After conferring with each other concerning the foregoing matters, if the parties do not reach an agreement upon any such matter, Petitioner shall have the descretion to make the decision and the provision hereinafter set forth concerning resolution of disputes shall not apply to her decision.
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What were the foregoing matters? It matters if you're Respondent.– Elliott FrischFeb 7, 2014 at 19:24
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That she has the final decision on schools, religious instruction, healthcare etc.– user65095Feb 7, 2014 at 19:36
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That means her decisions on the enumerated things can't be appealed (e.g. if she decides they are going to attend the new church up the road or no church at all, she does not need your permission).– Elliott FrischFeb 7, 2014 at 19:40
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Does this sentence state that when it comes to the rest of the decree the disputes shall not apply to her decision? Like visition etc.– user65095Feb 7, 2014 at 19:42
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Any matter that isn't enumerated before the sentence beginning "after conferring" is not a foregoing matter. The one to watch for is can she relocate without appeal. You need an attorney, I'd love to help; but it varies by region, and I'm not a lawyer.– Elliott FrischFeb 7, 2014 at 19:46
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1 Answer
I see it as
1) if the parties do not agree in the conference, the Petitioner gets to make the decision.
2) if she does so, this decision is final and not subject to appeal.
Makes you wonder when the provision for resolution DOES apply, because in the other case everyone agreed and there should be no disputes!
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Everyone agreed to what was written prior to that sentence. But the decree doesn't end there. So does that mean that the information discussed afterward could be disputed in court? Feb 7, 2014 at 19:28
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@user65095 You don't have an English question, you have a legal question. Ask your attorney. Feb 7, 2014 at 19:33
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Just thought I might get some help prior to paying an attorney $3500. Feb 7, 2014 at 19:34
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@user65095 Negotiate up front! Do not give them a massive retainer and carte blanche. Feb 7, 2014 at 19:36