Agreements through Email

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Technodaddy said:
Are agreements through email enforceable?
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Though emails are getting more and more excepted between council, when it is between litigants, especially in family law, the judge won't enforce it. In fact, and I'm sure someone with legal expertise may correct me if I'm wrong, any negotiations between you and your ex whether on paper or email is considered without prejudice, and can not be used.

Now, if you put something in place, in time it could be looked as status quo.
 
LostFather said:
Though emails are getting more and more excepted between council, when it is between litigants, especially in family law, the judge won't enforce it. In fact, and I'm sure someone with legal expertise may correct me if I'm wrong, any negotiations between you and your ex whether on paper or email is considered without prejudice, and can not be used.

Now, if you put something in place, in time it could be looked as status quo.
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Ok, we have put something in place for almost a year now. With any notice she decided not to follow it anymore.

She wanted to go away with the kids and just told me so. No consideration for me at all. ( no surprise here as I'm sure we have all experienced something like that)
 
Technodaddy said:
Ok, we have put something in place for almost a year now. With any notice she decided not to follow it anymore.

She wanted to go away with the kids and just told me so. No consideration for me at all. ( no surprise here as I'm sure we have all experienced something like that)
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Well, if you're looking at access, then maybe, but really what are you talking about? Summer vacation time? I'm not sure if that would set a past practice in your agreement. I think it would be more of a test than anything.

If she decides to just take the children without consent, then maybe you could have other avenues, maybe law enforcement, but unless you believe that the children are at risk, or that she's not coming back, then I would strange myself away from that.

I would definitely demand the 'make up time' with your child(ren). I'm sure that you have time off from work in the summer, so use it for that if it's an option for you.

Otherwise I would document, but if you do not have an order through the courts, forget about a judge seeing it, unless you're prepared for the full meal deal.

Again, I'm no lawyer, but have been involved in family court systems, with numerous appearances, including trial. Oh and $70+K in fees. Now I am unrepresented for an appeal, it's a big task, but I believe an achievable one if you're willing to do your research, there is an abundant amount of information, including how to proceed on your own.

If successful under appeal, I think I might set up a practice :D. Of course that is just a joke, but having gone through this, Ive' learned a lot, mostly the hard way. But it will help me in the appeal.
 
Techno, the schedule you have in place for a year would be considered STATUS QUO. You do not need to have anything in writing, the fact that the children were settled into this routine is sufficient for it to be enforced by the courts (if you argue it properly, proper wording etc.)

If you do not challenge the change she has made, then she can establish a new status quo, and she can also claim implied consent. You have to act on this quickly and establish your access and custody.

Right now she doesn't have a case, but the longer this goes on the harder it is for you to fight it. This is one of the few situations my lawyer gave as an example for an emergency motion.

If you have emails outlining the schedule going back a year, then this is evidence you can present to back up your motion. It helps a lot. In the end you might win anyway, but the better you can put together a few sheets of explanation and supporting evidence, then the judge just has to read it and it's a no-brainer and you avoid hour of discussion and arguing.
 
It's not vacation time, just taking an extra long weekend. Yes it was a test I'm sure. She has been extremely flippant and trying to push my limits/buttons.

So lesson learned and the cuurent agreement registered with the court will be followed. She may not like it either when she gets the same in return.

LostFather said:
Well, if you're looking at access, then maybe, but really what are you talking about? Summer vacation time? I'm not sure if that would set a past practice in your agreement. I think it would be more of a test than anything.

If she decides to just take the children without consent, then maybe you could have other avenues, maybe law enforcement, but unless you believe that the children are at risk, or that she's not coming back, then I would strange myself away from that.

I would definitely demand the 'make up time' with your child(ren). I'm sure that you have time off from work in the summer, so use it for that if it's an option for you.

Otherwise I would document, but if you do not have an order through the courts, forget about a judge seeing it, unless you're prepared for the full meal deal.

Again, I'm no lawyer, but have been involved in family court systems, with numerous appearances, including trial. Oh and $70+K in fees. Now I am unrepresented for an appeal, it's a big task, but I believe an achievable one if you're willing to do your research, there is an abundant amount of information, including how to proceed on your own.

If successful under appeal, I think I might set up a practice :D. Of course that is just a joke, but having gone through this, Ive' learned a lot, mostly the hard way. But it will help me in the appeal.
Click to expand...
 
Technodaddy said:
It's not vacation time, just taking an extra long weekend. Yes it was a test I'm sure. She has been extremely flippant and trying to push my limits/buttons.

So lesson learned and the cuurent agreement registered with the court will be followed. She may not like it either when she gets the same in return.
Click to expand...


Though I agree with most of what Mess said, I'm not sure one long weekend is enough to make a trip to the courts, the judge will not want to hear about one long weekend. I certainly do not believe that the judge would agree with 'implied consent' for one long weekend, especially if you've documented your protest with her. I would go further and send registered letter.

I mean, what are we really talking about here, one day, or is there more to it and I'm missing something here? I'm certainly not condoning her actions by any means, and if you do eventually go to the judge it will only look bad on her. But I think I would let it ride this one time (so to speak), if it is a problem again, then I would initiate further action. Though her actions are wrong, you do not want to come across to the judge as a person that wants to bring everything to court exhaust other avenues first. Let her make an ass out of herself, again, just my 2 cents.
 
Mess said:
Techno, the schedule you have in place for a year would be considered STATUS QUO. You do not need to have anything in writing, the fact that the children were settled into this routine is sufficient for it to be enforced by the courts (if you argue it properly, proper wording etc.)

If you do not challenge the change she has made, then she can establish a new status quo, and she can also claim implied consent. You have to act on this quickly and establish your access and custody.

Right now she doesn't have a case, but the longer this goes on the harder it is for you to fight it. This is one of the few situations my lawyer gave as an example for an emergency motion.

If you have emails outlining the schedule going back a year, then this is evidence you can present to back up your motion. It helps a lot. In the end you might win anyway, but the better you can put together a few sheets of explanation and supporting evidence, then the judge just has to read it and it's a no-brainer and you avoid hour of discussion and arguing.
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Emergency motions as I just found out are just that, for emergencies, like child endangerment. I just picked up my children for vacation, my ex told me she would give me the children's doc's, not photocopies, that is exactly what she did, so I went down to the court house, was told that it was not considered an emergency. I said that we're going on vacation, need the originals for ident and in case a need to goto hospital (Heath Card), nope not considered an emergency, rather a variance (change) of final order.

If there is info you can provide, precedence that I could use or print off. please let me know.
 
I agree with you, my response there wasn't realizing that this was just over a single long weekend. I thought she was making a more severe permanent change to the schedule.
 
After this occurence she is suggesting this now be the new arrangement.

This is largly dues to the summer as when she has them on her weeks she will not be in town, therfore I will not be able to see them.

She says the kids wants this to be the new arrangement because I asked my son what happened to our visit and my ex lied and said I agreed to this. I explained to my older son this was not true.

With you not know the dynamics that have been going on between me and my ex you would not understand.

She lied and manipulated my son and now tries to make me look like the bad guy. This trend has been going on for the whole year.


Mess said:
I agree with you, my response there wasn't realizing that this was just over a single long weekend. I thought she was making a more severe permanent change to the schedule.
Click to expand...
 
Technodaddy said:
After this occurence she is suggesting this now be the new arrangement.

This is largly dues to the summer as when she has them on her weeks she will not be in town, therfore I will not be able to see them.

She says the kids wants this to be the new arrangement because I asked my son what happened to our visit and my ex lied and said I agreed to this. I explained to my older son this was not true.

With you not know the dynamics that have been going on between me and my ex you would not understand.

She lied and manipulated my son and now tries to make me look like the bad guy. This trend has been going on for the whole year.
Click to expand...

I know you quoted Mess. But I can tell you without question, that I do you what you're going though. I've been dealing with my ex for going on 4 years and I can tell you of situations that would make you cringe.
 
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