Agreed Order Law and Legal Definition
An Agreed Order refers to a written agreement submitted by the parties to a case resolving the issues between them. Once the agreed order is approved by the court and entered in its minutes, it becomes the order or decree of the court with all of the force and effect that any order would have after a full hearing prior to adjudication.
Until brought to the attention of the Trial Judge, an "agreed order" is no order at all, but merely an agreement of the parties. It has no significance as a judicial act until a judicial act (decision) gives it significance.[Zeitlin v. Zeitlin, 544 S.W.2d 103, 106 (Tenn. Ct. App. 1976)]
Example of a State Statute on Agreed Order.
According to Tenn. R. Juv. P. Rule 22, most civil matters within the jurisdiction of the juvenile court may be resolved by a written agreement between the parties, submitted to the court in the form of an agreed order. An agreed order, upon being approved by the court and entered in its minutes, becomes the order or decree of the court with all of the force and effect that any order would have after a full hearing prior to adjudication. An agreed order should recite that the parties are aware that the agreement is based upon the order of the court and that failure to comply therewith without just cause places them in contempt of court and subjects them to such action as the court deems proper within its jurisdiction. In child custody cases also when the parties are in complete agreement in matters of custody, support, and visitation, and a court hearing appears to be unnecessary, the parties may enter into an agreed order.
The law as it appears in the statute:
Tenn. R. Juv. P. Rule 22
a) General Provisions.
Most civil matters within the jurisdiction of the juvenile court may be resolved by a written agreement between the parties, submitted to the court in the form of an agreed order. An agreed order, upon being approved by the court and entered in its minutes, becomes the order or decree of the court with all of the force and effect that any order would have after a full hearing prior to adjudication. An agreed order should recite that the parties are aware that the agreement is based upon the order of the court and that failure to comply therewith without just cause places them in contempt of court and subjects them to such action as the court deems proper within its jurisdiction.
(b) Child Custody Cases.
In child custody cases pursuant to T.C.A. § 36-2-301, et seq., when the parties are in complete agreement in matters of custody, support, and visitation, and a court hearing appears to be unnecessary, the parties may enter into an agreed order.
(c) Modification.
An agreed order may thereafter be modified, due to a change of circumstances, by agreement between the parties with the approval of the court or by order of the court upon notification to the parties and a hearing. In no event shall modification of an agreed order result in a child being placed into the custody of the Department of Children's Services without the appropriate petition having been filed with the clerk of the court alleging the child to be either dependent, neglected, abused, unruly or delinquent.
(d) Dependent, Neglect and Abuse Cases. If there is a petition alleging dependency, neglect or abuse in the matter, the court shall not approve an agreed order regarding custody, support, or visitation awarded to a party other than the state unless there has been a social investigation as required by law, and the investigating agency's recommendation concurs with the agreement between the parties. This subsection shall not be construed as eliminating the judicial findings required for children in state custody by T.C.A. §§ 37-1-166 and 37-2-409 or as otherwise required by case law and federal regulations.
