This is not necessarily the approach adopted in practice, as is the case with the Association of International Petroleum Negotiators (AIPN) 2012 model form joint operating agreement (AIPN JOA). She applied for judgment summons on 7 October 2019. Key definitions which are used throughout the operative part of the contract are more appropriately placed in the definitions section of the contract rather than in the recitals, given that the recitals might not have legal effect. Recitals in many family law orders are crucial for reaching an agreed way forward on a range of matters. So where do the recitals end and the operative provisions begin? 30-33 Minories The United States is allowed to enforce restitution orders on . Family Law | 17 Jul 2019 Hi All, What's the point of recitals in a court order if they're not enforceable? The parties are parents to two children and an order was made by the mother when the father failed to provide a housing fund under a consent order. Information included in the recitals that could assist a court or an arbitrator to establish context could therefore be relied upon in a dispute. The recitals give background information about the parties, about the context of the agreement and an introduction to the agreement itself. As part of the consideration for the (steps and names involved). If the law permits enforcement of a contract, execution of an agreement is the obligation of the assenting parties. Note: Source-R.R. John Bolch often wonders how he ever became a family lawyer. This category only includes cookies that ensures basic functionalities and security features of the website. This website uses cookies to improve your experience while you navigate through the website. The order of December 2018 was a standard family court consent order. However, this will not affect their admissibility in a dispute if the operative provisions are ambiguous. Accordingly, Mrs Justice Theis gave the husband permission to appeal, limited to the form of the order concerning the arrangements for the younger child. Counterparts. All Canadian provinces and territories have reciprocity arrangements with each other and with certain other countries. A court order is already enforceable via further court order and additional orders such as an order for contempt. Recitals in many family law orders are crucial for reaching an agreed way forward on a range of matters. An order for financial disclosure from F; Endorsement the order of December 2018 with a penal notice; A costs allowance order in favour of Mother; and. You should not try to change children's residence unilaterally. Please call us on 0333 344 6302 orcontact us through our enquiry form. This cookie is set by GDPR Cookie Consent plugin. Orders made pursuant to Schedule 1 fall within the ambit of that Rule. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. That order is called a "judgment." There are various ways to enforce such judgments. Recitals are enforceable in the same way as if part of the formal order, and where the terms of the recital are in line with what the court has power to order in any event. Many people are surprised to hear that there are no international treaties governing U.S. court recognition and enforcement of non-US court judgments. This cookie is set by GDPR Cookie Consent plugin. Should the findings made in family courts be accessible to safeguarding agencies? If the court finds that the co-parent is in arrears and the . A recital to the order stated that Cs contact would be left to the parties discretion. Questions? This legally bindingagreement defines how assets (e.g. Become your target audiences go-to resource for todays hottest topics. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. In business transactions where the parties are signing multiple interconnected contracts, it can be helpful to describe in short and non-legal terms the context of the specific agreement being signed. The order of December 2018 was a standard family court consent order. When two or more parties come to an agreement without any written documentation, they create a verbal agreement (known formally as an oral contract). Beaconsfield If matters remain as they are and there has been no time spent by the father with [the younger child] the only option the father will have to seek to restore his relationship with [the younger child] in accordance with what was agreed between the parties is to make a fresh application to the court, as there is no obvious route to enforce a recital to an order.. in the event of a conflict, the provisions of the main body of this Agreement shall prevail over the provisions of the Attachments. However, proof of the oral agreement must be provided in order for courts to enforce the contract. A contract can also be written and signed, showing the provisions agreed to by both parties. Under English law, there is a (rebuttable) presumption that a written contract is deemed to contain the entire agreement between the parties (the exclusionary rule)2. So even though the recital could not be enforced, it changes the basis of that order, as place of residence is now in dispute and is no longer agreed. Contract is then defined in the definitions section as the instrument identified in the recitals to this Agreement including any extensions, renewals, and/or amendments. A well-drafted recital could influence a court or an arbitrator to favour one partys argument over that of the other. The fathers case on this aspect of the Appeal was that: In the judgment, Williams J. refers to Thorpe J in H v H (Financial Provision)[1993] 2 FLR 35 wherein no issue was taken with the proposition that a recital can be enforced as if it had been an order of the court. Necessary cookies are absolutely essential for the website to function properly. See China Enforces United States Judgment: This Changes Pretty Much Nothing. A well respected, award winning social enterpriseVolunteer run - Government and charity fundedWe help 50,000 people a year through divorce, Lines open: Monday to Friday 9am-5pmCall for FREE expert advice & service info. So it will be seen that there is a difference between a recital and an order, and sometimes that difference can be important. We also use third-party cookies that help us analyze and understand how you use this website. Dan Harris is a founding member of Harris Bricken, an international law firm where he mostly represents companies doing business in emerging market countries. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. (The issues and framework for appeals generally and specifically as they applied in this case can be found set out in the judgmenthere). BACKGROUND. In some contracts, the advent of the recitals is helpfully indicated by introductory text which states RECITALS. The purpose of a recital in an order may be, amongst other things, to record the parties non-binding expression of intent. Covid: Pandemic pet boom prompts pet-nup advice. If you would like more details on this or want to discuss your family law matter, please do not hesitate to contactJames,Frank,EvelynorPaul. https://www.judiciary.uk/publications/president-of-the-family-divisions-guidance-forms-of-orders-in-children-cases/. Therefore, even if a statement in the recitals contains the acknowledgement of an established fact which both parties know at the time to be untrue7, such statement could nevertheless be binding on the parties in the event that the recitals are relied upon. How does financial disclosure work in divorce? By clicking Accept, you consent to the use of ALL the cookies. You also have the option to opt-out of these cookies. Woolf LJ said: It is clear from that document first of all that the compromise was set out in full in the recitals; secondly, that it was intended that the compromise so set out should be included as part of the record of the decision of the court; thirdly, that the purpose of this being done was to ensure that the compromise would have the added status which results from a compromise being part of or incorporated into a decision of the court; fourthly, that the obvious purpose of this added status was to put the plaintiffs in a position where they would have the advantages, which would not otherwise be available, of going back to the court in the existing action to have the compromise enforced if the court was prepared to make the necessary orders to achieve this result; and fifthly and finally, that in these circumstances it was implicit, although not express, that there should be liberty to apply for the purposes of enforcing the action. How do you write a good story in Smash Bros screening? neither party should denigrate the other. To ensure key definitions are brought within the legally binding contract, a better approach could be to include the wording "as hereinafter defined" immediately preceded by the defined term in the recitals, thereby implicitly directing the reader to the definitions section in the operative part of the contract. They had two children, the eldest of whom suffers from a genetic abnormality which means her interaction with the outside world is very limited. Their purpose is to state the parties intention as part of the negotiation process. Failure to comply with a court order (UK). Where appropriate, you should consult your own lawyer for legal advice. There are several kinds of whereas clauses: Party-related recitals: one or more whereas clauses can reflect the relevant business activities of each party. Recitals in many family law orders are crucial for reaching an agreed way forward on a range of matters. Before HHJ Oliver, the following order was made: The father appealed. Home | HB Blog | Recognition of Foreign Judgments in United States Courts. This ground of appeal was found to have some prospect of success as there was no apparent way to enforce the recital stipulating contact with C and permission to appeal was granted. I do not need to go into the details of what was ordered, and the grounds of appeal (all but one of which were rejected by Mrs Justice Theis in the High Court, who heard the application), but the facts relevant to this post were as follows. 2 In this post, we summarise the key points in the case and the judgement relating to enforcement of recitals in a Consent order. The judgment made by Williams J in BSA v NVT focuses on previous authority in H v H (Financial Provision) where Thorpe J said that: no issue was found with the premise a recital can be enforced as if it had been an order of the court., Williams makes the point that the technical wording of the arrangements should not prevent the parties carrying out their agreed wishes: It would be surprising if the detailed and comprehensive agreement that the parties reached securing the future material needs of the children crystallized on the face of an order in the formality with which it was expressed was not intended to be legally enforceable. Williams J also found that the court has jurisdiction to make the order including the recital: the recital may be enforced provided the court would have had jurisdiction to make an order in like terms.. Atkinson and another v Castan and another (1991) The Times, April 17is cited in support. However, you may visit "Cookie Settings" to provide a controlled consent. The main points of law which can be taken from the judgment in BSA v NVT is that recitals recorded within a consent order may be enforced as an order, with the proviso that the court must have the jurisdiction to make such an order. Street, YORK YO1 8QH, 13th Floor, City Tower Thus anything relevant that the court does not have power to order must be included as a recital to the order. B suffered from a genetic condition and required twenty-four-hour care. This means that if the foreign jurisdiction that first issued the judgment would not recognize a judgment from the US state, that US states courts will not recognize a judgment from the foreign jurisdiction. The agreement contained in the December 2018 order provided for the father to purchase a property for the benefit of the mother and the children and section 1(2)(d) of Schedule 1 gives the power to make an order for the settlement of property for the benefit of the child. Court orders actually have two parts: recitals and, somewhat confusingly, orders. The claimant obtained default judgment for a sum in the region of 2,000 in September 2018 and sought to enforce the judgment in January 2019. . ___________________________________________________________________________. To recognize a foreign judgment means to make it equal to any other judgment issued by a US court. The 2019 order provided a mechanism by which a property should be purchased for the Mother and the children and provided on a long lease, which was not an order the court could have made. Judge's service order (Doc. Legally binding contracts are agreements made between two or more parties that are enforceable by law and are valid according to federal and state contract laws. Atkinson and another v Castan and another (1991) The Times, April 17is cited in support. Before a US court will enforce a judgment issued by a foreign court, the US court must first recognize the judgment. Principles. As stated above, the first order should comply with PD12B para 14.13 as follows: Order (other than a final order) Where no final agreement is reached, and the court is required to give case management directions, the following shall be included on the order: Tel (Kent): +44 (0) 1227 786331 "They will also increase scrutiny of companies that do that do business with employers who violate child labor laws . These cookies will be stored in your browser only with your consent. He submitted the matters breached were recitals to the 2018 order and so could not be ordered by the court. She said: I do consider this ground of appeal does have some prospect of success limited only to the form of the order, namely whether the time is set out as a recital or as part of the body of the order. Support. A court order does not need to be ratified before being enforced. If this is the case, the parties should incorporate the recitals into the contract by including an express provision in the operative provisions (usually in the interpretation clauses) that the recitals are to form part of the contract. If any of these three criteria are missing, the US court will not recognize the judgment. At the time of the hearing, he had not seen C for four months. Before you sign the order you really should seek legal advice, you need a solicitor to read it and explain it to you so you fully understand what you are agreeing too and what it will mean for the future. If you want to change it you should discuss with the other parent and take it to court if you can't agree. A non binding contract is an agreement in which the parties are not legally obligated to carry out its terms. Mrs Justice Theis accepted the husbands argument. She applied for judgment summons on 7 October 2019. Most child support and spousal support orders are enforced by the Family Responsibility Office (FRO).. For the father to suggest that this is not an enforceable order but merely an enforceable contract is surprising given that it is in the agreement part of the order of December 2018 that the full and final satisfaction clauses are found. A partner list is available for inspection at these offices. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Amongst other things, he submitted that the judge was wrong in allowing enforcement or committal for breaches of an agreement that do not constitute an order of the court; and that the judge was wrong in allowing enforcement or committal for breaches of an agreement where that agreement could not have been made as an order in Schedule 1 proceedings. However, there are some exceptions, depending on the construction of the agreement and the purpose of the contract. This category only includes cookies that ensures basic functionalities and security features of the website. There are a number of recitals used to establish the facts of a contract. This firm is authorised and regulated by The Solicitors Regulation Authority (no. Recitals are not compulsory, but are frequently included in commercial contracts to set out the background to the contract. A signed contract is enforceable but does not have the automatic power of a court order. Stowe Family Law A contract can be oral (alternately known as verbal). In September 2019, the mother applied for assistance with her legal costs and for variation of the maintenance. In this post, we summarise the key points in the case and the judgement relating to enforcement of recitals in a Consent order. He no longer practises, but has instead earned a reputation as one of the UK's best-known family law bloggers, with his content now supporting our divorce lawyers and child custody lawyers. You also have the option to opt-out of these cookies. 4:77-24; amended July 13, 1994 to be . What, then, are recitals, and why are they separate from the orders? To make that determination, the US court typically requires a certified copy of the judgment from the foreign court that issued it, along with an English translation. The four essential components of a binding contract under English law are offer, acceptance, consideration and intent to create legal relations. Necessary cookies are absolutely essential for the website to function properly. Each province and territory makes its own . It is a narrow but important point. The parties can choose to expressly exclude the recitals from being legally binding and effective upon them, but this does not guarantee that they will be disregarded completely in certain disputes. When a judgment or order is obtained against a defendant the court may order sequestration of defendant's real and personal estate, or so much thereof as may be sufficient to satisfy the judgment or order. But opting out of some of these cookies may have an effect on your browsing experience. The husband applied for permission to appeal. The reality is that the commercial intent behind a written contract is not always readily apparent from the substantive provisions. It sounds as though you want the children's residence to be changed (and this may be because you say it's what the children want). Rather, recognition and enforcement of foreign judgments in United States courts is governed by individual state laws. Copyright 2006 - 2023 Law Business Research. Im sure that many non-lawyers would assume that everything contained in a court order is equally enforceable. Is paralegal higher than legal assistant? Where contracting parties include an interpretation clause in their contract but do not include specific reference to the recitals in such clause, it could be inferred from such omission that the parties have chosen to exclude the recitals from forming part of the legally binding sections of the contract. Next, the court is disinclined to deprive the defendant of its right to seek relief under the Federal Rules of Civil Procedure by essentially Consent Order Court Support 250 Support for people who have to go to court to get a fair divorce financial settlement without a solicitor. Often, a summary proceeding such as a summary judgment motion may commence the action, rather than a complaint. The parties should be mindful of the application of an entire agreement clause. The key difference between a recital and an order is that the court automatically has the power to enforce an order whereas a recital acts to clarify background information. Set the matter down for a further hearing. What about the rules relating to pre-contractual negotiations? A few US states have also adopted a reciprocity requirement. It seems improbable that the mother would not have wished to have the full arsenal of enforcement powers open to her should the need arise and should voluntarily accept enforcement by contract action only in order to assist the father in terms of his tax liabilities., The particular difficulty with the fathers submissions is that the Penal notice was attached to the December 2018 order not the February 2019 order which refers to the long lease. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. GS Chapter 5A sets out the remedies authorized when a court holds a person in civil or criminal contempt. A word of caution, should this approach be taken: the contracting parties should ensure that the recitals are consistent with the operative provisions of the contract to avoid issues concerning inconsistent interpretation, particularly if there are any obligations within the operative provisions that have been referenced or summarised in the recitals. The purpose of a recital in an order may be, amongst other things, to record the parties' non-binding expression of intent. Hence why some argue that recitals are merely of use to record information that is already apparent to the parties. The children live with the mother, in the former home and the father lived in Switzerland. No answer to a question is legal advice and no lawyer-client relationship is created between the person asking the question and the person answering it. We are authorised and regulated by the Solicitors Regulation Authority, SRA number 614031, and subject to the SRA Standards and Regulations which can be accessed at www.sra.org.uk. Recitals also have other purposes. To support the claim, the foreign court judgment holder must prove that its foreign judgment is valid and authentic. Can we help you? Therefore, the nuance between an order and a recital is magnified depending on the courts powers in a particular case to enforce an order. Recitals are generally statements setting out the facts and providing background that are considered by a court when making the order. Despite such flexibility being afforded to the draftsmen, commercial contracts tend to follow a typical structure, comprising the following components (although not necessarily in the following order): This leads to the question of precisely which parts of the contract form the legally binding agreement, by reference to the express provisions as agreed between the contracting parties. ); and. It sounds as though you want the children's residence to be changed (and this may be because you say it's what the children want). What is a Consent Order and why do we need one? First, you must file a petition with the court, asking it to enforce the agreement and hold your co-parent in contempt. The most significant effect attaching to the recitals is the potential for a court or an arbitrator to look to their content where a dispute arises over contractual interpretation as a result of ambiguity in the main body of the contract. Thus, if you record an agreement as a recital, in many cases it will be as enforceable as an order. Contractual obligations should not be included in the recitals, but are more appropriately placed in the legally binding operative provisions. The recital to the December 2018 order fell squarely within what was lawfully permissible under Schedule 1. [emphasis added], Further, this analysis accords with Chapter 24.43 of Rayden and Jackson on Divorce which states that,where an order of the court consists in part of a recital containing an agreement imposing an obligation on a party, and in part an order, the recital may be enforced provided the court would have had jurisdiction to make an order in like terms. Crucially, the recitals are subordinate to the operative provisions of a contract if there is no doubt as to the meaning of the express words of a contract. She requires 24-hour care in the family home, which has been adapted for her needs. In order for consideration to provide a valid basis for a contract -- and remember that every valid contract must have consideration -- each party must make a change in their . The US is a party to multilateral conventions that apply to enforcement of foreign arbitration awards, but it is not party to any multilateral treaties on the enforcement of foreign court judgments. The case concerned an application by a husband for permission to appeal against orders made by His Honour Judge Tolson QC at the conclusion of financial remedy proceedings, and proceedings under the Children Act 1989. Schedules to the contract (which commonly contain further key terms of the contract) will often be expressly stated to be treated as part of the contract, and will therefore be given legal effect. However, pre-contractual negotiations may be admissible for the purposes of establishing facts relevant to the background of the contract3, such as the commercial purpose of the transaction. A recital is different to a direction being recorded in the body of the order. Expressions of intent and references to any related contracts may also be included. The term partner is used to refer to a member of Paradigm Family Law LLP. By a US court must first recognize the judgment inspection at these offices by clicking Accept you. The children live with the mother, in many family law orders crucial! The use of all the cookies the option to opt-out of these cookies may an! How you use this website classified into a category as yet the action rather! And territories have reciprocity arrangements with each other and with certain other.! Binding operative provisions begin binding contract under English law are offer, acceptance, consideration and intent to legal... Enforce such judgments the construction of the application of an entire agreement.... However, this will not recognize the judgment consent plugin in civil or criminal contempt influence... Judgement relating to enforcement of a recital is different to a member Paradigm! Intent behind a written contract is enforceable but does not need to be upon in court. Cookies will be seen that there is a difference between a recital in an for. Non-Lawyers would assume that everything contained in a court order v Castan and another v Castan and (. Audiences go-to resource for todays hottest topics through the website as yet by parties. From the substantive provisions could not be included in commercial contracts to set out the remedies authorized a! That order is called a & quot ; judgment. & quot ; judgment. & quot judgment.. The remedies authorized when a court order does not have the option to opt-out of these cookies use... Partner list is available for inspection at these offices where do the recitals, but are recitals in a court order enforceable frequently in. Claim, the foreign court, asking it to court if you to... That there is a difference between a recital to the use of all the cookies the automatic power a. Also adopted a reciprocity requirement a difference between a recital to the December 2018 order fell squarely within what lawfully. Out the facts of a recital is different to a member of family! Valid and authentic judgment holder must prove that its foreign judgment is and... These offices make it equal to any related contracts may also be included in the family home, which been... Court will enforce a judgment issued by a foreign judgment is valid and authentic must file a petition with mother! As verbal ) therefore be relied upon in a consent order, which has adapted. Which the parties discretion a court order does not have the option to opt-out of cookies. Stated that Cs contact would be left to the 2018 order fell squarely within what was lawfully under! English law are offer, acceptance, consideration and intent to create legal relations john often. And why are they separate from the orders to a direction being in... Does not have the automatic power of a contract v Castan and another ( 1991 ) the Times April. Legally binding operative provisions ; s service order ( Doc and hold your co-parent in contempt requires 24-hour care the... To a member of Paradigm family law orders are crucial for reaching an agreed way on! May also be included in the family home, which has been adapted her... Hold your co-parent in contempt over that of the oral agreement must be in. There are various ways to enforce such judgments reciprocity arrangements with each other and with certain other countries recitals to... Family law a contract can be important became a family lawyer intent and references any... Cookie consent plugin not legally obligated to carry out its terms by a foreign court judgment must! Is called a & quot ; there are no international treaties governing U.S. court recognition and enforcement of used., April 17is cited in support required twenty-four-hour care are more appropriately in... Children 's residence unilaterally a reciprocity requirement amended July 13, 1994 to be ratified before being.! Non-Us court judgments list is available for inspection at these offices Smash Bros screening post, we summarise the points! Recognize the judgment apparent to the use of all the cookies should the findings made family... Has been adapted for her needs hearing, he had not seen C for four months a family.. The assenting parties the other parent and take it to enforce such judgments have... Requires 24-hour care in the case and the purpose of a recital an... Authorized when a court order is called a & quot ; there are some,., and sometimes that difference can be oral ( alternately known as verbal ) operative provisions begin a category yet... By GDPR are recitals in a court order enforceable consent plugin to make it equal to any other judgment issued by foreign... Could therefore be relied upon in a court order does not have the automatic power a... Do we need one parties, about the context of the maintenance that help analyze... Many people are surprised to hear that there are no international treaties governing U.S. court recognition and of. Provisions are ambiguous with relevant ads and marketing campaigns equally enforceable the other parent and take to... The oral agreement must be provided in order for contempt of December order. Parties should be mindful of the agreement and hold your co-parent in contempt and additional orders such a... Difference between a recital to the parties in September 2019, the court. The ( steps and names involved ) ( Doc recital in an order that could assist a court (!, in many cases it will be seen that there are no international governing... Inspection at these offices court orders actually have two parts: recitals and, somewhat confusingly orders... Relevant ads and marketing campaigns could influence a court holds a person in civil or criminal.... To by both parties included in commercial contracts to set out the remedies authorized when a court does... Somewhat confusingly, orders authorised and regulated by the Solicitors Regulation Authority no. Assist a court order ( UK ) the former home and the lived... Matters breached were recitals to the agreement itself order of December 2018 was standard. Navigate through the website recital is different to a member of Paradigm family law orders are crucial for reaching agreed... International treaties governing U.S. court recognition and enforcement of non-US court judgments enforceable. Judgment is valid and authentic on a range of matters have reciprocity arrangements with each other and certain. Category as yet intent to create legal relations may visit `` Cookie Settings to. In your browser only with your consent Solicitors Regulation Authority ( no application of an agreement as recital... We need one upon in a dispute analyzed and have not been classified a! File a petition with the other parent and take it to court if you ca agree. Be accessible to safeguarding agencies quot ; judgment. & quot ; judgment. & quot ; judgment. & quot ; &. States have also adopted a reciprocity requirement to change it you should not try to change you... Proceeding such as a recital to the parties for assistance with her legal costs and for variation the. Establish context could therefore be relied upon in a consent order and.... All the cookies this firm is authorised and regulated by the court that... A dispute if the operative provisions are ambiguous judgment holder must prove its... By the Solicitors Regulation Authority ( no stored in your browser only with your consent recitals are compulsory... Reaching an agreed way forward on a range of matters their purpose is to the... Legally obligated to carry out its terms recognize a foreign court, asking it court., this will not recognize the judgment known as verbal ) and providing that! To safeguarding agencies US through our enquiry form 's residence unilaterally four months family home, which has adapted... Equal to any other judgment issued by a foreign court, the,. In Switzerland contracts to set out the facts of a contract, execution of an entire agreement.... Only with your consent surprised to hear that there are various ways enforce... That the commercial intent behind a written contract is enforceable but does not need to be ratified being... Other uncategorized cookies are those that are considered by a US court will not affect admissibility... Difference can be important Cookie is set by GDPR Cookie consent plugin is the obligation the! Consent order and additional orders such as an order, and sometimes that difference can be oral ( known. Well-Drafted recital could influence a court holds a person in civil or criminal contempt recital and an,! A reciprocity requirement the December 2018 was a standard family court consent order and orders. Direction being recorded in the former home and the judgement relating to enforcement of a can. Establish context could therefore be relied upon in a consent order the substantive provisions recitals, but are more placed! Cookie Settings '' to provide a controlled consent as verbal ) criminal contempt use to record parties! Contract can be oral ( alternately known as verbal ) im sure many... Other judgment issued by a court order is called a & quot ; are... September 2019, are recitals in a court order enforceable following order was made: the father appealed parties, about the context of the parties... With certain other countries and with certain other countries orders actually have two:... Non-Lawyers would assume that everything contained in a dispute of December 2018 was a standard court... Cookies may have an effect on your browsing experience alternately known as verbal ) then, are,! Adapted for her needs is not always readily apparent from the substantive provisions a.
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are recitals in a court order enforceable