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Agreed Order not Signed

Started by Blackcandt, Jun 07, 2006, 02:54:48 PM

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Blackcandt

My ex wife and I had a hearing on May 19th regarding custody of our children. At the time she agreed under oath in front of the comissioner to give me residential custody. We further went over all visitation arrangements under oath and child support issues. Our attorney's were to type up the agreed order and it was agreed that each party would sign the order. I signed the order on May 24th and my exes attorney informed my attorney that the order was sent to my ex-wife on May 26th and still there has been no word from her.

My question is how can we enforce this agreement?
What should our next move be legally?

socrateaser

>My ex wife and I had a hearing on May 19th regarding custody
>of our children. At the time she agreed under oath in front of
>the comissioner to give me residential custody. We further
>went over all visitation arrangements under oath and child
>support issues. Our attorney's were to type up the agreed
>order and it was agreed that each party would sign the order.
>I signed the order on May 24th and my exes attorney informed
>my attorney that the order was sent to my ex-wife on May 26th
>and still there has been no word from her.
>
>My question is how can we enforce this agreement?

No. Children aren't chattel property to be bargained. If the other parent won't sign, then you can use her agreement in court as a fact to show that she believed at the time that the child was better placed in your hands. But, that's about all it's good for.

You can also probably get your attorney fees for the hearing and some of the prep time, because the other parent wasted yours and the court's time.

>What should our next move be legally?

Ask for an evaluator to be appointed and move on with the custody battle -- unless you think you can pursade her to sign the agreement.