Temporary Mediation Agreement

2 posts in this topic

Please help,

First of all I want to say, that my son is almost 11 and I have had full legal custody and full legal placement of him up until 2010, and his father who is a repeat payer for child support, up until the summer of 2010 demanded that I give him 50 50 custody of our son who he never saw on a regular basis all because my boyfriend and I brought a house

December 2010 my ex and I went to mediation, however we were unsuccessful, And came up with this custody Temporary agreement pending a trial, this consisted of joint custody and a vague wording regarding holiday and break placement of our son.

On the temporary agreement that we received from the mediator stated on the bottom “this is a Temopory agreement pending a trial and expires after 90 days“, However the form that was submitted to the Family court commissioner and that was filed, failed to have the "this expires after 90 days" on it, so to my understanding this is still in effect after 2 years and no trial?

I want to know how would I go about having this Temporary order dismissed, and have the original court order stating I have full legal custody and placement reinstated?

I worked with an attorney on a permanent, more detailed custody agreement for us to follow, however just before it was to be signed my ex decided he didn’t want this and has never signed anything.

This temporary agreement that we have is so vague, nothing has been specified regarding holidays, school breaks ect, as it was left up to my ex and I to work together as "responsible" parents should do, But because of its vagueness he likes to change the wording to suite himself and his current situation, for example it says... "Holidays and school breaks the parties shall split holidays equally and shall split days off during spring break thanks giving, and Christmas break equally", there is no consistency with this order, it really is a joke.

We have always split the day OF Thanksgiving and Christmas, but last year he decided on thanksgiving day that he gets the whole day... and refused to let me spend the holiday with my son, as with my sons birthday, to punish me as he claimed he refused to let me see my child.

After all these years of him being a father of convenience...seeing his son when he wanted to, or if it benefit him, and now he’s telling me when I can and can’t see my child?

Hes a bully and its been Hell, I apologize for rambling,

What would be the steps if any to have the original court order regarding custody be reinstated? Is this something I can do myself, or would I have to go through a lawyer?

Please help!

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Is this something I can do myself, or would I have to go through a lawyer? Please help!

Would be a good idea to at least consult with a local Family Law Lawyer to advise you further on this matter. Many lawyers do offer a free consultation.

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