Is an email agreement legally binding?

[kkolman1984]

I am a Father and have legal physical custody of my daughter but joint custody with her Mother. In court papers it states that the Mother is to get to spend her birthday with our daughter which is September 16th. Back in January, via email I asked the MOther if we could have her that weekend because our daughter was asked to be in my Twin brothers wedding. The Mother replied that it was no problem at all and we would just come up with a suitable arrangement to make up for it. Now nearly 8 months later, she is upset over a unrelated issue and is telling me that she is no longer giving me that day. That legally in court papers she is to get that day and she is taking it. She states that she sent me an email resinding our agreement (which i never received) and that if I do not give her that day, i will suffer the consequences in court. My question is, is an agreement made via email legally binding? Since she agreed almost 8 months ago, can she take it back now because she is mad over an unrelated issue?

[goddessoflubboc]

Only the court order is binding. So she can change her mind and you will be in contempt if you try to interfere.

[sandyclaus]

Originally Posted by kkolman1984 I am a Father and have legal physical custody of my daughter but joint custody with her Mother. In court papers it states that the Mother is to get to spend her birthday with our daughter which is September 16th. Back in January, via email I asked the MOther if we could have her that weekend because our daughter was asked to be in my Twin brothers wedding. The Mother replied that it was no problem at all and we would just come up with a suitable arrangement to make up for it. Now nearly 8 months later, she is upset over a unrelated issue and is telling me that she is no longer giving me that day. That legally in court papers she is to get that day and she is taking it. She states that she sent me an email resinding our agreement (which i never received) and that if I do not give her that day, i will suffer the consequences in court. My question is, is an agreement made via email legally binding? Since she agreed almost 8 months ago, can she take it back now because she is mad over an unrelated issue?

Unfortunately, yes, she can take it back. Only the orders from the court are legally binding, because they have been reviewed and approved by the court.

I suggest that if you still want your daughter to be in your twin brother's wedding party, then you might want to beg and plead, or do whatever it takes to get her to change her mind back and waive that day. Maybe make it up by doing something for birthday?

[Friend In Court]

Originally Posted by kkolman1984 I am a Father and have legal physical custody of my daughter but joint custody with her Mother. In court papers it states that the Mother is to get to spend her birthday with our daughter which is September 16th. Back in January, via email I asked the MOther if we could have her that weekend because our daughter was asked to be in my Twin brothers wedding. The Mother replied that it was no problem at all and we would just come up with a suitable arrangement to make up for it. Now nearly 8 months later, she is upset over a unrelated issue and is telling me that she is no longer giving me that day. That legally in court papers she is to get that day and she is taking it. She states that she sent me an email resinding our agreement (which i never received) and that if I do not give her that day, i will suffer the consequences in court. My question is, is an agreement made via email legally binding? Since she agreed almost 8 months ago, can she take it back now because she is mad over an unrelated issue?

Both of you can be held to living up to the court order. If she relinquished a date, whether verbally or in writing and then changed her mind -- back to the court ordered date, the latter prevails.

So, hand the child over on the specified day. With a smile.

[Lexus]

A contract is an agreement where one party gives something in exchange for something of value. It doesn't matter whether the agreement is verbal, electronic, written, or any other forms.

[Friend In Court]

Originally Posted by Lexus A contract is an agreement where one party gives something in exchange for something of value. It doesn't matter whether the agreement is verbal, electronic, written, or any other forms.

EXCEPT that a court order reduced to writing trumps other "contracts" parties may make.