My ex husband and I agreed in mediation that our son would go to a specific summer program. The reason he is going is because he is diagnosed with ADHD and this program offers behavior therapy and resources to help him. Now, a month before the program starts, he says he can not make the drive to the program and he is going to enroll him at a regular camp without my consent. He is refusing to take him or pay half for the one we agreed on and doesn't care that it is recommended by his doctors/therapists. At mediation he also stated he could bring our son to me in the morning after his overnight so that I could take him to the program if he couldn't, but he since moved about 30 minutes away from me so that is no longer an option according to him. What can I do?
If your mediation agreement was ratified by the court in a court order, then you can file a motion for contempt against him if he is not abiding by the agreement as you stated. Use of an attorney is recommended.
Was the agreement reached at mediation reduced to writing, signed by the parties, and ratified by the court? If so, pursue a motion for contempt. You should consult and hire an experienced family law attorney to assist you with this process.
As mentioned above, if you the agreement was reduced to writing and made part of a court order or consent order, it will be enforceable by the court. You may have to file a motion to enforce the agreement. Please contact an experienced family attorney as soon as possible because it will take time to prepare the motion, if necessary, and get a decision from the court..
This answer does not constitute the establishment of an attorney/client relationship nor is there any guarantee that this advice will be completely effective in a court of law. A consultation, including review of court orders and other documents is necessary in order for me to give you proper advice and guidance.
The issues you have mentioned are definitely enforceable if they are in your mediated settlement agreement. You can file a Motion to Enforce the Agreement and a Motion to Compel/and for Contempt as my colleagues have previously stated. I would definitely recommend that you hire an attorney so that this process can go as smooth as possible.
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