Q: Ex broke 3 written agreement regarding parenting time and per the final order written agreements via email are
binding and contemptible. With that track record I said because he’s broken 3 written agreements that I can understand that we will also not keep a 4th agreement. The 4th agreement was made at his request and now demands I honor this request even though he did not keep the previous three. I could file a contempt on him going back on his agreements for specific performance of the agreement. It takes 5-8 months to get a hearing at this point on a low priority contempt action. I’m sure if I file a contempt my ex will look under every rock for something he can file a contempt on.
Or I can say we won’t be keeping the 4th one either. Should I keep the 4th agreement even though he’s broken the prior three?
Ex could file a contempt on the 4th agreement even after he went back on the three other agreements. If so will this make me look bad for going back on an agreement after he went back on 3?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Georgia
- (770) 723-7211
- View Profile
- Answered
A: If the "agreement" become a Court Order, you can file a contempt if it is not being followed, or has not been followed. It sounds like he is in contempt so seek the assistance of the Court. Don't wait for him to tell the Court you are in contempt before you tell the the Court he WAS in contempt. It may sound "preachy" but two wrongs don't make a right. Seek the assistance of the Court to enforce it's order.
Regina Irene Edwards agrees with this answer
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Georgia
- (770) 854-0777
- View Profile
- Answered
A: Don't disagree for the sake of disagreeing. Whatever the 4th agreement is, if it won't kill you to keep the agreement, then do so.
A: If you want to agree for the 4th time go ahead and see if your ex follows through this time. However, if the person is not abiding by a court order then you can file contempt at anytime. Work with an attorney who can help you with the process.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
