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Signature on Notes/Letters

JY's picture

Submitted by JY on Sat, 03/31/2007 - 10:52am

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General Discussion

Hi,
My boyfriend is trying to communicate with his ex wife via letters.
On Friday she had a neighbor release her child to him. The neighbor who released the child gave him a note from the child's mother.
Now my boyfriend was upset b/c the note was regarding parenting time that he is scheduled to have during Spring Recess but, the note was typed and not signed by the child's mother. My boyfriend states,"that is not legal." I am not sure if any correspondence requires the signature of the individual sending it to be legal but, if anyone can provide either a law that indicates that or a website that can
address a matter like this I would appreciate it.
Thank you,
Jani

Anonymous's picture

Submitted by Anonymous (not verified) on Sat, 03/31/2007 - 2:57pm

Otherwise, anyone could just type up a note at any given time and even say it's from the BF to BM not the other way around. Any contractual agreement anywhere will require a signature of some sort as proof who sent it and proof of validity. And dates aren't bad either. Any respectable judge would require it.

The question more is, is BM overstepping her parenting plan and is it affecting your scheduled time that you are granted on purpose? That's probably more why your bf is upset, but the signature is just an avenue.

If you have set scheduled time that is granted through the courts by a custody agreement, then you do have grounds to 'refuse' her notice of change on the biases that that is your time, or she can swap time with you that is more convenient, but she can not flat out change or refuse your time. You would have to end up on court and place a contempt of court.

JY's picture

Submitted by JY on Sat, 03/31/2007 - 10:59pm

Thank you for your anonymous reply it is greatly appreciated. My BF was right.

I am not sure if you can help on the second dilemma my boyfriend is having at this time. As you know the BM had a neighbor give him a note that was not signed by the BM and so, my BF wrote her a note back indicating to her that her note was unacceptable b/c the original letter he had sent to her via Express Mail clearly requested that she was to reply to him via US Mail not via a third party.
He also informed her that according to her note that he received during his scheduled parenting time from the third party in regards to the parenting time he is requesting is under a section indicating Vacation and Holidays and that as per the court order Holiday's are between 11am-7pm at the curbside of the residence.
So what my boyfriend wanted her to understand is that the recess of school is vacations not holidays but, now I am not sure.
Is Spring Recess vacation or is it holidays? If it is vacation should he file a contempt of a court order against her instead of taking the two days that she has allowed him to have because, she is indicating that the two days are holidays and that the pick up and drop off should occur in the curbside of the residence and my boyfriend feels they should occur at the court appointed public place?
If you could provide or anyone could provide assistance in clarifying this it would be appreciated?
Thank you,
Jani