Ask Experts Questions for FREE Help !
Ask
    mark1275's Avatar
    mark1275 Posts: 3, Reputation: 1
    New Member
     
    #1

    Mar 7, 2008, 12:34 PM
    Signing contact agreement
    Don't know if anyone can help, but I signed a contact agreement with my ex over the children. Not a problem in itself, unfortunately, it was handwritten by her solicitor and contained an error that is to her advantage.
    Due to the magistrates insisting that we come up with something quickly, otherwise they would impose an order, it was rushed and by the time it was drafted, left me with only 2-3 minutes to sign before we had to go back into the hearing.
    Ahead of the actual official typed document coming through for me to further sign, do you think I have any reasonable chance of changing what is worded ? Could this be seen as signing under duress ? A simple mistake which could be changed (I doubt she will want to)
    Or am I stuck with having signed a fairly illegible document.
    Thanks.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #2

    Mar 7, 2008, 01:54 PM
    Quote Originally Posted by mark1275
    Don't know if anyone can help, but I signed a contact agreement with my ex over the children. Not a problem in itself, unfortunately, it was handwritten by her solicitor and contained an error that is to her advantage.
    Due to the magistrates insisting that we come up with something quickly, otherwise they would impose an order, it was rushed and by the time it was drafted, left me with only 2-3 minutes to sign before we had to go back into the hearing.
    Ahead of the actual official typed document coming through for me to further sign, do you think I have any reasonable chance of changing what is worded ? Could this be seen as signing under duress ? A simple mistake which could be changed (I doubt she will want to)
    or am I stuck with having signed a fairly illegible document.
    Thanks.

    Where was your Attorney/solicitor during all of this?

    If I read this correctly the Magistrate accepted the handwritten agreement (mistake and all) and, therefore, did not issue an Order. I would "think" that if that is NOT the agreement you intended, signed or not, you would have to go back into Court and let the Magistrate rule as apparently you and your Ex cannot agree and the Magistrate did not rule based on the agreement. Your Ex has no reason I can see to consent to the drafting and presenting of a new agreement if this agreement (which apparently has already been presented to the Magistrate) favors her.

    Once you signed it you had a valid agreement - whether you read it or not.

    I don't think the Court will buy the duress argument and I don't know what you mean about a fairly illegible document - ? Is it illegible or is it wrong? If it got read into the Court transcript in any way - which it would "here" - you are stuck with it until you re-open the matter.

    (Obviously incorrect names and so forth are different than agreements.)
    youcantstop48's Avatar
    youcantstop48 Posts: 152, Reputation: 16
    Junior Member
     
    #3

    Mar 7, 2008, 01:57 PM
    I would consult a lawyer, or if there was one present then talk to them, I went through this in my divorce!!
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #4

    Mar 7, 2008, 04:20 PM
    What was it that changed ? That's what you need to consider. Was it something that changed time with the children or an amount of support ? Maybe it can be changed before you sign it after it has been typed. So long as it was a mistake I don't see a lot of hassle but if it was an oversite on your part that now in hindsight you regret making that's a different situation altogether.
    mark1275's Avatar
    mark1275 Posts: 3, Reputation: 1
    New Member
     
    #5

    Mar 7, 2008, 04:40 PM
    The error was Thursday being substituted by Tuesday, and believe me when I say that with the handwriting it's difficult to see it as either. Nothing transcribed in court, so only the handwritten document to go by. I may just have to go with the fact that I was duped, I still get to see my children half the time now, on a different day, but it wasn't what they wanted. Didn't use a lawyer, the last one had most of the divorce settlement, and I did well to get where I did with the contact issue, just may have stumbled a bit at the finish line !
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #6

    Mar 7, 2008, 08:26 PM
    If this was what was meant, have you merely asked your ex, to allow this change, and have her attorney make that change and submit it to the court ?

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Signing custody agreement without a lawyer? [ 3 Answers ]

My five year old daughter father and I were never married. When my daughter was six months old, I lost the house I was renting, I lost my job, I lost pretty much everything. I asked my child's father to help me out by taking her a little while so I could get back on my feet. He lived about ten...

Signing Over Rights [ 5 Answers ]

Ok, my boyfriend and I are going to be having a baby in a few months. He has two other children from a previous marriage that he never gets to see and does not have to pay child support on. He wants to see them but confrontation with there mother makes that impossible. His ex-wife is now dating...

Co-signing [ 7 Answers ]

A friend aked if I would Co-sign for him on a six hundred thousand dollar home because his credit score is below seven hundred. If I did this, what would my legal obligations be. Can I go back a revoke at any time.

Signing Off [ 1 Answers ]

I filled out a paper that said I will drop child support if my ex sign's off on our son. The papers state that he will never have contact with me or my son again. He signed it, and I signed it. Will this hold up in court? Is it legal? Thanks, M:confused:


View more questions Search