Ex wife not following divorce agreement

Asked over 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 20


    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

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Deciding between a Divorce and a Legal Separation

A legal separation and a divorce are different because a separation does not end the marriage. Spouses live apart and remain married.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

30,662 answers this week

3,233 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

30,662 answers this week

3,233 attorneys answering