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HuntersDad1

Parent denying mediation

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Hello,

 

My ex wife and I have had a finalized mediation agreement for our son since January 2018. Currently, she has only met me at the agreed upon meeting spot a handful of times. We are now almost in June and I still have to drive the full distance to swap him, because she can't keep a working vehicle. Should I be reporting this? If so, how would I go about doing that? 

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If your ex is violating your mediation agreement, your recourse is to file an enforcement action in the court that approved the agreement.  The probability of success will depend on a number of factors not apparent in your message, such as: How many exchanges has she missed, out of how many scheduled exchanges?  How much farther have you had to travel on the missed exchanges?  Has she the means to maintain a working vehicle, and if not, are other means of transportation available?  Is your son old enough to use public transportation?

 

You would be well-advised to try to work out an acceptable alternate arrangement for exchanges with your ex before you head for court.  If she is truly unable to keep up her end of the current arrangement reliably, the court could impose a different one, which might be even worse than the one you have.

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On 5/27/2018 at 11:17 AM, HuntersDad1 said:

My ex wife and I have had a finalized mediation agreement for our son since January 2018.

 

I assume you're referring to an agreement reached through mediation.  Correct?  If so, has this agreement been adopted by the court as an order?

 

 

On 5/27/2018 at 11:17 AM, HuntersDad1 said:

Should I be reporting this? If so, how would I go about doing that?

 

Reporting it to whom?

 

I'm really not sure what you have in mind here.  If your ex-wife is not following a court order, you can seek to have her held in contempt and/or a modification of the existing custody/visitation order.  However, before doing so, you probably should try to work things out with your ex.

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I

On 5/27/2018 at 11:15 PM, Ted_from_Texas said:

If your ex is violating your mediation agreement, your recourse is to file an enforcement action in the court that approved the agreement.  The probability of success will depend on a number of factors not apparent in your message, such as: How many exchanges has she missed, out of how many scheduled exchanges?  How much farther have you had to travel on the missed exchanges?  Has she the means to maintain a working vehicle, and if not, are other means of transportation available?  Is your son old enough to use public transportation?

 

You would be well-advised to try to work out an acceptable alternate arrangement for exchanges with your ex before you head for court.  If she is truly unable to keep up her end of the current arrangement reliably, the court could impose a different one, which might be even worse than the one you have.

 

 

We had mediation at the end of January, and started the new time sharing agreement then. Since January, she has only met me maybe five times; we swap every Friday. Usually, I have to drive 30 mins extra one way to her house or to a meeting spot close to her home because again, she does not have her own vehicle anymore. She does have a job and hardly any bills, so she does have the "means" for a vehicle, but spends her money irresponsibly. For the time being, she uses her mom's car, which is not always reliable. Unfortunately, my son is only three years old, and public transportation is not available.

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On 5/29/2018 at 11:09 AM, pg1067 said:

 

I assume you're referring to an agreement reached through mediation.  Correct?  If so, has this agreement been adopted by the court as an order?

 

 

 

Reporting it to whom?

 

I'm really not sure what you have in mind here.  If your ex-wife is not following a court order, you can seek to have her held in contempt and/or a modification of the existing custody/visitation order.  However, before doing so, you probably should try to work things out with your ex.

 

Yes, it is a finalized court order. As far as working things out, we are for the most part civil, but she is highly irresponsible in a lot of regards. She is refusing to get a car because she is relying on the fact that I will make the extra drive to pick up our son from her house or a close meeting spot to her house, which neither are the agreed upon in court meeting spot.

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You'll have to decide whether the extra driving time is worth going to court over.  That's a decision only you can make, but it would be worthwhile to make the decision in consultation with your/an attorney.

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