View Full Version : Time between paper signing and prove-up in IL
two_kids_mum
May 7, 2009, 04:01 PM
Hi can anyone tell me if any changes can be made to the Joint Parenting Agreement, and the Marital Settlement documents once they have been signed and you are just waiting for prove-up?
I ask this because my ex is acting weird and I fear that he will try to change what we agreed upon.
There isn't a whole lot he can do right?
stevetcg
May 7, 2009, 05:02 PM
Not without you agreeing again, no
two_kids_mum
May 7, 2009, 05:29 PM
Can you think of any circumstances off hand that would change that? He gets the kids for the first time since the split and I worry that he won't return them, even though I have primary physical custody.
stevetcg
May 7, 2009, 05:30 PM
If he doesn't return them, he gets arrested, spends some time in jail and loses visitation... so don't worry too much about that.
two_kids_mum
May 7, 2009, 05:33 PM
Awesome, thanks, I do have an e-mail into my lawyer as well, but the nerves are getting to me a bit.
I appreciate your reassurance, and it is awesome you are a good Dad!
ScottGem
May 7, 2009, 05:39 PM
If changes are made to a signed copy, they have to be initialed by both parties.
If the agreement awards you primary custody and he doesn't return the kids a warrant is sworn out for his arrest.
two_kids_mum
May 7, 2009, 08:00 PM
So the way you all understand it is that the prove-up is just a formality and the papers are where it is all at, otherwise why sign the papers right?
ScottGem
May 8, 2009, 05:29 AM
So the way you all understand it is that the prove-up is just a formality and the papers are where it is all at, otherwise why sign the papers right?
Actually, what happens is that the parties agree outside of court, sign the papers, then the judge approves the settlement. However, its possible, though rare that the judge will not approve the settlement and send it back to the attorneies for some reason.
two_kids_mum
May 8, 2009, 05:34 AM
So it comes to my original question, those papers are pretty much it right? No going back!
ScottGem
May 8, 2009, 05:39 AM
Not quite. Either party can recant their signature and ask for a postponement. But the papaers cannot be submitted to the judge with any changes unless they are initialed by both parties.