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Originally Posted by tashy4
So to clarify, the court still maintains jurisdiction, but if the agreement is entered with her signature stating Without Prejudice, the document is inadmissable thus making the order invalid?
If so does that mean the the "agreed" upon plan is invalid and she can then file with the court a new parenting plan once she has the children?
The reason I ask is that the other party is preventing her from having time with the kids. Here is a quote. "Due to your erratic behavior in regards to how you are handling our divorce and custody battle, which decides our children's futures." As a party to the email sent and situation the only erratic behaviour was a last minute attempt to settle without going to trial and when the "offer" was lacking she choose to go to trial.
This is not the first occasion in which time has been denied and she fears it will not be the last.
Thank you all.
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The previous agreed upon plan is not invalid. It remains intact for the present. If she is brought before a judge, however, she can invalidate the contract by not volunteering to contract and this is something that requires study on her part about what this takes. Appearing without a lawyer, pro se, is part of it. Part of it is just pure guts because the legal system is already predisposed to everyone losing and with much intimidation.
She probably will be brought into court again, and more than once. At this point then, she should hope so. If she states to the judge that she does not consent, nor volunteer, to contract then everything with her signature with 'without prejudice' in tandem to that would be invalidated. Then if that is the case, she should hope that her ex brings her back into the courtroom so that all of that nonsense can be dismissed and the children returned to her. This may not be immediate since possession is 9/10's of the law but she could file her own suit then for temporary orders until a hearing for permanent orders.
If she signed 'without prejudice' and this is a divorce and this goes all the way back to inception then this could completely invalidate all divorce proceedings.
Please correct me if I am wrong suijuris...