Asked in Child Custody, Child Support and Family Law for Missouri

Q: Do you legally have to do what a notarized agreement says? Or is it just a piece of paper?

The other parent does not want to abide by the agreement. The agreement has not went through court.

1 Lawyer Answer
John Michael Frick
John Michael Frick

A: The downside to not going through court to get an agreed court order is that your agreement cannot be enforced by contempt of court.

You can sue for damages or for specific performance, but most parental agreements involving children are more a matter of getting on the same page with parenting and do not give rise to damages.

Given how long court proceedings for damages or specific performance take until a final judgment is made, most disputes are moot long before then.

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