CAN I BACK OUT OF A STIPULATED CHILD CUSTODY JUDGMENT?

I frequently receive questions from people regarding their family law issues. The following is a question which I was authorized to publicly reveal, and my answer to the question:

QUESTION: Can I appeal our child custody legal agreement? If the parties came to an agreement and a Stipulated Judgment was signed and filed with the Court, is it possible to file an appeal and take the matter back to court?

ANSWER: You can't appeal a Stipulated Judgment, but under certain circumstances and within specified time limits, you can file and serve a motion to set aside the Judgment or part of the Judgment.

If you entered that Stipulated Judgment under duress, you must bring a motion to set aside the Judgment (or a portion of the Judgment) based on duress within two years of entry of the Judgment.

If you entered that Stipulated Judgment by mistake of law or fact, you must bring a motion to set aside the Judgment (or a portion of the Judgment) based on your mistake within one year of entry of the Judgment.

However, a Stipulated Judgment may not be set aside simply because you have changed your mind, or because the Judgment was inequitable when made, i.e., "cold feet" are not grounds to set aside a Judgment.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |