Telephone Contact w/ Children

[notthemama]

Question: Is my fiancé (has primary residency) being unreasonable by asking the BM to only call for the children on Monday & Thursday? -- Story below ...
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My fiancé recently was granted primary residential parent after his ex-wife attempted to modify custody in order to relocate over 60 miles away.  Prior to this, neither parent had primary residency but they had a joint custody agreement in which she had the children (son - 7 & daughter - 5) from Sun evening - Thur evening; and he had the children the remainder of the week.  

As of the final hearing, he has both children from Sunday - Friday; and she has the children the remainder of the weekend.

Both of their lawyers are finishing up the final paperwork from the hearing and the BM is now asking to have several other things (that wasn't discussed in the hearing or during mediation) to be added granting her:

1. Tuesday afterschool visitation guaranteed until 5:30 PM.
My fiancé told her prior that he didn't have any problem with her getting the kids on some Tuesday's afterschool until 4:30, but that it couldn't be every Tuesday.
2. She wants it documented that she can call the children every night that the kids are with him at a set time -except for Tuesday because she will be travelling to volunteer at their school and will see them (my fiancé asked her if she could call on Monday & Thursday only because on Wednesday we would be at church and the children would go immediately to bed when we got home. We both feel that her seeing and/or talking to the children 6 out of 7 days is a darn good deal).  

She and her attorney are now threatening him by saying if he doesn't agree they will bring these issues to court.  His attorney feels the additional language they are requesting to be added is inappropriate since those issues were never brought up in the hearing or mediation.

He has complied with everything she asked for in mediation prior to the final hearing on August 5, 2005.  Now, mind you, during mediation - all of his ideas were pretty much dismissed by the BM & her attorney; although he offered ideas for both the custodial and NCP.  But he agreed to several things she wanted included in the Mediation agreement that includes allowing the custodial parent every 5th weekend and/or the last Sunday of each month.  Granted, she assumed that she would be the CP and never thought of what she would "want" if she had to be the NCP.

[jilly]

Let her take him back to court.  Just might piss the judge off that she's wanting to add things AFTER they already settled everything in mediation.  Doesn't take a rocket scientist to figure out that she thought she would end up being the CP and once she found out she wasn't going to be the CP she wanted more for herself.  You can bet your bottom dollar that if it had gone in her favor and your fiance wanted what she's asking for she'd fight him tooth and nail.  His attorney is right.  Tell her to go pound sand. :D

[notthemama]

Thank you for the response.  He is sticking with his guns!