Proving a Settlement Agreed Upon in Chambers

[AMess]

My attorney and my ex's attorney, along with the family court judge, verbally agreed to handle all matters of our break-up in family court. We were never married, but have a child and property in common.

Ex complied with the order for both of us to pay 1/2 of the mortgages for one month, but then he fired his first attorney, his second attorney because he didnt pay him either, and hired a third attorney who argued in the family court 6 months later that family court had no subject matter jurisdiction to rule on the property bc we were never married.

Needless to say, the situation is bad at this point. My ex even came to my job this week and took my car, despite the family court order that gives me "exclusive use" of the car. The police won't do anything bc it is a civil matter in their minds.

If my attorney subpoenas ex's 1st attorney to have him testify that all parties agreed to handle the case in family court, can ex sue his 1st attorney for malpractice? The judge told my attorney to subpoena ex's 1st attorney, but my attorney thinks 1st attorney will not testify for fear that he will be sued for malpractice. An attorney friend of mine believes that bc ex was advised we were handling everything in family court, then there was no malpractice on part of ex's 1st attorney.

What are your thoughts?

[Mr. Knowitall]

You're stating that a settlement was reached but was never placed on the record, nor was a judgment entered reflecting the settlement?

[AMess]

I am not sure whether it is appropriate to call it a settlement. Attorneys and judge agreed to handle child custody and property matters, and the judge made rulings/orders based on that agreement. There has never been any papers filed regarding jurisdiction.

Ex's 3rd attorney now argues no subject matter jurisdiction, so judge advised my attorney to subpoena attorney #1.

If we can get the smj issue behind us, then all of the orders the judge has made will be enforced. Otherwise, they will all go away bc she will have to rule she did not have smj. I cannot afford to start over in civil court, and my ex has now stolen my car that one of the court orders gives me "exclusive use" of per the court order.

I hope that makes sense. Thanks in advance...

[Mr. Knowitall]

If there was no settlement, then there was no settlement and there's not much point trying to enforce a non-existent settlement. Talk to your lawyer.