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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100492
Experience:  Lawyer
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I have a signed by both parties, mediated separation agreement

Customer Question

I have a signed by both parties, mediated separation agreement which my x is now wanting to go back to mediation to see if she can change it, I have been flexible with the days of child custody so she can travel for business. She now wants to go back to mediation to change our agreement. We have 50/50 currently she wants 60/40.
What are my rights?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
When was this agreement signed?What if any are the material changes in circumstances that have arisen since you signed the separation agreement?
Customer: replied 2 years ago.
Signed agreement was 1 year ago.
Our daughter 8 has been feeling sad and wants our 5 on 2 off 2 on 5 off times to be shorter. My x thinks it is me that is the problem and thinks more time with mom would be better.
Customer: replied 2 years ago.
My x is a button pusher and will push and push until she gets what she wants. The reason I left after 18 years.
Expert:  Debra replied 2 years ago.
So are you saying that your daughter misses the parent she is not with men shall see that parent for five days? Her mother said that she just misses her but not you?
Customer: replied 2 years ago.
Correct! Abigail says she missed both of us.
Customer: replied 2 years ago.
But I believe she is being coached and manipulated by my x.
Expert:  Debra replied 2 years ago.
Then what you might want to consider doing is retaining a registered psychologist who can do a custody/access assessment of the situation.That way Abigail's voice will be heard in a nonthreatening environment. The assessor would get to know you, the mother, and Abigail and prepare a report that you can provide to the court. It is likely best, ***** ***** for you to retain a family lawyer. Sometimes just bringing a lawyer into the mix can scare the other party into realizing that it is best to try and settle as legal fees can be so exorbitant
Customer: replied 2 years ago.
Can I stick to the 50/50 agreement ? And continue seeing a councillor for my daughter ?
Expert:  Debra replied 2 years ago.
You can unless there is an order to the contrary.

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