When do terms of divorce take effect after mediation? 4 Answers as of June 15, 2011

My daughter went to mediation. Terms were agreed upon custody/visitation/support. Papers filed via mediator. Father has given her a check with no supporting funds in bank and wants visitation for the entire summer. When do the terms of the agreement take effect? When do you receive the documents as evidence? Personally I think she needs an attorney.

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Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
An settlement agreement is binding upon the parties when they sign and the judge signs off on the agreement, but failure to follow the order prior to its signing by the judge, if it has already been signed off on by the parties, is a very bad idea. Not sure what you are referring to as receiving documents as evidence. Perhaps a bit more clarification as to your question would allow me to answer it. If you are in my area and are looking for an attorney, please contact me for a free consultation.
Answer Applies to: California
Replied: 6/15/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
The terms of a mediation agreement do not take effect until they become an order of the court. Even if there is a mediation agreement, that agreement can be revoked prior to a hearing on the issue making the agreement an Order. I agree with you that your daughter needs an attorney. It could be that the father made an agreement to obtain an advantage, when the father has no intention on fulfilling ALL of the agreement. Time is short here most likely, so have your daughter call me immediately to protect her interests.
Answer Applies to: California
Replied: 6/15/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
The terms will take effect upon the parties signing an agreement and that agreement being filed with the court. However support, custody and visitation are always modifiable. Your daughter may need an attorney if the mediation agreement is not being followed or if there are orders that are unclear or unenforceable.
Answer Applies to: California
Replied: 6/15/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
The effective date of any agreed upon terms should be stated in the agreement. And yes, most people are better served when they have the assistance of counsel, even when going through mediation. If your daughter can't afford a lawyer, perhaps you could help her pay the fees. It would be highly advisable to seek the help of a local family law lawyer. Good luck!
Answer Applies to: California
Replied: 6/15/2011
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