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Moosepoop

(2,075 posts)
8. I don't think breach of agreement is the issue.
Fri Apr 21, 2017, 11:17 AM
Apr 2017

I'm no attorney, but my impression is that the procedural pipeline has been firmly established already.

Breach of the settlement agreement would only apply to money/property issues, not the custody of the children, and even then there are procedures to deal with enforcing those issues specifically.

Either party can move to modify the original custody order (even if it was by agreement), and one did. Any case stays in its original jurisdiction, and so this case has the same judge who ordered the original arrangement. She is apparently OK with the request for modification of the custody order and with the request for a jury trial on the matter. She is presiding over the whole thing, and would not have seated a jury if she didn't think the case should be heard this way.

I'm curious as to why the mother settled for the present arrangement in the first place. A mother only having limited, supervised visitation? What would have compelled her to agree to that?? The father claims that she's "unstable" (pot meet kettle, IMO), and apparently there was something that made the mother capitulate to that claim to a great extent. Was it fear of his money possibly winning out and she could lose ALL access to her kids? I just can't understand why/how she ended up with such limited access to her kids in the 2015 divorce. ??



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