Weird scenario in family law

hickory99

Looking to clarify something in family law. Sorry I know its a little long winded,, i hope i;ve made it as clear as possible.

If for example, a judge in a district court signs off on something that you've been told you've "agreed" too. So you leave the court and decide to appeal it since the "agreement" was more so between the other party's solcitor and the judge rather than between yourself and the other party (for arguements sake you don't have a solicitor but the other party does - in this scenario say its a couple seperating). So you leave feeling bullied and intimidated and decide to appeal it and get a solicitor for the next hearing in the circuit court.

You go in to apply for the appeal in front of the original judge and the other party's solicitor is going mad and asking the judge to force you to sign over in this case a certain amount of money from a joint account. The judge says he cannot do that. You stand up and aks the judge if you may offer your explaination as to why you are appealing it. The judge tell you to be quiet or he'll hold you in contempt of court for not following said "agreement" and then turns to the other partys solicitor and recommends that they sue you are falling back on it and offering no explanation - crazy i know. but anyway he signs off on the appeal and sends it to circuit court to deal with.

My question in all this is, can you be sue for not following an "agreement" you never agreed to in the first place if you don't follow it whilst in the appeals process?

PCPhoto

I don't have any legal expertise but I think maybe the judge had a point - if you were in court and an agreement was agreed then you are technically bound by the "agreement" - if however you decide to change your mind as you are well entitled to and have done, then you would be in breach of the agreement but any action concerning this would have to be adjourned pending the outcome of the appeal.

basically - nothing can happen until after the appeal - if you are successful following appeal then they didnt have anything to complain about - if you are unsuccessful following appeal then they have already won and are unlikely/unable to punish you further - to the best of my knowledge.

hickory99

Yes my big issue is say that you DIDN'T agree in the first place, say that the judge is reknowned for being bias and did not let you speak. say antime you did try to speak you were threatened with being held in contmept of court.
Thats why I was saying that the agreement was made between the other partys solicitor and the judge - say you didnt get a look in at all.

kmick

What does your solicitor say? Sounds to me like it was on "Order" reather than an "Agreement". That is you were ordered to pay it rather than agreed to do so.

hickory99

Not it was not a court order - Its an "Agreement" and didnt have a solicior

partyguinness

"Agreements" are incorporated into a Court Order on a regular basis. If both sides come to an agreement for, say access and maintenance for example, then the Judge will make an Order and the Agreement will be attached to the actual Court Order.

Ask the District Court Office for a copy of the Order.

OP...just spit it out as explaining the exact details will be far more helpful.