Is it against public policy or not enforceable as a matter of law
to sign a settlement agreement that prohibits one party
from ever contacting their family again (especially
if that party did not catch that clause in the agreement to begin with)
Further what if the party's attorney also rushed them into
signing the agreement. Again is there authority to
strike this agreement or rescind it?
Real Estate Attorney
Obviously there is a lot more to this situation than this forum would allow you to include. In addition, without seeing the agreement or knowing the background, it is impossible to provide a useful answer. The fact that you missed the clause, and your attorney did not adequately explain the agreement to you is probably not sufficient to allow you to strike or rescind. I would suggest discussing your concerns with your attorney, and if you do not receive satisfactory answers, have a different attorney review the agreement and discuss your options with you.
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4 lawyers agree
Divorce / Separation Lawyer
You have commented that other answers are not helpful, but what you were looking for are answers to complex questions. This is a simple online Q&A forum and is not set up for detailed free legal advice. If you wish to know the answer to all your questions hire a new attorney to help you with your research.
4 lawyers agree
Personal Injury Lawyer
Nobody sneaks anything into a stipulation of settlement. It behooves the person signing to read carefully that which is above his or her signature. The only way something is "snuck into" an agreement is if a signatory is either willfully or negligently ignorant.
I don't know the definitive answer to your public policy question, however, people terminate parental rights everyday, essentially forcing upon the child the condition that the child never see the natural parent. That is not void as against public policy. Similarly, restraining orders and stay away orders mandate no contact, often with members of ones own family. Those orders are not void, either. Now, when there is a consent Order that mandates no contact between adults in the same family, I am not sure how substantively different that is from a restraining order. Obviously they are quite different procedurally, however, the net effect is the same: no contact.
I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer are not intended to be taken as legal advice. These opinions are based on New York practice. I may be contacted at 212-553-9300.
Attorneys don't do free research--in part because it required in depth knowledge of ALL the facts and circumstance, not the bare bones facts posted here.
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