QLD Legal terms of an agreement

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Cairns123

Well-Known Member
16 January 2018
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My ex and I had agreed on a whole host of things for a number of years after separation. I have evidence of them all as it worked until divorce and then bam, the lot stopped.

at trial, is this considered a parenting plan, is there weight in years of things happening or should I just drop it.

These things directly involved the kids - either money, school, medical, and other stuff. the consequences when they stopped abruptly without notice could not be explained on paper, but the kids fell apart. Its documented what happened and the reactions of the kids.

But is an agreement, something that is usable in court if its not signed and dated. Bank Statements, electronic communications, medical records and witnesses all can verify the agreements and the affect on the kids in particular when they stopped.

What does it mean in a legal sense. The sudden broken agreements cost me a tens of thousands, it cost the kids a lot more in emotional damage that has taken a couple of years to around.

We go to trial this year, I don't know how to address this, or if I should just drop it.
 

AllForHer

Well-Known Member
23 July 2014
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What relevance does the past have to the future care arrangements of the kids though?
 

Cairns123

Well-Known Member
16 January 2018
89
3
289
I guess that is two fold

1. That the agreements were in place, actioned for a long period of time. I am wondering if the weight of this is the same as Parental Agreements that are jointly signed? Is there a recourse when someone unilaterally breaks agreements that are verbal and can be proven in statements and emails? Am I able to claim some of the money owed back?

2. To show that unfortunately that unless orders are very specific, then agreements between the parties are a waste of time.

The Judge thinks agreements that are in writing are part of the orders, but my issues with agreements in email or even through parenting forums such as our children, have been broken and I am seeking orders that are specific because of the inability of the other party to stick to agreements.

Sorry that sounds vague, I know asking for very specific wording is annoying and looks controlling, but for years it was fluid and worked, then divorce and all of a sudden it all changed. Its only one way and if I try and say no, we agreed to such and such and copy in the agreement email, it gets ignored and I have to agree or the children are put in the middle and I do everything I can to prevent that as none of this is their fault.
 

sammy01

Well-Known Member
27 September 2015
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Unless an agreement is stamped by the court as court orders or consent orders they are not binding. Simple. An agreement is just that.. But it is something that one person can and is entitled to choose to change and no longer agree...
 

Cairns123

Well-Known Member
16 January 2018
89
3
289
Thanks. I thought the same, but before I chased the rabbit down the wrong hole I would check.

so when the Orders state "unless otherwise agreed in writing" the agreed in writing part doesn't count? do we have to set agreements stamped each time?

The other party refused to joint consent orders being filed and only would say agreements in an email. I even offered to file to save the costs involved once it wall all agreed in writing.

sorry, the trust has been shot, I am just trying to figure how to move forward with the final orders so that agreements in writing are legally binding even if they are not filed and stamped - or doesn't it work that way ever?

Be nice to be able to flex again as the kids need, but the kids and I have both been burnt too many times to flex an eyelash at all without Orders signed and stamped even if it was the other parties idea in the first place.
 

sammy01

Well-Known Member
27 September 2015
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No agreement is binding unless it is stamped by the court. Simple. The agreemnt can be temporarily varied. So my order say the kids go to the other parent at noon on Saturday... We we both agree, the kids can be dropt off at a different time as a one off.

You want concrete defined rules? Go to court and get a magisytrate to give them to you.