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Do we need to go through the court to put a new parenting…

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Do we need to go...
Do we need to go through the court to put a new parenting plan in place or can this be done through mediation?
Submitted: 7 months ago.Category: Family Law
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Answered in 5 minutes by:
11/22/2017
Family Lawyer: LegalGems, Lawyer replied 7 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,691
Experience: Experienced Family Law Attorney
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 7 months ago

Hello; based on your last posts this is a CA question so this applies to CA:
CA requires any modified custody or visitation order to be made through the courts; while the parties are free to mediate the topic (either privately or through a court appointed mediator) any agreement would need to be submitted to the court so that it can be incorporated into a court order.

Law enforcement will only enforce current court orders so for example if a party comes to an agreement that Dad will have the kids on Monday, but the court order states Mom is to have the kids on Monday, law enforcement will enforce the court order and not the agreement.

Here is a sample of a stipulated court order application:

http://www.occourts.org/self-help/formpackets/forms/SHC-FL-01.pdf

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Customer reply replied 7 months ago
What if I didn't want a modification to a court order? Do I have to if the other parent wants a modification?
Family Lawyer: LegalGems, Lawyer replied 7 months ago

No; the party desiring it would need to petition the court and see if the court will determine if it is appropriate based on a change in circumstances.

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Family Lawyer: LegalGems, Lawyer replied 7 months ago

Hello again; just checking in to see how things worked out;

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