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Author Topic: Reneged on the stip  (Read 869 times)

onedaddy

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Reneged on the stip
« on: Feb 15, 2005, 01:24:01 PM »
In NY,BM made arrangements to take kids for vacation out of state without DH's permission and during his vacation time and weekend.  We are in the middle of a custody trial and BM blamed her old lawyer for not informing us and said she signed the holiday schedule but never read it so she did not realize it was during our time.

GAL wanted kids to go to Florida, so in front of BM's new lawyer, our lawyer and GAL and with calendar in hand we ALL agreed she can go on vacation and we would get the next two breaks and an extra weekend.  
We both get the exact same amount of time except for maybe 12 extra hours that we get.  BM has residential custody.

GAL drafted stip but BM's lawyer stated off the record he would like to redrafted but their were no problems and the agreement stands.  Well he redrafted and had BM sign a completely different agreement and said she changed her mind and this is all she is willling to offer.  This cuts our time in half.  So we said NO, and she will not be going to Florida.

1.  Do we notify/call the judge?  Our next court date is next month because of this vacation.

2. Is there no law to protect us from such slimey behavior by an officer of the court?



 


socrateaser

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RE: Reneged on the stip
« Reply #1 on: Feb 15, 2005, 01:28:49 PM »
>In NY,BM made arrangements to take kids for vacation out of
>state without DH's permission and during his vacation time and
>weekend.  We are in the middle of a custody trial and BM
>blamed her old lawyer for not informing us and said she signed
>the holiday schedule but never read it so she did not realize
>it was during our time.
>
>GAL wanted kids to go to Florida, so in front of BM's new
>lawyer, our lawyer and GAL and with calendar in hand we ALL
>agreed she can go on vacation and we would get the next two
>breaks and an extra weekend.  
>We both get the exact same amount of time except for maybe 12
>extra hours that we get.  BM has residential custody.
>
>GAL drafted stip but BM's lawyer stated off the record he
>would like to redrafted but their were no problems and the
>agreement stands.  Well he redrafted and had BM sign a
>completely different agreement and said she changed her mind
>and this is all she is willling to offer.  This cuts our time
>in half.  So we said NO, and she will not be going to
>Florida.
>
>1.  Do we notify/call the judge?  Our next court date is next
>month because of this vacation.

I would write opposing counsel and the GAL, review the events, state that the agreement that was made in the GAL's presence, and with consent of all parties, and that if opposing counsel insists on refusing the agreement, that you will have no alternative but to move the court to enforce the agreement as original made, and for attorney fees and costs in your favor.

onedaddy

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thank you! nm!
« Reply #2 on: Feb 15, 2005, 01:30:22 PM »
thank you! nm!

 

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