And I have a question....Is a domestic contract enforceable as an Order?. In their "simple" divorce there were no "Court Orders" defining their custody/access and parenting time, the Judge did not even make an Order that they follow their Seperation Agreement.
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If there is a signed SepAg, it should be entered into the court file and followed...any subsequent agreements between the parties should be entered as consent orders...it ensures there is always something for the court to follow, and for the parties too, of course....it reduces the stress and strife in the long run.
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Originally posted by ConcernenedStepMom78 View PostIs arbritration not costly as well? Trial is costly too we know this but ConcernedDad may be entitled to costs under Family Law Rule 24(1) as well as other ss therein, not certain of all categories hed fall under.
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There are no clauses only that it was drafted and followed during the time which "mom" was working her 16 week work rotations but that is no longer relevant, since she no longer has that schedule, It was also drafted when she lived around the corner but no clases were put in other than they would have to amicably agree to new terms if circumstances changed, such as a move of residence, but they have not yet been able to amicably agree.
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Current options: Try mediation or arbitration, or wait for the trial process to unfold...wish there were more...
If it is just the one thing (parenting time) at issue, mediation may work...since it will bring the parties together with a neutral to discuss the concerns and desires on each side.
Arbitration works when no agreement can be made between the parties, and often is the "next step" after mediation. Most mediators and arbitrators cost anywhere from $170-$300/hour.
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IPP we feel like we are going to lose our minds this has been going on for so long with NO relief, its daily even that she emails or texts changing this day and that day and the times, and even when she changes the time to say 7:30 she'll show up at 7 she does as she pleases and we caanot have any life, because we are "on call" 24/7 for her.
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Originally posted by ConcernenedStepMom78 View PostIPP we feel like we are going to lose our minds this has been going on for so long with NO relief, its daily even that she emails or texts changing this day and that day and the times, and even when she changes the time to say 7:30 she'll show up at 7 she does as she pleases and we caanot have any life, because we are "on call" 24/7 for her.
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I have been at work following along best I can.
IPP, you are incredible and thank you to the rest of help here. I will send something of such to her and my lawyer.
Am I correct in assuming that it is sort of pushing my lawyer to act by including the note that he is to get an urgent interim order until trial? He may still sit back and do little to nothing.
Again, thank you and I'll give this a try. I just don't want idle blank threats without a follow-through or she will never take anything seriously. Hopefully, he sees this possibility as well and in fact act. Reminds me of The Princess Bride movie where Wesley and Vizzini are to drink the poison and Vizzini theorizes how he will drink from the cup which does not have the poison. LOL
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