Q: My son signed a mediated settlement agreement he was uner duress and felt that he had to sign because he had arrest for
Misdemeanor possession of controlled substance they want urine and hair follicle test before he can visit his kids is this legal
A: Generally, mediated settlement agreements are binding on all parties who signed the agreement. With the limited information provided it is probably unlikely that he can get out of that agreement.
A: A properly prepared an executed mediated settlement agreement is extraordinarily difficult to challenge. A parent who has been a victim of domestic violence perpetrated by the other parent in the past and and who signs an agreement because they continue to feel intimidated is allowed to challenge a mediated settlement agreement. If fraud is committed to obtain the signature (i.e. bank statements are produced which say an account has $10,000, when it instead has $100,000) you may be able to challenge an MSA, or sue for fraud even if the MSA is upheld. However, in the situation you are describing, your son was concerned about the effect his criminal proceedings would have on the civil matter. Fear of doing badly in court will not invalidate a mediated settlement agreement. Requiring drug tests for visitation is common in the family courts. I have entered dozen of such decrees myself.
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