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I would respectfully XXXXX XXXXX my colleague. While it may be difficult to prevail at a contempt hearing, I do not believe it difficult to file a contempt motion, which was your question.
I am a family law attorney with over a decade of experience and probably over a hundred contempt motions. As such, I feel completely comfortable answering the question you've posted.
Are you ok proceeding with me at this time?
After your mediation, and as you alluded to, the judge signed off on the mediated agreement. Once that occurred, that mediated agreement became a court order that you are both required to abide by.
If the other party has violated any term of that agreement, you may file a motion for contempt. The title of the motion would be a motion for contempt. Alternatively, you could title it as a motion for enforcement if that is what you seek. And, of course, if you seek both contempt and enforcement, then title it as a motion for contempt and enforcement.
The contents of the motion would be rather straight-forward:
Once the motion is drafted, file it with the clerk of court and then set it for a hearing. At the hearing, you will need to demonstrate that the other party knowingly and willfully violated that order.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
When was the mediation?
It sounds like you're saying it was NOT signed off on by the judge yet, correct? If so, why not?
What has been violated?
There was only and order to mediate, the final child-parent modification has not been signed because there are discrepencies currently being reviewed. While being reviewed, these violations occurred.
What will be listed are a few and not the typical kind that would be sought in an enforcement such as child support, allimony, visitation, etc. The parties were not to use corporal punishment, or to speak in a negative way about the other. These things and more were confirmed by the child's teacher.
As the mediation agreement has not yet been signed off on by the judge, you probably won't have much success with a motion for contempt. As I stated above, contempt is in reference to a violation of a court order.
As I see it, here are your options:
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