Stipulated agreement

[kaylene99]

Hi Soc,

Hope you're having fun with your vacation.  I would love to hear from you as soon as you get back (or get another chance to be near a computer :-)).

We may be in a situation where we need to write up a stipulated agreement.  Having no experience with it, I'll take a stab and have you review and dice later if you don't mind.

Anyway, my questions are:

1.) Does the stipulated agreement need to be filed in court and signed by a judge before it can be enforceable?

2.) How fast/slow of a process is it to have a judge sign a stipulated agreement?

3.) Do we file in the county where the children are or where the father is?

4.) Can the parties sign the stipulated agreement in front of a notary (instead of lawyers) and have that binding in court?

5.) Is a stipulated agreement valid without a judge's signature and without it being filed in court?  How can that be enforced?

I'm sure I'll have more questions later.  I ask for your patience. :-)

Thanks!

[socrateaser]

>Anyway, my questions are:
>
>1.) Does the stipulated agreement need to be filed in court
>and signed by a judge before it can be enforceable?

If it involves child support/custody or marital property division, then yes.

>2.) How fast/slow of a process is it to have a judge sign a
>stipulated agreement?

If the document is reasonable and submitted in proper form, probably about 5 court days.

>3.) Do we file in the county where the children are or where
>the father is?

You file in the county where the last order/judgment in the case was issued. If the action were adversarial you would probably want to get a change of venue or jurisdiction, but if it's not, the court will probably sign the doc if it contains a statement whereby both parties expressly submit to the continuing jurisdiction of the court for the purposes of this stipulated order.

>4.) Can the parties sign the stipulated agreement in front of
>a notary (instead of lawyers) and have that binding in court?

Yes. All that matters is that the judge sign the order. The agreement doesn't even need to be notarized, but it will give the judge a warm fuzzy that neither parent was coerced into signing.

>5.) Is a stipulated agreement valid without a judge's
>signature and without it being filed in court?  How can that
>be enforced?

It's not and it can't.

[kaylene99]

Thanks, Soc!  Hope your vacation went well. :-)

Could you, by any chance, provide an example of a stipulated agreement done in proper form?  

Thanks, again!

[socrateaser]

>Thanks, Soc!  Hope your vacation went well. :-)
>
>Could you, by any chance, provide an example of a stipulated
>agreement done in proper form?  
>
>Thanks, again!

Does your jurisdiction use court authorized form pleadings or do parties write up their own?

[kaylene99]

on http://www.flcourts.org/gen_public/family/forms_rules/index.shtml.

At this point, my guess is that parties will need to write up their own.

In that case, could you advise on what the structure of the agreement should be?  What important bullets or sub-sections need to be there?

Sorry for my inexperience but thanks so much for the help!

[socrateaser]

>on
>http://www.flcourts.org/gen_public/family/forms_rules/index.shtml.
>
>At this point, my guess is that parties will need to write up
>their own.
>
>In that case, could you advise on what the structure of the
>agreement should be?  What important bullets or sub-sections
>need to be there?

I don't know what issues you wish to address in the settlement, so I can't advise on what needs to be in the agreement. However, the FL court forms have several stipulated settlement agreements which contain all of the possible issues, so you should be able to pick and choose from the various sections contained therein.

[kaylene99]

allowing minor children to travel outside the country for vacation.  Length is supposedly one week only.

Five years ago, CP wanted to relocate children but NCP fought against it and won.  Now, in an effort to jointly work together for the children and try to put the "ugly" things behind, NCP is willing to allow this vacation for the children BUT NOT without a stipulated agreement and order.

What would you suggest NCP draw in that stipulated agreement?

Thank you for your input and advice.  It's greatly appreciated as always. :)

[socrateaser]

>What would you suggest NCP draw in that stipulated agreement?

You already have past history of the CP's intent to take the kids from the USA, never to return.

You could ask for an escrow of a substantial monetary sum, or a secured interest in real property, with instructions to deliver title and possession to you if the children do not return to the jurisdiction within a prescribed period of time.

But, will money substitute for the permanent loss of access to your kids? If so, then this works, but if not, then there is no satisfactory substitute, and no means of guaranteeing compliance.

Therefore, depending upon your feelings for the kids, my advice is to have the other parent put a very large amount of valueable property at risk of loss, or to simly refuse your consent under any circumstances.

[kaylene99]

what you're saying.  However, I doubt that CP has real assets nor is capable of forking out a bond for this purpose.  In absence of that, could NCP then include the following on the stipulated agreement?

1. Immediate halt of child support should the kids fail to return on the said date ;
2. CP to lose any right to petition for retroactive child support and no arrears will be assessed to NCP at all ;
3. Custody to be automatically reversed once children are located and returned to the U.S. ;
4. CP to be responsible for all legal costs incurred by NCP in pursuing children's return to the U.S.

Additional questions are:

5. How likely that the above points will stick and be granted by the judge?  Divorce and CS order were done in State A and all parties are in State B now.

6. As another stipulation, NCP would like to add for CP to facilitate more time with the kids by splitting their travel 50% on future dates.  Can that be included in the agreement as well?

7. In your legal opinion, how can NCP best draw this stipulated agreement?


Soc, I know it looks kinda weird that the thought of allowing the children to travel outside the country will even be considered.  Trust me, the fear of the unthinkable is always haunting but times have changed since five years ago.  The kids are older and the bond with NCP has been developed.  NCP would like to demonstrate good will, faith and "trust" even if it seems like that's the stupidest thing to do -- all for the sake of the children.  If the unthinkable happens, then consequences will just be faced.  The children will be adults someday and will likely seek continued relationship with their NCP.

Thank you again for your reply.  Your help is greatly appreciated!

[socrateaser]

>what you're saying.  However, I doubt that CP has real assets
>nor is capable of forking out a bond for this purpose.  In
>absence of that, could NCP then include the following on the
>stipulated agreement?
>
>1. Immediate halt of child support should the kids fail to
>return on the said date ;

No. it violates public policy for parents to bargain away their children's right to support.

>2. CP to lose any right to petition for retroactive child
>support and no arrears will be assessed to NCP at all ;

No. See #1.

>3. Custody to be automatically reversed once children are
>located and returned to the U.S. ;

No. It violates public policy for parents to deprive the court of jurisdiction to determine the children's best interests.

>4. CP to be responsible for all legal costs incurred by NCP in
>pursuing children's return to the U.S.

Actually, as this is a property issue, you probably could bargain for it in advance. But, as a practical matter, you have no means of enforcing the children's return once they are beyond U.S. borders, so this agreement will be worthless.

>
>Additional questions are:
>
>5. How likely that the above points will stick and be granted
>by the judge?  Divorce and CS order were done in State A and
>all parties are in State B now.

0.00%

>
>6. As another stipulation, NCP would like to add for CP to
>facilitate more time with the kids by splitting their travel
>50% on future dates.  Can that be included in the agreement as
>well?

Not without court approval, and even if the court were to rubber stamp your agreement, it could refuse to enforce later should the agreement be used to prove contempt.

>
>7. In your legal opinion, how can NCP best draw this
>stipulated agreement?

Place the agreement in a paper shredder and push the "On" button.


>Soc, I know it looks kinda weird that the thought of allowing
>the children to travel outside the country will even be
>considered.  Trust me, the fear of the unthinkable is always
>haunting but times have changed since five years ago.  The
>kids are older and the bond with NCP has been developed.  NCP
>would like to demonstrate good will, faith and "trust" even if
>it seems like that's the stupidest thing to do -- all for the
>sake of the children.  If the unthinkable happens, then
>consequences will just be faced.  The children will be adults
>someday and will likely seek continued relationship with their
>NCP.

None of the things that you propose can be made legally binding. The most that the agreement can be expected to do is demonstrate bad faith on the other parent if there is a breach. But, if the parent doesn't come back, you will almost certainly have no recourse.

The only certain means of enforcing your rights is to maintain the children within the jurisdiction of the courts of the several United States. Nothing else will protect your interests, so I can recommend nothing else.