We have a mediation agreement with the grandparents for visitation rights and they continuously break the contract. We have physical proof of shear neglect to follow it.
We have had several problems with the party not following the mediation and were wondering if there is legal action we can take or can we refuse to accommodate the mediation until we speak to the courts.
It is unclear from your question whether the grandparents actually enjoy some type of custody over the children, or if they are merely visiting the children - that makes quite a difference. Grandparents under normal circumstances have limited visitation rights in Indiana. However, if the grandparents were actually granted some type of custody under your mediation agreement, that will give them significant rights.
In any case, a judge-approved mediation agreement is considered a court order just as if the judge had written it himself, therefore all parties are bound to comply with the provisions of the agreement. If the grandparents in your situation are consistently violating the agreement, you can take them back to court and ask the judge to find them in contempt. You would do this by filing what is called a "motion for rule to show cause." Given the seeming complexity of your situation, it might be a good idea for you to sit down with a good family law attorney and discuss your case in more detail.
Hope that helps.
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