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  • #16
    Someone can correct me if I'm wrong- but I don't think this is something that is really dealt with at a settlement conference or included in the brief. This type of behaviour is the stuff you use at trial.

    What you want to do in your offer(s) to settle though is to give your agreement some teeth to enforce these clauses. I have no idea what those are though.

    What do you put in an agreement when you know the other party is going to blatantly ignore the agreement at their discretion?

    I wonder if you can include penalty clauses in final agreements? lol.

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    • #17
      Thanks Iona... at this point he is trying to completely change the agreement with no material change in circumstance. And I am quite certain we will end up in trial sadly.


      Sent from my iPhone using Tapatalk

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      • #18
        You can use it in your brief as simply : you offered more time, he refused it. Not only did he refuse it, he refused to return the children in a timely manner.

        He has made several mistakes in his legal plans. If you are going to argue for more time and make accusations that the ex is not working with you, you need to behave yourself and do everything in the original order AND what is asked of you. Hes now trying to bully you into agreeing his improper actions are ok.

        If he doesn’t return them on time, it looks bad on him going forward. You will simply use it as “refuses to follow the agreement”.

        As I said privately, judges err on the side of your agreement because you both AGREED. If he wants to change it and you don’t agree, you need a judge. A judge has not made any new orders or changes therefore it is the agreement that stands.

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