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Category: Family Law
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Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Our divorce decree states if we cannot come to an agreement

Customer Question

Our divorce decree states if we cannot come to an agreement on any changes made to our parenting time plan we have to mediate. We had a day and time set with a mediator and now my ex cancels. What do I do now?
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good afternoon. Do you know why they canceled? Have they made any good faith effort to reset it?
Customer: replied 1 year ago.
My ex is afraid. I have nothing to lose in asking to change custody. I live 5 minutes away from them have a 5 bedroom house with a room for each child, they come over now 2 days a week and I want a 50/50 arrangement. I believe she knows I can get that and wants to force litigation.
Expert:  FamilyAnswer replied 1 year ago.

Thank you. If the decree says you have to mediate, then it must be done, as the first step. The parties need to enter into it, in good faith. If it does not work out, then you can proceed through the court bur she needs to comply. In a situation like this, you should give her some new dates to reschedule and go so far as ask why she canceled when she must mediate. If she refuses, then you can file a motion with the court, asking the Judge to compel her to mediate or else hold her in contempt for violating a court order. If she is acting in bad faith, the Judge may even order she pay for mediation. Now, if she still refuses and you file for the change, you would need to inform the Judge you did make a good faith effort to mediate and tried numerous times but she failed to cooperate.

Expert:  FamilyAnswer replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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