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  • Headed for court

    I sent an email to my ex requesting we try a 2-2-3 schedule as we are currently in mediation. For 7 weeks we have tried hers "in good faith". I proposed more time with my kids is in their best interests and she refused and said if I am not willing to agree to her terms in mediation, she will instruct her lawyer to start a court action.
    In my email I explained the maximum contact for our kids(D2 , S7) and that I would continue to pay current support with no change. I'm going to request that we return to mediation but shes not going to budge.
    What schedule do we follow once a court action is started? Our mediated one we have started for 7 weeks or our old one that had us doing shared parenting time in her home(the reading why we went to mediation)?

  • #2
    Our original separation agreement said that our schedule (the one with shared parenting time) would remain firm for 2 yrs until 2021.

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    • #3
      I think the original one is a mute point as you mediated a new agreement. I would go with the mediated one for now.

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      • #4
        Originally posted by standing on the sidelines View Post
        I think the original one is a mute point as you mediated a new agreement. I would go with the mediated one for now.
        But we have yet to sign off on the new agreement. If we goto court do we follow the one we tried in mediation?

        I'm asking her to come back k to the table and mediate as I want 50 50 but shes outright refusing. It's her way or the highway.

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        • #5
          If all else fails, the signed agreement is the one you abide by. While you may have settled on certain matters in mediation, an agreement was not prepared or signed. As such, whatever was agreed to in mediation isn't in effect.

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          • #6
            Originally posted by HammerDad View Post
            If all else fails, the signed agreement is the one you abide by. While you may have settled on certain matters in mediation, an agreement was not prepared or signed. As such, whatever was agreed to in mediation isn't in effect.
            Even if both parties agree the signed schedule is not in the kids best interest? The new one is much better however very limiting to time with Dad.

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            • #7
              An update. Ex has reconsidered and will get back to mediation.

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