QUESTION
Can he void a separation agreement now that he doesn't like it?
Asked on Oct 10th, 2013 on Child Custody - Virginia
More details to this question:
My husband and I executed a separation agreement in which i would move out of state with my son and enroll him in another school while we tried to sort things out (it was financially the only viable option - i moved in with family). It was signed by both of us only. I am getting the feeling now that he is regretting this. Can he force me to move back to the state he lives in - regardless if either of us can afford it or not?
1 ANSWER
1 Award
A separation agreement signed by both parties is a binding contract which will be given great deference by the court. However, the court maintains jurisdiction over issues regarding the minor children when it comes to spousal support and custody or visitation. Your husband would have to demonstrate to a court that there has been a material change in circumstance since the time he contracted with you to allow the children to move with you to another state. If your husband files, you will want to submit the agreement to the court and ask that is be incorporated into a court order.
Answered on Oct 18th, 2013 at 3:45 PM