How do I withdraw from an agreement that the judge as not yet signed?

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How do I withdraw from an agreement that the judge as not yet signed?

I want to stop and withdraw from an agreed order concerning child visitation/child support that I did not legally understand. The judge has not signed off on it yet.

Asked on July 22, 2012 under Family Law, Arkansas


Brad Micklin / The Micklin Law Group

Answered 11 years ago | Contributor

You should write a letter indicating that you no longer intend to be bound or to agree to the original terms. You should indicate that the original terms are not or no longer considered by you to be in the children's best interest. Although it is difficult to set aside an agreement, any agreement regarding children must be in the children's best interest. Additionally, courts are not bound by the parents' agreement when it comes to issues about children because the courts have a superseding interest in protecting the children of their own state.

You should speak with an experienced attorney who is familiar with these areas of law.

Good luck.


Brad M. Micklin, Esq.

187 Washington Ave., Suite 2F

Nutley, NJ 07110


This information is based on New Jersey law and upon the limited facts you presented. My advice may be different if I find that the facts presented are different.  Additionally, this answer does not contain any confidential information nor does it create any attorney/client relationship. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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