How do I enforce mediation agreement?


#1

Hi,
My mediation agreement states, “if a parent is not able to care for (the child) during their designated time, they will offer the other parent the right of first refusal.” This was put in to avoid babysitters/daycare. My ex has my child for 3 weeks, starting this week. I am part time, scheduled off Wednesdays and Fridays and have asked repeatedly to get (the child) those days when he is not off work/on vacation, etc. This was supposed to start this Wednesday.

My ex replied:
“I have been giving this a lot of thought. First, he won’t be there for 50 hours each week. I have several things planned to help minimize the time. I was going to monitor how things were going and adjust from there. If it was a problem then I was going to see if maybe you could pick him up when you got off work if that was possible. We are only talking about 3 weeks of this so it really isn’t that big of a deal. There is no need for you to tell work that you can’t work because you need to watch (the child) on Wednesday and Friday those 3 weeks. (The child) is my responsibility when he is with me during the summer and I am quite capable of taking care of him during that time.”

My question: What can I do? He has already gone back on summer visitation, leading us back to court. He has been fighting everything, but I cannot afford to go to court with his every change of mind.

Thank you


#2

You may file a motion for contempt and seek an award of attorney’s fees for having to force his compliance with the order.