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legal consent versus existing court order?

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  • legal consent versus existing court order?

    I have been the 'payee' (he) for 10 years. The 'payor' (she) signed a consent agreement recently (Sept/05) giving 'him' full custody of the two children. The two children were registered in another location to their respective schools for a total of five months. On a regular interval visit with 'her', she decides to keep the two children with her and register them to their former schools. I (he) immediately opposed this action and involved the local police. They went to her door and she starts waiving the court order (issued in 1997).
    Does she have the right to have her cake and eat it too?
    Is SHE actually in contempt of the original order?( since she was given SOLE custody at that time and gives it to me now?)
    Does legal consent SUPERCEDE a Court Order?

    Please help, and................

    Thank You.

  • #2
    correction

    ooooops! I was typing too fast at the beginning of this thread....and got payee and payor 'switched around' The 'payor' IS the Resp.(he) and the Applicant IS (her)..........

    Soooooory.........

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    • #3
      gmac,

      What do you mean by a signed consent agreement? Was this drafted by lawyers? You can only make your agreement into a court order by a formal order a judge makes in court to affirm the agreement. It's always a good idea to file the agreement with the court. This would avoid the problem that you have on your hands now. You can show a judge what you and your partner agreed to. Judges take these agreements very seriously.

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      • #4
        Thank You for Your reply!!!

        The agreement is 12 paragraphs deep.....dealing with sole custody to Dad.....transfer of documents(health cards etc...), She never CHALLENGED where, why they had transfered schools......SHE signed them over COMPLETELY .....initialed copies.......witnessed by third parties.......etc etc etc

        Bottom line is she is in breach of the consent agreement and quite possibly in contempt of the Original Court Order because she was granted sole custody.....in 1997.......now .....in 2005 she willingly hands them over in writing.....then takes them back at her own discretion....
        Is she in contempt of the Original Order????

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        • #5
          gmac,

          Bear in mind that I am not a lawyer and have limited knowledge. I'd say yes, the 1997 court order stands until a new one is in place, through the courts. i.e. signed by a Judge. Did she obtain legal advice before signing the 2005 agreement?

          Sounds like she could be in contempt of the Original Order. How old are the children? They may be at an age where their wishes would hold some weight.

          Bye the way, Welcome Aboard.

          Comment


          • #6
            Grace,

            Yes ....age is now the issue....They are 15 and 13....and they wish to remain with their Mom, because they both have more control there. Both boys have failed school due to excessive truancy over the past 5-7 years. Mom is a mental case, always in and out of the psych ward, and still a Judge sided with her for sole custody. The boys were with Me for 5 months ....never missed a day.....marks were through the roof, But SHE decided she wanted another chance.

            I believe she is in contempt of the Orig.Order, because she signed them over to Me in Sept.05 and never once challenged it, until this last weekend.

            I don't know anymore.....the Justice system tends to lean in favour of the mother.....even if she is a headcase........

            Ciao...........

            Comment


            • #7
              I would think this agreement holds alot of weight; you seem to have done it properly--outlined the stipulations, had unbiased 3rd party witnesses, it seems very thorough. My only concern would be that she possibly didn't seek legal advice first--she can say that she was coerced and not mentally up-to -par(especially if she admits the psyc hospital visits. Actually that's a double sided edge for her; she signed the paper under duress, yet she's been in hospital several times.) By no means am I undermining the mentally ill.
              I wonder: if that agreement doesn't stand up in court why not? Does the courts want you to pour more cash into the system, instead of resolving it among yurselves? Can we not be responsible for decisions we make without running to the courts to rule on your life?
              I would really give it a whirl in court, it seems like you have pretty solid evidence. The fact that the children excelled in school while with you would be another bonus in your favor. The children want to stay with your ex b/c it's easy, so that that can work for or against you---there's no parental supervision at Mom's(bonus for you) but the kids are old enough to speak for themselves(not so good for you).
              Alot depends on the judge. Good Luck

              Comment

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