Ammend Agreement?

[CatvsLion]

It's been a year since I've posted... basically I have a somewhat straight forward question:

We have a signed agreement with time sharing etc and just recently I received an email from my x stating that she's in agreement to allow an extra overnight on a regular basis. (which is not in the agreement).

Is there someway I can get this put into the agreement so she can't just 'change her mind' later on? Do I have to go back to my lawyer and her back to hers (and pay $500+ to get this included) or can this be done on my own? The written consent is in an email... if there is any problems can I not just attach the email to the agreement?

Basically I'm trying to save on $ but at the same time she likes to 'take' things back to 'punish' me when she's upset.

Thanks

[tombiosis]

I'm no lawyer, but I can relate to not wanting to pay one for an ammendment to your existing agreement.
I would type it out, in triplicate, using your best grammar and language, and have it signed and witnessed, as with your original. Each page must also be initialed by the parties and witnesses.
Be sure to check your original agreement which may contain key details on making ammendments to the document.
Finally, once it has been ammended, be sure to mail copies to the lawyers that were involved with the original...they should have copie(s) on file.
You can probably find examples on how to word the ammendment on the 'net or through friends, or better still, ask here!
good luck!

[robrjm]

no ammendment might be best

Once you have established a new routine - the extra overnight - the ex can't take it away. The courts will want the status quo to remain - as long as things go well. I thing you should just take the extra night without writing an agreement. Keep records of the your ex giving you the extra night. If your ex tries to take it away, then you can file a motion. Working with your ex without lawyers and the court will benefit you, your ex and the child.

[logicalvelocity]

Cats,

welcome back.

If the parties are in agreement its always best to put it in writing just in case one party changes their mind.

You should be able to amend your current agreement in much the same way the agreement was drafted.

lv

[CatvsLion]

If your ex tries to take it away, then you can file a motion. Working with your ex without lawyers and the court will benefit you, your ex and the child.

I think this is where the problem arises... The thing is if it's in writing she won't try and take it away... if not she knows I'll have to 'file a motion' to get it back and that can take upto a year based on past experience - which at that time the 'status quo' will be changed again.

I guess I just have to see where things go for the next couple of months.

Thanks for the input all.

[FL_Needs_To_Change]

If she allows it for a few months but refuses to amend the agreement she is acutually in agreement. So even if you do not have this in writing you can still go back and get a motion based on "status quo" arrangement and ask that it be turned to an order if she changes her mind some time down the road, but DOCUMENT all access etc, it sounds like you'll need it.

[CatvsLion]

Ok... so how long does it have to go before it's status quo... she just sent me an email today saying she doesn't like the new schedule and she wants me to go back to the old way. Thing is; I've moved and the old way won't work as I now live in the country and by the time I get home I'd basically feed my daughter and have to leave to be back for 7pm. She suggested that I just stay in town and goto a mall and out for dinner. Her only reasoning for the 'not likeing it' is because she doesn't have time to do her housework/gym and because she use to go visiting on the day I have her now.

So do I have to get lawyer's involved again - ie: we go back and forth again and nothing get's solved right away. Which means that I probably lose the access and status quo changes again.

Basically can I get into a court next week to get this addressed?

[robrjm]

status-quo

I don't think there is a specific length of time for the status-quo. Its importance decreases if it has been in place for short periods. In fact your ex may argue that the new arrangement breaks the status-quo and that the new arrangement has been unsuccessful. I do not think you will succeed on hte arguement of status-quo. However, I would attempt to convince your ex to keep the arrangement. Buy her a new gym membership.