QUESTION
Can a mediation agreement between parents be changed?
Asked on Dec 02nd, 2012 on Child Custody - Colorado
More details to this question:
Several months ago after splitting up with my son's father, we went to mediation mainly so I could get residential custody set in stone. We also agreed upon a weekly visit. However, after seeing my son only once the week of the agreement, I have not heard from his father since. Although at first I did try to contact him weekly to set up the visits, he never showed up and we haven't heard from him in months. At this point, I fear that he will get a wild hair and decide that he wants his visits. I think that at this point it would not be in the best interest for my son, who is only one, as it would be subjecting him to a complete stranger who has shown nothing but disinterest in our child. Not to mention the fact that although we now live in separate towns, I have family where my son's father lives who inform me he has developed an unfortunate drug habit. When we me the agreement, I did not anticipate his father disappearing for so long, nor becoming the complete mess he is. My greatest fear is that he will show up one day and due to my legal obligations from our mediation agreement, I will have to let him see my son. In light of these terrible circumstances, I feel that it would be completely irresponsible as my son's protector to let the agreement sit and have the chance of his father showing up and harm coming to my son. Can I go back to court and bring these new details to the attention of a judge in order to get the meditation agreement discontinued? The thought has also crossed my mind to ask the judge to keep visitations from happening unless my son's father can pass a drug screening and provide a safe and healthy environment (I am drug free by the way and have nothing to hide nor anything he could potentially "use against me"). Any advice on how to pursue this is appreciated.
9 ANSWERS
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
You have to have solid grounds to set aside a mediation agreement. Changing your mind is not enough.
Answered on Dec 04th, 2012 at 12:36 PM
If the mediation agreement was put into a Court Order, you will have to file a motion to correct or modify the Order. If it was done as preliminary matter and is not an Order, it will only have authority at the time the Court recognized the mediation contents and places them in a Court Order. Unless you and the other party entered into an agreement for mandatory medication, the above would be true.
Answered on Dec 04th, 2012 at 12:36 PM
Family Law Attorney serving Walnut Creek, CA
at
Law Office of Jon Rathjen
Update Your Profile
Any time there is a substantial change in circumstances a custody/visitation order can be modified. I would say the facts you recite amount to such a change.
Answered on Dec 04th, 2012 at 12:36 PM
Glen Edward Ashman
Mediations are generally final. Discuss the details with your lawyer.
Answered on Dec 04th, 2012 at 2:59 AM
Dennis P. Mikko
A mediation agreement, once entered as a court order is binding on all parties. However, like other issues of custody, parenting time and child support, it can be changed if there is a change in circumstances. In your case, since your co-parent is not exercising parenting time, you may wish to file a motion with the court suspending his parenting time until such time as he can be re-introduced to his child and decides that he wants to have a continual relationship with the child. You may be well advised to seek the assistance of an attorney as you attempt to modify the agreement,
Answered on Dec 04th, 2012 at 2:58 AM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
File for a hearing with mediation to change visitation. Make it supervised and contingent on a clean drug test.
Answered on Dec 04th, 2012 at 2:58 AM
File a Motion To Modify based on the change in circumstances.
Answered on Dec 03rd, 2012 at 4:55 PM
Family Law Attorney serving West Bloomfield, MI
at
Law Offices of Eugene Lumberg and Eric S. Lumberg
Update Your Profile
You can modify a custody and parenting time order or agreement with the showing of a change of circumstance. There are several factors that the court will consider in making a ruling. Consult with an attorney to discuss these factors further and decide how to present this new evidence in Court.
Answered on Dec 03rd, 2012 at 4:50 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
First, it is important that you be clear what the document you are referring to actually is: is it simply an agreement or contract OR is it a document that has been adopted by the court as a court order. Although you don't say so, assuming the document was approved and adopted as the Court order you will need to file a motion to have the terms modified based on changed circumstances. Generally, any court order affecting parenting rights can always be modified to promote the child's best interest. On the other hand, if the "mediation agreement" was never presented to the court for approval, then it may or may not be binding and enforceable depending on the law of the state where you live.
Answered on Dec 03rd, 2012 at 4:46 PM