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Parenting Agreement Order. No court and no witness to signing. Legit?

14 replies

Goldenmoonwhitesun · 05/02/2019 22:47

A Parenting Agreement has been drawn up by parent B’s solicitor to make changes to a child’s residency. It has been sent via email to parent A. It states a set of terms that parent A plans on editing/amending and will take legal advise to do this.

Parent B is keen for Parent A to sign now on their terms. What’s to stop parent B from downloading the document and signing it themselves?

On the document there is no room for a witness signature(s) and the Parenting Agreement has been sent via email to a general gmail address. Ami right in thinking this isn’t very secure or legit- or it seems legally binding?

OP posts:
Goldenmoonwhitesun · 05/02/2019 23:04

To be clear: on the agreement there are two signatures required for parent A and parent B. No witness(s) signature required. It’s to be signed by parent A and emailed back to parent B’s solicitor.
Does this sound legit? Couldn’t the other parent fake sign the other parents signature in this instance? I would assume there would need to be witnesses to make it legally binding to stop this from happening?

OP posts:
combatbarbie · 05/02/2019 23:24

I would not touch that with a barge pole!!

Jon65 · 05/02/2019 23:39

Because it would be fraud . . .

Goldenmoonwhitesun · 05/02/2019 23:40

combatbarbie That’s what I’m thinking. Doesn’t seem secure or legit? Why would a solicitor draw up a doc in this way.

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Goldenmoonwhitesun · 05/02/2019 23:46

Jon65 unfortunately, I’m not sure if that would deter Parent B.

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Doyoumind · 05/02/2019 23:47

Parenting agreements aren't legally binding. They are just agreements, even if a solicitor has been involved. Not an expert, by the way.

Goldenmoonwhitesun · 06/02/2019 00:05

Doyoumind yes, that’s what I thought. But the solicitor has stated it’s legally binding. Although I’m assuming if it were to be legally binding a witness would be required for signing?

Legal advice is being sought. Although Parent A is concerned that Parent B could fraudulently sign the agreement in the meantime before the changes are added.

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prh47bridge · 06/02/2019 00:17

A parenting agreement is not legally enforceable. Fraudulent signing by parent B therefore won't achieve anything.

It is fairly normal for parenting agreements to be signed by just the parents with no witnesses. See, for example, the template here.

Goldenmoonwhitesun · 06/02/2019 00:29

prh47bridge ah thanks, that would explain why there’s no signature for a witness. I’m confused as to why the solicitor stated it was legally blinding. Is there a difference between ‘legally binding’ and ‘legally enforcable’ Excuse my ignorance on this subject! Thank you for all your replies Smile

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prh47bridge · 06/02/2019 09:42

I wouldn't describe a parenting agreement as legally binding. It can become legally binding if it is turned into a consent order. For that to happen the judge has to be happy that your agreement is in the best interests of the child, that you both agree to the order being made and that it needs to be made into an order. If the agreement is turned into a consent order it is legally binding and can be enforced. If the agreement is not turned into a consent order it is simply a record of what you have agreed and cannot be enforced.

nevernotstruggling · 06/02/2019 10:07

It's not a court order so it isn't binding. Unless you're not in uk?

Goldenmoonwhitesun · 06/02/2019 21:52

prh47bridge thanks for the information. That’s very informative. There’s no word of it becoming an order. I wonder if the solicitor would have to state whether an order would be made from it. As he has not done this.

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Goldenmoonwhitesun · 06/02/2019 21:53

nevernotstruggling yes, all parties are in the U.K.

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prh47bridge · 07/02/2019 00:07

It wouldn't be turned into an order without your knowledge.

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