[OK] [OK] Can I pursue damages for breach of a custody plan?
I’m trying to understand how Oklahoma law treats my Joint Custody Plan (JCP) and Mediated Settlement Agreement (MSA) for the purposes of pursuing civil damages. In my case, the JCP and MSA were incorporated into the final custody order, but there is no express language stating that they were “merged” into the judgment. Also, we agreed to things that the Court couldn’t order like child support arrears and other things like scheduling etc.
Does the absence of merger language mean the JCP and MSA remain enforceable as independent contracts, such that I can bring a separate civil action for breach (i.e., for damages), rather than being limited to enforcement through family court?
I’m aware of the merger vs. incorporation distinction discussed in cases like Holleyman v. Holleyman, 2003 OK 48, and I want to make sure I’m not overreaching in asserting that these agreements survive the judgment for civil enforcement purposes.
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That makes sense, ok. You're absolutely right to focus on the distinction between merger and incorporation under Oklahoma law—Holleyman v. Holleyman is directly on point. Here’s my breakdown: Because your JCP and MSA were incorporated but not merged into the final custody judgment, and they contain terms the court couldn't independently impose (like child support arrears and specific scheduling preferences), Oklahoma law does allow for those agreements to remain enforceable as independent contracts. That means you can pursue a civil breach of contract claim outside family court—but only for the provisions that are contractual and not solely governed by the court’s authority in domestic matters. So, for example, if your co-parent violated agreed terms about repayment of arrears or non-judicially ordered scheduling, and those violations caused you economic or emotional harm, you could potentially bring a civil claim for breach or even Intentional Infliction of Emotional Distress (IIED) if the facts support it (Kraszewski v. Baptist Medical Ctr. of Okla., 1996 OK 141, 916 P.2d 241). That said, Oklahoma courts are cautious about allowing duplicative or competing actions in civil court if the family court still has jurisdiction to enforce orders. So you'd want to clearly show that the breach relates to terms outside the court’s direct authority and that your damages go beyond what the family court can remedy. So, yes, the lack of merger language supports your position that these agreements can survive the judgment and be separately enforceable—especially since they include terms the court couldn’t independently order. Does that help?
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I’m trying to understand how Oklahoma law treats my Joint Custody Plan (JCP) and Mediated Settlement Agreement (MSA) for the purposes of pursuing civil damages. In my case, the JCP and MSA were incorporated into the final custody order, but there is no express language stating that they were “merged” into the judgment. Also, we agreed to things that the court couldn’t order like child support arrears and other things like scheduling etc.
Does the absence of merger language mean the JCP and MSA remain enforceable as independent contracts, such that I can bring a separate civil action for breach (i.e., for damages), rather than being limited to enforcement through family court?
I’m aware of the merger vs. incorporation distinction discussed in cases like Holleyman v. Holleyman, 2003 OK 48, and I want to make sure I’m not overreaching in asserting that these agreements survive the judgment for civil enforcement purposes.
Lexi, Chatbot
I understand the complexity of your situation. Were the terms regarding child support arrears and scheduling explicitly outlined in the Joint Custody Plan (JCP) and Mediated Settlement Agreement (MSA)?
Yes.
Lexi, Chatbot
Did both parties sign the JCP and MSA, indicating their agreement to the terms within these documents?
Yes.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your situation.
Yes.
Gurney P
Welcome and thank you for using AskaLawyer. My name is Gurney, and I'm the attorney who will be assisting with your question. I'm happy to draw on my years of experience as an attorney and former prosecutor to offer some guidance. What kinds of civil damages are you considering pursuing?
IIED for pattern noncompliance but also, I would like to claim breach of contract as well.
Gurney P
That makes sense, ok. You're absolutely right to focus on the distinction between merger and incorporation under Oklahoma law—Holleyman v. Holleyman is directly on point. Here’s my breakdown: Because your JCP and MSA were incorporated but not merged into the final custody judgment, and they contain terms the court couldn't independently impose (like child support arrears and specific scheduling preferences), Oklahoma law does allow for those agreements to remain enforceable as independent contracts. That means you can pursue a civil breach of contract claim outside family court—but only for the provisions that are contractual and not solely governed by the court’s authority in domestic matters. So, for example, if your co-parent violated agreed terms about repayment of arrears or non-judicially ordered scheduling, and those violations caused you economic or emotional harm, you could potentially bring a civil claim for breach or even Intentional Infliction of Emotional Distress (IIED) if the facts support it (Kraszewski v. Baptist Medical Ctr. of Okla., 1996 OK 141, 916 P.2d 241). That said, Oklahoma courts are cautious about allowing duplicative or competing actions in civil court if the family court still has jurisdiction to enforce orders. So you'd want to clearly show that the breach relates to terms outside the court’s direct authority and that your damages go beyond what the family court can remedy. So, yes, the lack of merger language supports your position that these agreements can survive the judgment and be separately enforceable—especially since they include terms the court couldn’t independently order. Does that help?
Yes, that helps, actually. Thank you. Can I ask another question?
Gurney P
Sure thing, I can answer more.
Might the court place words in contracts that weren’t there? like, might it say it's merged even though there is no language to say it's merged or extinguished or superseded, or the like? Or is there a presumption of merger?
Gurney P
Under Oklahoma law, there is no automatic presumption of merger. The court does not have the authority to “insert” merger language that isn’t in the judgment. If the decree only incorporates the MSA or JCP but does not say it’s merged, then courts generally treat those agreements as surviving contracts, enforceable separately in civil court. So no, a judge shouldn’t say it’s merged if the language doesn’t support that. Does that help?
Yes, that helps.
Gurney P
Sure thing! I’m glad that helps. Did you have more questions about this? I'll be happy to help more.
Gurney P
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