Thermopolis, WY asked in Family Law and Child Custody for Texas

Q: How do I prove that an agreement 11 has been revoked

It's is for a custody case and it was revoked before the judge signed it and there aren't any prior orders nor new ones

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1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Divorce Lawyer
  • Frisco, TX
  • Licensed in Texas

A: As phrased, the question is non-sensical.

When the parties / attorneys enter into a Rule 11 Agreement, nothing happens until one a party asks the court to enforce the Rule 11 Agreement in some fashion. The other party then may communicate to the court that he/she is revoking their consent to the Rule 11 Agreement. The court would then enforce the Rule 11 Agreement as a contract between the parties unless the court, after hearing evidence, determined that grounds exist that would support a revocation of a contract. If such grounds exist, the court would deny the motion to enforce with findings as to why.

Either a judge enforced the Rule 11 Agreement and entered an order accordingly, or the judge declined to do so and entered an order accordingly.

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