Mediation and filing for custody


If a temporary custody mediation agreement ran out nearly a year ago and neither parent has made a motion to go back to mediation or court do they have equal access to the children? If so, can the parent that was previously the defendant now file for custody as the plaintiff for the children?


I’ve never heard of a mediated agreement running out or expiring. If this is the case, then both parents would have an equal right to child custody as the other until a new determination is made.

Unless the case was dismissed, the custody case should still be pending, and you should be able to file a motion or calendar a custody hearing without having to file a new lawsuit.


My ex had filed for custody of our girls allegating I had abandoned them even tho they had been living with me. He asked to see them for a few days after wanting nearly nothing to do with them all summer, then claimed Ihad left them and he had them the whole time. He was the plaintiff and I was the defendant. We went to orientation and mediation and did a 6 month agreement that I was bullied into signing because otherwise he said he would make me lose the girls completely. With that agreement being expired, I was wondering if I would have to counter file still as defendant, or if Icould file now as plaintiff. Neither of use has been back to court since.


The same court file will remain open until he files a dismissal or the children are no longer minors, so yes, you will remain the defendant.