You`re right that it`s better to be safe and make a deal with my ex-husband for custody of our child. I think it is useful to hire a lawyer so that we can legally return everything we agree. In this way, we can hold ourselves to account if one of us does not take care of our child. It is often the result of compliance conditions — perhaps they have lost their jobs, or have since reintegrated. Anyway, they decided that the agreement was not correct or not enough, and they want something else or often a little more. Many of these clients admit to saying “it won`t be me” or “it`s never going to happen to us” or “they would never do that to me.” They really believed it when they said it, and yet it happened, despite the best intentions.  If the parties do not reduce an alleged agreement to the letter, the court must consider the words and actions of the parties to ascertain whether they warrant an intention to delimit. The credibility of the witnesses will be particularly important; Different versions of events that increase the difficulty of knowing whether the parties have made a good deal opposable: The Sun Hotel – Suites Ltd. v. Soleil Management Inc., 2009 BCSC 1303 at paragraph 328 [The Sun]. The parties, both reasonable, should freely approve the terms of the agreement, i.e. without influence, coercion, coercion or misreprescing of facts. The nephew and aunt accept the terms of the contract without putting pressure on each other and with the intention of fulfilling their obligations. It is interesting to note that question 92 does not mention the existence of such an agreement in writing. Indeed, the FLA has a specific provision that deals with written agreements to preserve the distribution of assets: see 93, the Tribunal can impose or replace such agreements only in certain circumstances. In accordance with Section 95 (2) (b), it is then expected that a court examining the unequal distribution of family property or debt “added the terms of an agreement between the spouses, with an agreement described in Section 93, with the exception of an agreement described in Section 93.” It is clear that Parliament, at page 92, intended to admit oral agreements between spouses. For a verbal agreement to be binding, the elements of a valid contract must be present. To illustrate how the elements of a contract create binding conditions in an oral agreement, we use the example of a man who borrows $200 from his aunt to replace a flat tire. Changes in the divorce decree? It must be sketched, documented and submitted to the Family Law Department. Until men understand the process of divorce, child custody, support and oral arrangements, they will always find themselves at the “short end of the stick”. Never speak for anything, ask them to write it down. From a legal point of view, the evidence of the oral agreement allows, in a legal argument, a legal principle known as Just Estoppel, and that justification protects one party from the harm caused by the wilful omission of another party to perform a legally imposed act of which the party is capable of making law, according to the legal dictionary.
There are certainly pros and cons to this approach, and you should discuss what is the best option for you and your family before putting the pen on paper. If you already have a verbal agreement on child care and/or assistance (or in the middle of setting up a visit plan), contact us to see if child care is the right one for you.