honor agreement signed under duress?

[pypercat]

What is the name of your state? Idaho

I have joint custody with my ex, I am primary custodial parent and he has reasonable visitation every other weekend and during the summer.

I took the kids on vacation, which covered my ex's regular weekend but I gave him a full week before the trip and the Thursday when I returned. He agreed in writing to release the kids to me at 5 pm on Friday. When I arrived to pick up the kids he was not there and called threatening to keep the kids over the weekend unless I agreed in writing to let him have the kids for a full week upon my return.

I have the conversation on tape and can prove that the agreement was made under duress, do I have to honor the agreement?

 

[abstract99]

Well since he already agreed in wrighting then you have proof that he said he would do this. Honestly though, by the time you get to court on this matter it won't even matter anymore. Would it hurt you to do it? Ask him if he has plans for this extra time. Aren't you allowed 2 weeks of vacation time anyway? If so, you shouldn't have to reimburse him for this time at all.

 

[pypercat]

The problem is that my ex has a history of being verbally abusive and using the kids as leverage to get what he wants from me. He has refused to release my children before, (since then the custody has been modified to define visitation more clearly), if I again allow him to keep the kids when he makes threats, he will continue to do so.
I hesitate to involve the sheriff; the last thing my kids need right now is to see mom call the cops on dad, they’ve been through enough already; but I need to find a legal way to let him know that he will not be allowed to use the kids as leverage any more.
I need to know if an agreement made under duress is legally binding?
Thank you.

 

[stealth2]

The only thing that is binding on either of you is the court order.