S.P.A.R.C.

Separated Parenting Access & Resource Center
crazy gamesriddles and jokesfunny picturesdeath psychic!mad triviafunny & odd!pregnancy testshape testwin custodyrecipes

Author Topic: Need Advice on what can be done with refusal to sign agreement  (Read 1176 times)

ER

  • Jr. Member
  • **
  • Posts: 72
  • Karma: 0
    • View Profile
Soc,

I been here before and have been helped by your answers in my on going custody drama. Well, here is the newest and a few questions to follow.

A year of GAL, hearings and investigations over my ex filing a motion for medical decisions has come down to the GAL finding in my favor as well as other issues that presented themselves. After 5 hearings and one trial, my ex and I reached an agreement both through mediation and in front of the Judge the day of the trial. Next step, was for my attorney to provide the admended parenting plan for our review for us to both sign it and have it recorded.

My attorney submits the admended plan to OC and we get no reply. 30 days later a second notice goes out, still no reply. Finally I ask attorney to submit a letter to the judge in regards to  OC refusing to sign an agreed admendment asking a judge to order it and record it without my ex's signature. Attorney informs me thatafter talking OC attorney this week my ex has stated she never agreed to anything through all this proceedings,  even in court. Funny, it was recorded on tape that day we were all at trial as an agreement. OC has hinted they are no longer going to represent ex due to the circumstances and difficulties.

I sign the admended plan today as advised by my attorney and he has informed OC of our intentions to submit it to the court by the end of the week for order regardless of ex's signature.
I am told it should go through if my ex does not filed an objection to it.

Questions:

1. If my ex files an objection, will a judge or court grant a whole new trial based on the known fact she and I agreed in front of the judge, or could they throw it out given all the evidence from the year long proceeding and her refusal to cooperate after the fact?
(She will find another attorney to represent her..money is no object to her)

2. Given we spent a whole year in court on a motion she filed, can I now possible file for sanctions such as legals fees to be reimbursed for the time wasted given the facts at hand of refusing to sign an agreement that was settled at trial?

3. Lastly, what can really happen in a worse case scenario?

Thanks agian!


socrateaser

  • SuperHero
  • *****
  • Posts: 5728
  • Karma: -2
    • View Profile
RE: Need Advice on what can be done with refusal to sign agreement
« Reply #1 on: Oct 31, 2006, 08:42:21 PM »
>Questions:
>
>1. If my ex files an objection, will a judge or court grant a
>whole new trial based on the known fact she and I agreed in
>front of the judge, or could they throw it out given all the
>evidence from the year long proceeding and her refusal to
>cooperate after the fact?
>(She will find another attorney to represent her..money is no
>object to her)

If you can prove via court transcripts that you and your ex reached agreement on all of the substantive issues in court, then the court can order the agreement without signature, based upon the oral agreement reached in the courtroom.

This assumes that there is nothing in the submitted order that was not agreed to in court. If there is, then the court can't order it, unless there has been a trial on the merits and the court finds based on the record that this is order is in the child(ren)'s best interests, and reasonably within the courts discretion.

>2. Given we spent a whole year in court on a motion she filed,
>can I now possible file for sanctions such as legals fees to
>be reimbursed for the time wasted given the facts at hand of
>refusing to sign an agreement that was settled at trial?

Yes. Bad faith cost you attorney fees, so the court should tax them to the other party.

>
>3. Lastly, what can really happen in a worse case scenario?

Court throws out the entire agreement and orders a new trial -- and then you lose.

Or, you read this and have a massive coronary -- that would be pretty bad too.

Happy Halloween.

 

Copyright © SPARC - A Parenting Advocacy Group
Use of this website does not constitute a client/attorney relationship and this site does not provide legal advice.
If you need legal assistance for divorce, child custody, or child support issues, seek advice from a divorce lawyer.