by Medius » Mon May 20, 2013 10:16 am
First, this is small potatoes as far as how terrible family court can be. The problem here has little to do with the clause in question and much more to do with the power that family courts are afforded (and an inability for homosexuals to marry).
I've been to family court several times for a friend. I will say, from first-hand experience, that there is no choice. The judge sets the divorce agreement, sometimes with input, sometimes without. You sign the agreement or you pony up tens of thousands of dollars to appeal, or you lose your kid(s).
My friend had a signed divorce agreement with his ex, who had done just about every terrible thing you can imagine. It gave him custody. She later appealed, the judge threw out the signed agreement and substituted his own, which gave the mother custody. She also got his money, which meant no appeal. It was sign or say goodbye to his child completely.