SPARC Forums

We met with a mediator to discuss visitation, came to an agreement, mediator sent us both letters confirming such. About 5 days before the agreed visitation was to begin, she sent me an email stating she was unable to do the visitation. I called mediators office today, they stated the paperwork needed to be submitted to the courts to become legal. Is this true? I am Pro Se at the moment, she has a lawyer.

Thanks in advance!

It doesn't matter what you agreed, if a judge hasn't signed it, it's not in force. Either party has the ability to change their minds and negate the agreement, even though that sucks. This means that both parties either start over in mediation (better option) or go to court and let the judge decide (worst option). The judge may choose an option that neither parent likes, but they will have to live with the judge's decision for a long time.
BTDT, but not a lawyer. However, if you go to court, you can present the mediated copy to the judge as your preferred parenting plan. It might (maybe) hold more weight than what your ex will come up with.

Thanks.

I would take it to court now. If they offer another mediation session I would just simply say now because it could be a stalling tactic.  Then when you go to court ask for what was agreed upon in mediation. It may not be binding as an aggreement because she changed her mind but the just may just find that she negotiated in bad faith and can compel the agreement in their own order.

My next court date isn't for months from now, can I request an earlier court date?

Is she not allowing any visitation at this time?
Email her and ask her when the kids are free for the next month so you can make arrangements to come and get them. Do this in writing. See how she responds to that.
How did you get a court date if you mediated? Did she sign the agreement? If it is signed then the mediator may be able to still get it through court and have judge sign it.