Can a Divorce Mediation agreement be null and void at any time for certain reasons? 3 Answers as of June 15, 2011

My husband and his ex-wife did a mediation agreement but the agreement doesn't really apply now since both have moved to different states and have been in verbal agreement about how visitation for the kids are handled. Is the agreement approved by the court null and void and if so does the verbal arrangements hold true since the ex-wife is refusing to go with what they have agreed upon verbally?

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Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
The divorce mediation agreement is never null and void unless it is voided by a court order. The verbal agreement should be ratified into a joint stipulation for modification, which would then be filed with the court and ratified by a court order (thereby modifying the existing order). If she's no longer agreeing, he can file a supplemental petition for modification based on the substantial change in circumstances (both of them have moved) and attempt to modifying he existing agreement and order that way. My office offers free initial telephone consultations if you would like to discuss this matter in more detail, as well as explore the potential rights and options available. If you would like to coordinate a free initial telephone consultation, please contact my office.
Answer Applies to: Florida
Replied: 6/15/2011
Gregory T. Buckley, Attorney at Law
Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
Until a court rules otherwise, the original order is in effect. It would appear that one of the parties should file a motion modify.
Answer Applies to: Florida
Replied: 6/14/2011
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