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My MAN divorce decree includes a parenting plan. My ex

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husband and I agree to...
My MAN divorce decree includes a parenting plan. My ex husband and I agree to make a change to one item in the parenting plan which will not change parenting time. The plan states wife and husband will live within 10 miles of each other. We are agreeing to remove this language but maintain everything else. Our decree and plan states wishes and husband agree that they can modify the parenting plan by executing a written and notarized agreement. Their desire and intent is to have these notarized agreement be recognized as legally binding by the court. They understand this parenting plan will be in effect and will legally govern any dispute until they submit their changed to the court and the court subsequently issues a new court order reflecting the changes. Does this mean our notarized agreement would be legally binding over the prior agreement or would we still need to go through the court system?
Submitted: 10 months ago.Category: Family Law
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7/28/2017
Family Lawyer: originallawyer, Family Law Attorney replied 10 months ago
originallawyer
originallawyer, Family Law Attorney
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Experience: 9+ years of experience in divorce, custody battles and mediation.
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Customer reply replied 10 months ago
The prior message should say Minnesota not MAN
Family Lawyer: originallawyer, Family Law Attorney replied 10 months ago

It sounds like basically in your original order that you agreed that you would sign a notarized affidavit of any changes you made, but if a disagreement came up, the original court order would remain in place until you formalized the change in the court system. The notarized agreement could be used in court as evidence of a binding contract.

That being said, if you and your ex are in agreement, technically you don't have to change the court order. You would only change the court order if you wanted to be certain that neither one of you could go back on the agreement to be able to live more than 10 miles apart. A change like this that was agreed to would not be hard to get through the courts. It would be something along the lines of filing a petition to modify and then presenting the Judge with the new order for his or her signature.

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Customer reply replied 10 months ago
As a follow up, if we simply made the notarized agreement to modify the plan and he later went back and I was living more than 10 miles away, would I be at risk of being charged with violating a law? Or is it sufficient to have the signed agreement in place and if he went back on it, the court would consider this change to the plan appropriate?
Family Lawyer: originallawyer, Family Law Attorney replied 10 months ago

You wouldn't be at risk of violating a law, but he could try to hold you in contempt of court for violating the agreement.

However, the fact that he signed a notarized agreement stating that you could move would be your defense. So I think a Judge would say, "If you didn't want her to move, why did you sign a document saying that she could?"

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