
>possiblity that a "Change in Circumstances" occurs that
>warrants another change to the final permanent family court
>order.


Hey MB---- it is my understanding that a court order cannot go against the interest of public policy (orders being modifiable) and secondly it is rare (although it is happening more) for a court to make a determination on some "possible" future event, so most orders will not say "if Johnny doesn't reach a B grade average by the end of the year, custody will revert to the other parent" because the courts will want to actually review the scenario and issue a new order......likewise in your friends case- the court is not going to sing of on their ability to act in the best interests of the child

 

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