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Old 01-11-2015, 11:38 AM
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Another question....

I have a FINAL, final parenting plan. Signed off by both xAH and I and the judge too.

It seems to be iron clad. There are 3 specific reasons someone can ask for a change to the parenting plan once it is final and they are pretty clear cut.

Anyway, after xAH's contempt attempt on me did not work, he has filed a motion for an expedited hearing on the parenting plan, saying he was not in his right mind when he signed, that I manipulated him into signing it and he wants to withdraw his agreement.

I don't have an attorney so I will have to deal with this myself and I wondered if anyone else has ever had to deal with this kind of nonsense. It's a FINAL order. It should be non negotiable and DONE.

Anyone else have an ex who wanted to go back to court to cry that the order was not valid 1 month after signing it and agreeing to it?
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Old 01-11-2015, 11:48 AM
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I think with the prior domestic violence history, no court is going to buy that you are manipulating HIM.

I'm sorry you have to go to court to respond to such a silly motion, but if I were you, I'd ask the court to sanction him for filing a frivolous motion. The court might not do it THIS time, but if he continues to waste the court's time, my bet is that sooner or later he'll get hit with monetary sanctions. If you were represented, he might have to pay your attorney's fees, but since you are pro se, that won't be an option. He's still wasting the court's time, and YOUR time.

As I said, the court might give him a little leeway this time, but if you ask EVERY time he files some stupid court proceedings, my bet is that eventually the court will put an end to it.
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Old 01-11-2015, 12:16 PM
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Is he still drinking? If so, one argument might be that his state of mind has not changed, whether sane or not. He is in no better position to give childcare or to negotiate what form it should take. At least, no dufferently from his up to it he was when it was signed.
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Old 01-11-2015, 12:17 PM
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Also, if he wasn't of sound mind then, then perhaps a new parenting plan should be drawn up to grant you sole custody and limit his time with them if he is prone to such severe mental instability as to not be able to make sound decisions.
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Old 01-11-2015, 01:31 PM
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So, is it pretty unlikely that a court would overturn something he signed and agreed to?

I thought once this was all signed and done with it was DONE.

If he can make me go back to court endlessly it is just never going to end...
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Old 01-11-2015, 02:32 PM
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WTBH, here's a little something maybe you never knew about the law. ANYONE can sue ANYONE for ANYTHING. It is almost unheard of for the courts to bar the door to the litigant. I've seen it happen when some nut has filed the exact same thing 20 or so times, but usually there is some allegation that, if there were some merit to it, MIGHT mean they were entitled to relief.

Even people who have immunity from suit can be dragged into court. The case will be dismissed, but the suit can still be filed.

So yes, highly aggravating, and an abuse of the process, which is why you want to point that out every time he does it. Sooner or later the court gets onto the fact that he is getting his jollies by abusing you this way. The sooner you put it on the record and point it out, the less patience the court will have with him. If he starts getting fined for it, or locked up for contempt for it, then he might start to think twice about continuing with this sort of thing.
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Old 01-11-2015, 02:47 PM
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give someone enough rope, and eventually they will hang themselves.

So he wants to go to court and say when he signed that agreement he was not of the right mind ? That in itself speaks volumes.

Judges are not stupid, this is not their first rodeo.

he's opening his own can of worms here.

Stay calm and focused, you got this.
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Old 01-11-2015, 03:37 PM
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My final order is in the court for signing as we speak.
XH has already threatened to take me back to court but my understanding is that unless something changes dramatically which calls for change then no it won't be accepted back.Eg. Change of job, city etc.
I think your ex will only do more damage for himself by trying to do so.
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Old 01-11-2015, 07:55 PM
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Did you both go in front of the judge? Did the judge ask if either of you were being coerced, threatened, etc...? I know our judge did when we were dealing with our custody/visitation agreement and my attorney made sure everything was done in court, in front of the judge for that very reason. My ex was in treatment for addiction and was also a war veteran with serious PTSD and an array of other issues. My attorney made a point that we did EVERYTHING in front of the judge for this very reason...so he couldn't turn around at a later date and say he wasn't of sound mind, was coerced or whatever other reason he could have come up with.

I don't think he has a leg to stand on.
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Old 01-11-2015, 09:38 PM
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I think it was Lexi earlier on your other thread who said he seems like the kind of idiot to screw it all up for himself on his own. And she would be correct. Let him go to court and show just how stupid he is. I can't believe his attorney would let him go back and say he wasn't in the right mind the first time around. Talk about shooting yourself in the foot.

In my business law class I'm currently researching a case that has had six separate incarnations in court, just with slightly different wording for each suit. Same outcome every time, but the litigant isn't getting the message (they don't have a leg to stand on and won't see a penny). So yes, he could keep it up, but I doubt he will.
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Old 01-11-2015, 09:43 PM
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My ex moved just to refile. Don't underestimate his insanity.
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