My ex and I went went through our mediation session. Unfortunately, she would not budge on moving to 50-50, however, I managed to get her to agree to more access time. When I received the minutes of agreement from the mediator, I found that it included issues that were never agreed on by me, issues that were raised at the session and were included in my mediation brief but not included in the minutes (she was not abiding to financial parts of our separation agreeement). I was not pleased and have made several changes, myself, to the agreement and it has been forward to my ex's lawyer.
My first question is: If my ex and I don't agree on the first draft of the settlement, can it be tossed out? My lawyer advised me that because we agreed to it at mediation, we do not have the ability to pull out now. I disagree because I believe the minutes are not final until both parties sign off on it. The way the minutes read now that that I am forced to allw my son to spend a month away on holidays with a third party, which I will not agree to.
My lawyer advised me on a couple of issue which I wanted to get a second opinion on as I don't think she is correct. 1. The access calculation is based on the child's school year calendar. Any access outside of the calendar does not court towards access. For example, if my ex works nights all the month of July and I take care of him overnight, it's not really considered access time. 2 - Summer holidays/march break is not considered part of the access calculation.
I'm really at a loss on what to do next. Thanks<O</O
My first question is: If my ex and I don't agree on the first draft of the settlement, can it be tossed out? My lawyer advised me that because we agreed to it at mediation, we do not have the ability to pull out now. I disagree because I believe the minutes are not final until both parties sign off on it. The way the minutes read now that that I am forced to allw my son to spend a month away on holidays with a third party, which I will not agree to.
My lawyer advised me on a couple of issue which I wanted to get a second opinion on as I don't think she is correct. 1. The access calculation is based on the child's school year calendar. Any access outside of the calendar does not court towards access. For example, if my ex works nights all the month of July and I take care of him overnight, it's not really considered access time. 2 - Summer holidays/march break is not considered part of the access calculation.
I'm really at a loss on what to do next. Thanks<O</O
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