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Old 05-14-2012, 11:47 PM
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Default Separation Agreement and Police Enforcement

Here are the basic facts:

Separated 3.5 yrs. Had a case conference and a settlement conference.
Ex and I have agreed on custody and access but the ex wants Police enforcement in the separation agreement. I am totally against it because I don't want my kids exposed to the police. There has never been one incident in the 3.5 yrs (on my part) that would justify having to get the police involved.

Her lawyer sent the following in an offer to settle regarding this:

"The police enforcement can be used as a last resort. Ms. xxxx insists on having the police, in their relevant jurisdiction enforce the provisions of any agreement. Mr xxxxx should not have a problem with this issue unless he intends to defy the agreement. She does agree to modify this paragraph to reflect that this clause will not be used lightly by either party and if it is abused, then the coordinator can review the issue. Most issues can be solved through a parenting coordinator. This clause protects both parties"

I replied that I was against it.
Her lawyer recently replied back the following:

"Please advise your client that the intent of this clause is for the protection of both parties, in the event that either party does not honour the established agreement. There is no intent that the parties will use this recklessly. Perhaps you can suggest some wording that will allow the parties to allow enforcement of the proper authorities, in the event that the children are not returned or if there is a breach of an agreement"


My lawyer didn't recommend having police enforcement although he didn't give me an alternative so I need some advice on what to respond regarding the police enforcement clause. I've searched this forum and it seems the consensus is that a Judge would not recommend it either. I suppose I could stick to my guns and deal with it at another settlement conference, but I'm trying to avoid that if I can.

This is the only sticking point left to hammer out.
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Old 05-15-2012, 07:07 AM
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Quote:
Originally Posted by figc View Post
Here are the basic facts:

Separated 3.5 yrs. Had a case conference and a settlement conference.
Ex and I have agreed on custody and access but the ex wants Police enforcement in the separation agreement. I am totally against it because I don't want my kids exposed to the police. There has never been one incident in the 3.5 yrs (on my part) that would justify having to get the police involved.

Her lawyer sent the following in an offer to settle regarding this:

"The police enforcement can be used as a last resort. Ms. xxxx insists on having the police, in their relevant jurisdiction enforce the provisions of any agreement. Mr xxxxx should not have a problem with this issue unless he intends to defy the agreement. She does agree to modify this paragraph to reflect that this clause will not be used lightly by either party and if it is abused, then the coordinator can review the issue. Most issues can be solved through a parenting coordinator. This clause protects both parties"

I replied that I was against it.
Her lawyer recently replied back the following:

"Please advise your client that the intent of this clause is for the protection of both parties, in the event that either party does not honour the established agreement. There is no intent that the parties will use this recklessly. Perhaps you can suggest some wording that will allow the parties to allow enforcement of the proper authorities, in the event that the children are not returned or if there is a breach of an agreement"


My lawyer didn't recommend having police enforcement although he didn't give me an alternative so I need some advice on what to respond regarding the police enforcement clause. I've searched this forum and it seems the consensus is that a Judge would not recommend it either. I suppose I could stick to my guns and deal with it at another settlement conference, but I'm trying to avoid that if I can.

This is the only sticking point left to hammer out.
1. Tell them to go on motion then and see what a Judge will have to say about putting a police enforcement clause into a separation agreement.

2. I am completely surprised that there are two solicitors involved and they are even talking about a police enforcement clause.

3. You generally have to have a JUDGE put that into an order. I don't even think you can have it enforced unless a JUDGE approves it. If that was the case then everyone would put it in and there would be piles of phone calls to the police asking them to go pickup kids.

4. If you are settling matters why the hell do you need a police enforcement clause? Generally they are only put in on a temporary basis for a REASON and do not form part of a negotiated settlement clause.

Good Luck!
Tayken
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Old 05-15-2012, 09:42 AM
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Thanks for the reply!

Quote:
Originally Posted by Tayken View Post
1. Tell them to go on motion then and see what a Judge will have to say about putting a police enforcement clause into a separation agreement.
Tayken
Good idea...but, I'd have to gamble she won't go through with that though...


Quote:
2. I am completely surprised that there are two solicitors involved and they are even talking about a police enforcement clause.
Well, actually it's only her lawyer who is fighting for it.

Quote:
4. If you are settling matters why the hell do you need a police enforcement clause?
Exactly!


Is there any other phrasing that can be used instead of police enforcement? For example, the Judge who presided over our settlement conference recommended Joint custody/parallel parenting with the involvement of a parenting coordinator....could I not replace the 'police enforcement' with the involvement of a parenting coordinator instead to oversee any breaches in the agreement?

thanks again
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