mediation agreement vs. court order

[bananas]

"I am in the process of divorce.  Two weeks ago the magistrate in Ohio awarded me temp. custody of our twin girls, age 8 months.  My STBX was ordered to pay me child support.  His visitation was ordered to be from Thurs at 9am to Fri at 6pm every week.

The following week (last week), we went to mediation to try to resolve the visitation issue.  My STBX wants more overnights.  I am opposed to overnights at this time, because the babies are young, and maintaining a routine is essential.  Once the babies are older, I have no problem with him having overnights.

Last Tuesday in mediation, the mediator said she found four different sources saying that overnights are bad for babies until they're at least 18 months old.  She asked my STBX if he would be willing to take them on Wednesdays and Fridays from 12pm to 6pm, and he agreed.  STBX has Wed-Fri off.  STBX said he had plans on Wed so he would pick them up Fri.

Last Wed, STBX called me five times, saying he no longer agreed to what he agreed to the day before in mediation, and he said he would pick the girls up on Thur at 9am per the court order.  I told him that he couldn't, since we had agreed in mediation to Wed and Fri, and that mediation overrides the court order.  The mediator said that if this didn't work out, we would have to go back to mediation to agree to something else.

My STBX did not pick the girls up on Thursday.  He also didn't pick them up on Friday at 12pm.  He did not call or anything, just didn't show up.

1.  Am I right to follow the mediation agreement instead of the court order?  The mediation agreement isn't in writing yet.

2.  Any other suggestions/advice?"

Thank you for any help you can give.

[socrateaser]

>1.  Am I right to follow the mediation agreement instead of
>the court order?  The mediation agreement isn't in writing
>yet.

It depends on whether your existing orders or state law permits the parents to independently modify the court orders by agreement. If they do, then the mediation agreement will supersede the existing orders. If not, then until the mediation agreement is signed by the judge as a stipulated judgment and entered into the court files, the current orders remain in force.

>2.  Any other suggestions/advice?"

I would have the mediation agreement signed and entered by the court to remove all doubt on the issue.