Ex wife not following divorce agreement

Asked about 2 years ago - Avon, NY

in the divorce agreement it states that "the father will have the kids at 5pm every tuesday and put them on the bus and 5pm to noon every other weekend" but they want us to take the kids more. so it was finaly verbaly agreed that we will take the kids half the time which often end up more specially before" we have been doing this for almost 3 years now. and now we want to go back to the original agreement but they wont do it.weve been trying this for couple of months.

1. the mediator they went to for their divorce said they dont have to follow the schedule agreement. is it true?
2. is the divorce agreement binding?
3. what are her consequences for not following the agreement?
4.in the agreement says any dis agreement will go through mediator 1st before court. do we have to do that?

Attorney answers (1)

  1. Howard A. Schwartz

    Contributor Level 19

    2

    Lawyers agree

    Answered . The non-custodial parent is entitled to all the time spelled out in the schedule, but is not required to have visitation at all times listed. Of course, if a non-custodial parent continually misses visitation it could be grounds to have the agreement modified.

    Your questions are not really clear. A divorce agreement is binding, for the most part, and can be enforced by the court. One party can always go to court and ask that the agreement be modified. Consequences for not following the agreement can vary, and would depend on the particular facts in a given case. Good luck.

    I have been a criminal defense attorney in New York for over 20 years. website: Brooklynlaw.net Phone #: 718-208-... more

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