QUESTION

Is it possible to modify a court ordered mediation?

Asked on May 20th, 2014 on Child Custody - Colorado
More details to this question:
In 2011, myself and son's mom went to court for a meditation that we would share decision making and we go back and forth every other week. We verbally agreed that he would attend the school closer to her but eventually would need to come to the school closer to me. He has been at the other school for 3 years and she is not willing to make the change now. As well as he constantly comes back to me during my week telling me about what's been going on at the other home all illegal. What can I do?
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1 ANSWER

If you would like a free consultation, please give my office a call, and I would be happy to speak with you. I can not give out legal advice, without knowing who I am giving to, without risking a conflict of interest. Direct contact eliminates this issue. Here is some "Legal Information? (not advice) that may be helpful. These are some of the most common ?post-decree? actions that parents take to enforce or modify prior parenting time orders/agreements. 1) Motion to Modify. Parenting Orders are always modifiable - circumstances change, needs change, children mature, etc. A good faith commitment made by one parent three years ago may have been a good idea three years ago; and it may be a bad idea now. Changes to a 50/50 schedule, even significant ones, will be based upon the best interests of the child. 2) Existing Parenting Orders can be enforced. Enforcement motions are also subject to a best interests analysis. Non-compliance can result in sanctions - however, making such a motion opens the door to modification. 3) Education Decision Making Disputes can be brought to the Court when the parents, through the process of joint decision making, can't make a joint decision. Again, the Court will be focusing on what is best for the child. Please note, the Court will not simply enforce a particular decision because one of the parents "wants it or feels like he/she is entitled to a result because he/she was promised. There are some very cost effective ways of addressing problems like the ones you have described.
Answered on May 22nd, 2014 at 9:07 PM

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