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Originally Posted by tashy4
I apologize if this has been brought up before, I have done a search and have not found a clear answer. First off the details.
I know of someone who is currently in a custody battle the children have resided with the father at this point for 18 months at the time the divorce/custody paperwork it had only been 8 months. Due to the issues that they reside in different states. Now the issue is her lawyer has just resigned her post and the other sides lawyer is trying to force her to sign a settlement, which she does not agree with, while she does not have proper legal representation.
So my question is if they send her paperwork and the court states she will be in contempt, which is a threat being made by other lawyer, when she signs it and states "without prejudice" UCC 1-308 on it by her signature the agreement is not binding and she can fight it once she hires a new lawyer is that correct?
Another question if she signs as such and it gets submitted and implemented via the court since she would have the UCC on there would she in turn be able to file a new motion for custody in her state? Since the court would have technically considered the case closed and no longer have jurisdiction, or would she still have to do it in the state they currently reside?
Also regardless of where she files a new motions she would have to wait until she gets them for the summer, so basically the question is once again, since the "agreement/settlement" is non binding at that point she can in turn do this right?
Thank you for any assistance I am eternally grateful.
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Let me give you my opinion as I haven't seen anything like what I think written here.
No 1. How can you be in contempt of court without the court issuing an order?
No 2. Does the court or the opposition lawyer have the ability to compel you to contract?
No 3. Is this letter from the lawyer, an abuse of the court? Attempted mail fraud? Is it also something that could have the lawyer struck off?
If she chooses to sign, then she should sign it as 'Under duress' or ' Undue influence applied', something to annul the agreement from the beginning.