Can the court decline to enforce a divorce rider? particularly if it is unreasonable Admittedly due to my own negligence a rider made it into my final divorce agreement that I'm trying to fight. My SO is not allowed in the presence of my children. I agreed to that in the temporary agreement ONLY and it carried over because I didn't speak up. We have an enforcement hearing today and for the following reasons I'm going to argue that it is unreasonable. There is no safety concern for the children. We both live in the same town and can end up at the same store. Our kids are roughly the same age and therefore could end up at the same park/school. The kids are with me 12/14 nights. Is it a possible outcome that the court declines to enforce the motion? or am pretty much going to have to take it now and wait for the modification hearing (still waiting to be scheduled)?
Usually, an attack on the validity or prudence of the underlying order is not a defense to court action to enforce it. Usually, the only exception would be when it was impossible, or practically impossible, to perform the court order for some reason. You could seek to modify the order, but that would be prospective in effect only and usually isn't granted unless there has been a change in circumstances since the original order was entered. You could also bring a motion to set aside judgment (usually this has to be done within six months of entry of an order) on the grounds that this provision was included only due to mistake or irregularities in the process or excusable neglect. But, that only would have only prospective effect.
The statute in question is section 26708 (13)(B): A vehicle equipped with a video event recorder shall have a notice posted in a visible location which states that a passenger's conversation may be recorded. It doesn't require it be visible to all passengers and doesn't make any provision for visually impaired passengers. I am not licenced to practice in California but know of no cases clarifying how "visible" the notice needs to be. I wouldn't suggest trying to hide the notice, though.
A settlement is fundamentally a contract where parties A and B promise to do certain things (one of them being "stop litigating"). A court order is an enforceable order to do something. A contract cannot be directly enforced (where force is used to make a person comply), it requires a court order for actual enforcement. The conditions of a contract might be enforceable, but you can't get the sheriff to come out based just on a contract. It appears that you got to the "facilitation" phase where the parties talk about the issue and the CRT case manager talks to the parties in neutral terms, aiming for an agreement. If you don't reach an agreement, the Tribunal Decision Process escalates the matter. Under the decision process, the CRT member makes a decision, and it can be enforced in court. They state that "For a $25 fee, the CRT can turn your agreement into an order, if both parties agree that an order should be issued. This is called a “consent resolution order”." I suppose that you did not go through that step, and you only have an agreement. So you would need a separate court process to get a court order. Because everything that you did in this negotiation phase is confidential, if you want CRT to give you something that is enforceable, you have to present the case from the beginning, since they don't have access to what has happened before. The problem in your account is that a settlement has to be reached by yourselves – possibly with the assistance of the CRT case manager. I assume you did actually get a settlement (agreement) with the landlord, but have not filed for a consent resolution order. It may be that the case is too old for you to just pay the $25, and it does require agreement by the other party. Read their FAQ about how cases end.
What is the correct way to handle this situation? Strictly speaking, each driver exceeding the speed limit is in violation of the traffic sign even if everybody else also infringes it. Thus it is completely valid for the police to pull &amp; fine anyone from among those drivers. Statutes like the one you mention are intended for scenarios where a driver departs significantly --and for no apparent [lawful] reason-- from the speed limit, such as driving at 20 mph in a 55 mph zone. Typically a driver would not get pulled over in the scenario you mention (driving at 62 mph where everybody else drives at 65 mph). The exception would be some police department(s) requiring its cops to meet a quota of fines per week, but that would be quite a questionable practice having nothing to do with the legislative intent. Speed limits are supposed to represent normal and reasonable movement of traffic. If informed consensus is that a particular speed limit is inconsistent with that principle (for instance, where limit is artificially low and raising it would not compromise safety), then a request could be submitted to the Oregon Department of Transportation.
How should I proceed? I am asking law friends to recommend some employment lawyers, but other than this, can I do anything else? You definitely don't need an employment lawyer for this. From a legal standpoint, the matter is very simple: If you grant their request (whether by signing or otherwise expressing your acceptance), you would be waiving any remedies currently available to you for their breach of contract. The company's attempt to override its contract with you is quite naive, but the company can always (and evidently does) try to get away with its liability nonetheless. I would not be surprised if the company subsequently tries harder to intimidate you, but that does not change your legal position &amp; merits unless you sign the waiver the company is pursuing. Asking for your post-termination availability reinforces the notion of company's poor planning and subpar management.
Child custody (and alimony) are determined by state courts, so the exact details are state-dependent. There is no legal basis for a person preventing thrie former spouse from moving (assuming the host country doesn't deny a visa), but the courts would be involved in determining whether the child can be taken along: parent A cannot legally just pack up the kids and bolt. When parents don't agree, then the court must determine what outcome is in the best interest of the child. If the children want to move, that counts in favor of them moving ("counts in favor" does not mean "decides the matter"). If the moving parent doesn't have viable employment prospects abroad, that counts against them moving. The amount of time each parent spends with the children also matters, not to mention the laws of your state (here is what the California courts say: "Move-Away" Situations). Generally speaking, the moving parent has to provide notice, then the non-moving parent has to file a legal action to block the move. Your attorney will discuss all of the relevant considerations with you. The fact of a parent moving to another country does not per se invalidate court-ordered support, but the court can modify an order if circumstances warrant (there's no obvious reason why moving to France would result in modification of such an order).
In the US, no, courts would not enforce such a contract. It would be deemed not in the public interest, perhaps unconscionable. Of course, two willing adults could make and honor such an agreement but that would only work as long as the woman didn't change her mind. What is "fair" in a situation like this is a little tricky but, ultimately, any child's welfare is going to be a major consideration in any court decision.
What is the process for having the plea withdrawn? Is it even possible at this point? Maybe, but YOU are not going to be able to do this on a pro se basis. It is clear from the way you word the questions you are still extremely emotionally invested in the whole scenario and want to make sure you get your pound of flesh at every turn. That is not going to work in this case. The first thing you need to accept is that for the purposes of the plea withdrawl the judge does not care to hear about how the lawyer tricked you. If you go in on your own pleading that your lawyer did you dirty, the judge is just going to deny your request in the best case. You will need a lawyer to prepare and argue the motion to withdraw your plea. Get a good lawyer they are worth their costs. Focus on the main goal of resolving your issue of the Criminal Trespass. How the police treated you or your Tenant took advantage of you does not excuse criminal behavior. So if the plea does get withdrawn focus on winning the criminal case. After the criminal issues are resolved then you can deal with the other issues.