A Joint Parenting Agreement can be an excellent tool for settling disputes between spouses. The Agreement spells out each party’s rights and obligations, hopefully preventing a return visit before a Judge.
Nevertheless, an Agreement must be carefully drafted, or you might be forced into a situation that you later regret.
A recent Illinois Supreme Court decision held that a Joint Parenting Agreement is a contract and will be enforced, even if one party later changes their mind. In http://www.state.il.us/court/Opinions/SupremeCourt/2012/113474.pdf>In Re Marriage of Coulter</a> , a husband attempted to stop his wife from moving the children to Australia. The Joint Parenting Agreement, however, allowed the wife to do so. The husband argued that the Court had not determined whether the move was in the best interests of the children.
The Illinois Supreme Court disagreed. The Court reasoned that the Joint Parenting Agreement was a negotiated agreement, entered as part of the divorce judgment. The terms implied agreement had been reached regarding the best interests of the children. The Agreement would thus be enforced.
Does that mean you can never change a Joint Parenting Agreement once entered by the Court? Not completely. The Supreme Court held open the possibility that the husband could still modify an Agreement if there has been a change in circumstances. See our related blog at http://childcustodylawyerchicagoil.blogspot.com/2012/04/can-i-change-custody-of-my-child-after_24.html
The issue of parenting agreements can be extremely tricky with many land mines along the way. If you have questions about an agreement or other child custody issue, you should speak with an experienced family law attorney. An experienced attorney can help present your case in its best possible light.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
