I'm sorry- I see that her attorney was.
Generally, a mediated settlement is binding and the court will incorporate it into the order. There are grounds for voiding the agreement, but these require such things as:
failure to disclose assets/income
It is hard to argue undue influence when one's attorney is present.
Normally if a party unreasonably refuses to comply with a signed agreement, the court can impose sanctions- it is best if that is included in the agreement, but if it is not the judge still has the ability to award sanctions-such as attorney fees incurred as a result of a frivolous challenge to the agreement.
The judge will also get frustrated if one party is unreasonably frustrating settlement, so normally the attorney will document this by submitting a declaration detailing the number of times of past similar issues, to help persuade the judge to make an aggressive ruling that allows for recovery of attorney fees in defending meritless challenges.
Since there is a young child involved, it is also a good idea to ask for future attorney fees in the event of frivolous challenges. The court is more likely to award fees if there is a warning in the order re; future challenges.
Further questions? Please post here to continue the chat.
Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned
5 stars *****
as I strive to provide my customers with great service.
(no additional charges are incurred).
Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.