QLD What Does 'Written Explicit Agreement' Mean?

[Cairns123]

Hello,

Would you mind please telling me what a "Written Explicit Agreement" please is? The sentence is along the lines of no variation to orders, unless prior written agreement with explicit acknowledgement and agreement, then it goes down further to that phrase.

It's on a document about changes to orders and how it can be done and be binding without having to go back to family court or file long term changes to orders.

I am hoping it just means that without it being written a specific way with the wording suggested and both parties agree in writing, then it doesn't count as a variation to the orders.

Thank you for your time

 

[AllForHer]

A written explicit agreement is not a legal document or anything like that, it's just an explicit agreement between the parties in writing.

For example:
A in person: I am attending the wedding of X's aunt this weekend. I understand it's different to the parenting orders, but can I please have X from after school Friday to 5pm on Saturday so he can come to the wedding?
B in person: Maybe, maybe not.
A in person: Okay, I'm going to take that as a yes. I'll collect X from school on Friday.

In that scenario, A would be in the wrong if s/he were to collect X from school on Friday, because a) agreement wasn't explicit and b) it wasn't in writing, so the orders wouldn't be varied for that instance.

However, another example:
A via text: I am attending the wedding of X's aunt this weekend. I understand it's different to the parenting orders, but can I please have X from after school Friday to 5pm on Saturday so he can come to the wedding?
B via text: Yes, that's fine.

In that scenario, there's explicit written agreement.

Does that make sense?

 

[Rod]

'Explicit agreement' in your context would likely have two meanings:

Written terms that are clear and easily understood.
Clear and unambiguous agreement by the other party. (eg 'maybe' does not equal 'yes', 'I'll think about it' does not equal 'yes', only yes = yes)

 

[Cairns123]

That’s great, Thankyou I was hoping that’s what it meant.
I appreciate your time