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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 03-01-2014, 09:53 AM
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Question Is this even possible? Lawyer agreed to motion without ex's knowledge..

I'm extremely confused right now, just hoping to get insight. Here is the background:

I brought a motion in December after ex wife refused to go with recommendations of children's lawyer.

I was successful in that motion, but costs were adjourned because wife didn't have counsel. (She fired them the month previous and claimed she couldn't find a new one)

Before we went back to court again I sent an offer to settle with various other things in it. I was notified the night before court that ex wife had agreed to all things except financials. So my lawyer went to court and the judge signed the motion. I did not attend because I was told I didn't have to.

Learn later that night from ex wife that she went to court an no one was there. I said we didn't have to go because an offer was agreed. She claims she knows nothing about this. I spoke to my lawyer that night and she said everything was fine, ex agreed yada yada.

I try to communicate with ex wife yesterday to find out if she made contact with her lawyer to find out what's happening because the new court order would change my access on the weekend and she didn't respond. Saw her at my child's dance this morning and she is ignoring my questions, and it is clear I'm not getting the children according to new court order today.

What could have happened? Could her lawyer have agreed to that without her knowledge? What if she agreed to it with her lawyer but now claims she didn't understand what she was agreeing to. (That would be a typical move on her part) is there a possible way this could have been my lawyers fault? Wouldn't my lawyer have needed something in writing from her lawyers to take to the courthouse to show the agreement between the parties? I don't imagine my lawyer could just show up and say we reached an agreement without proof?


Sorry this is so long! I just want to get to the bottom of this.
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Old 03-01-2014, 10:13 AM
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your lawyer would need proof that the other party agreed. If she agreed to it all except financials then you didn't have an agreement I would think. I would dig deeper into this. Do you have a copy of the signed agreement from your lawyer?
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Old 03-01-2014, 10:32 AM
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Yes I picked up a copy the next day from my lawyer, after it was signed and dated at the courthouse.

The last line of the motion says "the argument of costs on the December return and this return shall be adjourned to a date to be set by counsel"

I think this is because initially in December I was asking for full costs because I sent her an offer once the children's lawyer report was received and she choose to ignore the report so I felt I had to bring an unnecessary motion. Although the judge granted me everything in the motion he was hesitant to decide in costs due to the fact my ex claimed she did not have a lawyer so she didn't know if he should be following the children's lawyer report.

In my offer to settle I was still askin for costs, but when ex lawyers called my lawyer they said they would agree to everything in my offer to settle except costs.
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Old 03-01-2014, 11:00 AM
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can you live with not getting the costs? Sometimes you have to lose the battle to win the war if you know what I mean.
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Old 03-01-2014, 11:24 AM
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Oh absolutely. I didn't even give it a second thought. When they came back and said they would agree to all items but wanted me to reconsider the financials, I guess the only reason why it wasn't done on the spot is because my lawyer wanted to check with me first.

I guess the bigger issue here is my ex claiming she didn't agree to the offer to settle. I'm trying to see how I have a signed document from the court that says we came to an offer, but she is saying she didn't. Did my lawyer make a mistake, her lawyer? Or is my ex just trying to be difficult as usual. And if it was her lawyer, what will happen now?
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