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  • #61
    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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    • #62
      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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      • #63
        As for domestic contract...it should be enforced, but often isn't. It depends on what clause, etc...

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        • #64
          It is filed, howevere the one thing they can agree on is the 16 week schedule is no longer functional....what happens now?....They have both agreed that it doesnt work but no other aggreements or orders have been made

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          • #65
            Originally posted by ConcernenedStepMom78 View Post
            Is 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.
            Arbitration is slightly more costly than mediation, and can often take weeks to months before a decision is rendered. Costs for alternate dispute resolution are typically shared between the parties, at either a 50/50 or proportionate ratio dependant on income.

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            • #66
              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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              • #67
                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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                • #68
                  Even with an award via arbitration, parents often ignore it...and then you are back to the trial process.

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                  • #69
                    hmmm, in the interim between all these choices what is the schedule?

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                    • #70
                      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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                      • #71
                        Originally posted by ConcernenedStepMom78 View Post
                        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.
                        draft a parenting plan of what you feel would be best for daughter in the interim...send it to her, with the explanation that you need to have something that is more realistic given the circumstances, and will be applying to the courts for an Interim custody order unless she agrees to it...cc it to your lawyer with a letter that states that you want him to represent this parenting plan as an urgent interim order until a trial date is set...have him take it to court, and stay the day (it usually is only a half day, and most lawyers will have a junior on their team do this). That will get you an interim order for now.

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                        • #72
                          Ipp thank you you responses have been quick and fantastic we truly appreciate your help and dedication. Its horrible the court system is the way it is when children and families need relief from such stress. Im sure this sounds like a bloody nightmarish soap opera

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                          • #73
                            Aren't broken limbs wonderful?? lol One of thses days, I'll post our story, and you will feel much better about your situation!

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                            • #74
                              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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                              • #75
                                You will need to push your lawyer. Demand it as his client. Don't ask him to, tell him to.

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