My ex and I went to mediation last year. It has almost been a full year and the legal decision making and parenting time plan seriously need to change. In order to modify it do we need to go back to mediation first? The conflicts him and I are having are resulting into massive arguments almost to the point I want to ask for a restraining order.
I am sorry to hear that. I would need to review your Orders to see if mediation remains a requirement.
The manner of seeking change is through a Petition to Modify. You can modify Legal Decision Making upon a showing of "the failure of the other parent to comply with the provisions of the order", or other significant and continuing changes. The court may modify parenting time rights whenever modification would serve the best interest of the child, "but the court shall not restrict a parent's parenting time rights unless it finds that the parenting time would endanger seriously the child's physical, mental, moral or emotional health".
A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, ½ hour consultations, in which your matter can be discussed in detail. That would be a great opportunity to discuss the specifics of your matter and develop a plan. I would encourage you to quickly schedule this free consultation.
First, you need to review your last court order to see if Mediation is required before you file anything. Most court orders will require you to mediate the dispute before you file anything, so its probably best to go that route. If you are still seeking to modify the orders you should reference the court forms and instructions to see what is required. You can find a link to them here https://superiorcourt.maricopa.gov/llrc/fc_group_21/
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