General Question

trailsillustrated's avatar

Would a notarised personal agreement hold water in a court of law?

Asked by trailsillustrated (16804points) January 19th, 2010

My daughter is coming to live with me. Her father and I have negotiated a personal agreement between us. He will not put her on the plane until I send him this signed, notarised agreement that I will not seek custody for one year. ( and some ridiculous conditions, too) – she is so desperate to leave and I am so worried about her I would sign anything. She has told me of incidents of drinking and violence in their home, so I do plan to sue for custody. Could this agreement that I signed be given much weight?

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15 Answers

Simone_De_Beauvoir's avatar

I sure hope so, because I made an agreement with my ex husband that we got notarized raising his child support payments. Of course I don’t know for sure.

kheredia's avatar

Well I think that’s the whole point of getting a notarized document but if you end up going to court I’m sure the judge will side with you if you feel that your child is in danger. After all, the most important thing is the well being of the child.

tinyfaery's avatar

Typically, yes. However, if you can prove that you were under duress and scared for the safety of your child when you signed, a judge is likely to call the agreement void.

CyanoticWasp's avatar

No, if it’s signed under duress. Sign anything to get your daughter safe, then get an attorney and see the bastard in court.

marinelife's avatar

Yes, it is a contract. Tell him that you will not sign it, and then call child protective services in his state about the behavior that your children have told you about.

trailsillustrated's avatar

@Marina I can’t – they are over seas and I need to get her out now. I’m going to take my chances. thanks, evabody

phil196662's avatar

The Girl is Under Eighteen? Perhaps an Unhealthy Living Situation! Camera, Camera, Camera- record those incidents and then show them to the Same Attorney that is looking at that agreement. Then Take action and when he goes to court for arraignment have the attorney bring it up and perhaps add some charges that will give you leverage and avoid that silly thing he wants…

trailsillustrated's avatar

@phil196662 thanks- I already sent it- (I’ve made copies of everything they’ve told me, ( he doesn’t know I know) I’ll bring it up at the pre-trial

YARNLADY's avatar

The Notary Public has sworn by their seal that the people who signed the agreement are indeed who they say they are. That is all. Having a document notarized does not make it more legal.

For the agreement to stand up in court, both people have to say they did agree to it, and the agreement shoudl not unduly favor one over the other. The court wants to uphold the fair rights of all parties involved.

trailsillustrated's avatar

@YARNLADY thankyou, the agreement is pretty one-sided and sort of crazy sounding, but whatever, I signed it, just to get her on her way

Buttonstc's avatar

Fwiw. I think you did the right thing. Your instincts were telling you to get her out of there asap so it’s good that you followed that. A Mother’s instinct is a powerful thing.

When you do file for custody and this agreement is brought up, you can rightfully claim that you were unaware of the extent to which she was endangered by being in his care. I’m pretty sure that there will be many more unsavory details as she confides the truth to you now that she is out of there.

Drinking and violence are definitely counter productive to a safe home for any child and since she is old enough to tell this to a judge, I’m sure that will carry much more weight than a piece of paper.

trailsillustrated's avatar

@Buttonstc thankyou so much for your always good sense. I have many instances of violence which they have described to me on messenger, which is saveable and I have copied- rages where he has thrown and broken their computers, phones etc. also hitting and shoving. He doesn’t know what they talk to me about, and he has told me he (their father) will bring up my bad acts from 5 years ago again, ( well documented and everybody knows about it) but I think the court will be more concerned about right now.

Buttonstc's avatar

As long as whatever happened five yrs. ago is no longer operative, you’re absolutely right.

His present behavior which you’ve described is far more germane to the children’s well being.

Just make sure you get a top notch lawyer who isn’t afraid to be a shark on your behalf when necessary.

Keep us updated and let us know how it’s going. My
thoughts and best wishes are with you.

trailsillustrated's avatar

@Buttonstc thanks- yes I have a very good lawyer- she’s a barrister-she helped me sue to see them 3 years ago

ShoulderPadQueen's avatar

im not a legal expert at all, but yeah i would say thats pretty solid as far a legality.

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