Can I change our mediation agreement? 4 Answers as of May 03, 2011

Can I revoke a mediation agreement if I no longer agree? The judge has not signed because we still have a court date on Monday and I believe since the father of my kids has no residence and live in different counties that I should have full physical custody and since dad only gets the kids 4 day out of the month too. He also works but its under the table so he lied to the court about working and where he lives so I really want to revoke the agreement and let the judge hear our case and be the judge.

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Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
It is doubtful that you can revoke an agreed upon mediation agreement. But give it a try before the judge, just say this is not my agreement.
Answer Applies to: California
Replied: 5/3/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Whether you can change the terms of your mediation agreement is dependent, at least in part, on the terms of the mediation agreement and when and where the mediation agreement was entered.

For example, if the mediation agreement was a Los Angeles Superior Court Conciliation Court Agreement and Stipulated Order re Custody and Parenting Plan, you would need to FAX or mail a written objection to that Agreement to the Supervisor of Family Court Services before the date of the next scheduled hearing or less than 10 days from the date of entry into that Agreement, unless it was otherwise stipulated in that document.

If the time limit for objection has already passed, you can still try to object to the mediation agreement at the time of the hearing.

If you have just gotten "cold feet" after entering the Agreement, that would likely not provide grounds for the Court to set aside the Agreement.

If you have no admissible evidence regarding the father's income or earnings, the fact that you know or believe that the father lied to the Court about his income does not provide any basis for modifying the existing Child Support Order.

If you have just within the last few days learned that the father has no residence or lives in a different county from the place where he claimed to live, you should bring that to the Court's attention.

Since you didn't set forth the specific terms of the Mediation Agreement, I am unable to comment on its terms or your chances of having any specific terms set aside by the Court.

You would best retain an experienced Family Law Attorney to represent you in custody and support proceedings with the father.
Answer Applies to: California
Replied: 4/30/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
I can get that agreement revoked but only if you telephone me this weekend, and I argue the case for you Monday morning. Don't delay call me right now. If you do not make the proper motion and cite and argue the exact correct law the Judge will probably overrule you to get the case off the daily docket. Here is your chance.
Answer Applies to: California
Replied: 5/2/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
You can definitely change your mind. I do not know what you agreed to in mediation, since you did not say, but give the reasons to the Court for disagreeing with the Mediator's recommendation that you just provided in your inquiry. You thought about it, and though you want to promote a healthy and consistent relationship between the children and their father, their best interests are not served by granting custody and visitation responsibilities to him that he cannot reasonably handle at this time. His current circumstances (transient from county to county, no stable home, no demonstrable income) do not permit him to properly care for the children. How is he going to feed them? Where will they sleep? You are asking for sole physical and legal custody until his circumstances change.
Answer Applies to: California
Replied: 5/1/2011
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