defining fraud, intrinsic or extrinsic?
Wanting commentary on fraud, please, and how it relates to custody agreements.
I understand that fraud is one issue that can invalidate any agreement. I also know that most fraud has statute of limitations. Assume that a criminal act DID happen (kidnapping), and because of intimidation or other abusive pressures, the facts were withheld from the court. Would concealing or direct lies about the circumstances of the kidnapping be considered as fraud towards the COURT? (yes, I understand it to be perjury also).
Assume, then, that if the court is unaware of any possible crime, how might this affect the validity of any "voluntary" agreement, in which the parents signed a relinquishment of custody (to the grandparent). Parents were not fully aware of issues concerning what, in fact, constitutes kidnapping. They did not have a lawyer to represent them, nor any understanding of the terms of relinquishing custody. Following the "agreement", they were isolated from persons who might have helped them, both family or lawyers.
Looking only at the original status at the time this happened, would any "agreement" be seen as invalid? Would a court define it as "freely and knowingly"??
This is for my own knowledge and understanding. For various reasons, the parents are not presently attempting to contest the case. I am just wanting various views on how legal or not, any relinquishment may have been.
In Texas, and no, not hypothetical. I certainly get asked that a lot, since it is hard to imagine a more messed up situation, or the level of control from the parties involved.
Tagged with: circumstances • criminal act • fraud • intimidation • lawyer • lawyers • parents • perjury • relinquishment • statute of limitations • validity
Filed under: Legal Protection
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Your question, although a good one, is difficult to answer in a forum such as this. All family law statutes vary from State to State. Without knowing what State this incident (real or hypothetical) occurred in, it is impossible to give a precise answer.
That being said, it is relatively common in most States for a case concerning the custody of minors to be held open until the youngest of a group of siblings reaches the age of majority (18 in most jurisdictions), so there really isn’t a statute of limitations in this type of case. And to address your question about "fraud" – any proof that false evidence was used to influence the result of a Court’s ruling would be justification for re-investigating the outcome of any hearing. However, absent a motion to consider such evidence, the outcome (and any Order based upon the proceedings) is legal.