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Roger, Attorney
Category: Legal
Satisfied Customers: 31593
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have a court order set in place due to an agreement I made

Customer Question

i have a court order set in place due to an agreement I made in mediation. the mediator didn't make it understood that this was something we have to follow but to work with type of thing. I dont feel comfortable with the things I agreed to and I can't afford it either so I guess my question is what are my options from here to have changed when its only been set in september?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: arizona
JA: Has anything been filed or reported?
Customer: not yet but he is saying if I dont let our son come out for his wedding he is going to file to enforce the court order
JA: Anything else you want the lawyer to know before I connect you?
Customer: just that my son is three and the court order was for my son and me to fly out to new york every third month for a month and that I have no idea why I agreed to that when I can no way afford that.
Submitted: 4 months ago.
Category: Legal
Expert:  Roger replied 4 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Unfortunately, when you agree to terms in a mediation agreement, you're stuck with those terms unless both parties agree to the change in terms OR if you were deceived or tricked into the terms, it could be difficult to change the terms.

Expert:  Roger replied 4 months ago.

That said, you have a right to file a motion to modify the order and request the court to change the terms.

Expert:  Roger replied 4 months ago.

However, this could be a very difficult thing to prevail on if you have any resistance from the other party.

Customer: replied 4 months ago.
Im looking into getting a lawyer because I can not follow through with the agreement. I was under the impression we can come up with something to work off of and change if need be. What if I filed to have it changed because I can't follow it? and what kind of trouble can I get in if Im not following it yet? Can they take my son to new york without me?
Expert:  Roger replied 4 months ago.

It's probably a good idea to consult a lawyer....and yes you can ask the court to modify the agreement provisions that you can't comply with; but you're not guaranteed that this can be changed. However, if the judge can be shown that you cannot meet the standards set, it certainly could be changed.