Can a Mediation Agreement become null and Void? 11 Answers as of June 02, 2013

I last had mediation for a parenting plan in August 2011, since then my son's father was arrested for drug posession and being an unlicensed driver. After he was released and put on house arrest by immigration, we had our own agreement outside of court. However, now he is trying to force me to follow the agreement set in August at mediation. Is there any way out of it? The last agreement was for him to have my son one morning every week for a few hours unsupervised. I don't trust him alone with my son, especially after his arrest. Is there any way I can fight this?

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Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
The custody agreement that you have is the only agreement. If you want to change it you need to go in for an modification.
Answer Applies to: California
Replied: 3/9/2012
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
You need to file a motion ASAP to modify the court ordered parenting plan to change fathers contact with the child and for a court order for random clean drug testing as a precondition to supervised contact.
Answer Applies to: California
Replied: 3/7/2012
Peyton and Associates | Barbara Peyton
A mediation agreement which was adopted by the court and made into a court order can be modified once either party files a motion to modify it. Based on the facts in your email, you should file a motion to modify the parenting arrangement you now have.
Answer Applies to: California
Replied: 3/7/2012
SHC Law | Shumsha Hanif-Cruz
If the mediation agreement is not an actual court order entitled Findings and Order after Hearing, then it is not something that can be enforced (by the court or law enforcement). If you do not have an actual court order, you do not have to follow the agreement made during mediation. However, if it is a court order, and the father wants to enforce his rights under the terms of the agreement, the only way you can change that is to file a motion requesting modification of custody and visitation at the courthouse near you.
Answer Applies to: California
Replied: 3/7/2012
Law Offices of Frances Headley | Frances Headley
You need to file a motion for modification to take into account the recent events. You should consult with a family law attorney or facilitator to prepare the proper paperwork.
Answer Applies to: California
Replied: 3/7/2012
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    File an Order to Show Cause to modify child custody and/or visitation based on the recent change of circumstances.
    Answer Applies to: California
    Replied: 3/7/2012
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    From the facts stated in your questions, it sounds like there were two agreements. If so, the most recent in time would apply. If the terms to the latter agreement are no longer appropriate given changed circumstances, then you can file a motion to modify that agreement. Best to hire a lawyer to help you. If you can't afford a lawyer, you can use the free services of your local court's "self-help" center.
    Answer Applies to: California
    Replied: 3/7/2012
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    Any time there is a ?change of circumstances? you can ask the court to modify any existing agreement or court order. Until the court changes the Order you need to comply with the current Orders. If the child(ren) are in danger we can get into court within 24-hours to have the existing order changed.
    Answer Applies to: California
    Replied: 3/7/2012
    HADJIAN LAW P.C. | ZARI HADJIAN
    Yes.
    Answer Applies to: California
    Replied: 6/2/2013
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    Custody and child support are always modifiable. With these facts, you could request an immediate ex parte order for dad to have his visits supervised by a court-approved supervision service. Write up what happened in declaration form and attach proof of the arrest and/or charge. Then I advise you strongly to see an attorney. At the very least, go to the Family Law Facilitator's office (located at the courthouse). Get a request into the court NOW. Your son is at risk, and you need to act.
    Answer Applies to: California
    Replied: 3/7/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If the agreement was signed by the court, so it is a court order, you must file a modification to have it modified.
    Answer Applies to: California
    Replied: 3/7/2012
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