Question when mediation didn't work


#1

Facts:
Separated Oct 20, 2008
2 children ages 7 and 2

We went to mediation for custody, had an agreement drawn up, after reviewing with my attorney, we wanted to make 2 minor changes, he refused, I didn’t sign the agreement. That was back in December 2008.

We have still not been given a court date related to custody, so we are basically operating on faith that the other person will do what we “almost” agreed on.

So I agreed to let my daughter go to a hockey game with her father on a day that is “mine”. He is being unreasonable and wants to take her directly home from church that day instead of coming to pick her up later in the day. He now says things like “I’ll take her from church whether you want me to or not”.

So is there anything I can do if he picks the children up on a day that is not “his” or doesn’t return them when “his” time is over, etc…?


#2

For the moment there is nothing you can do if your ex doesn’t abide by the schedule in the document. Until there is an agreement or court order in place you both have equal rights to the children. You should schedule a hearing for a temporary custody hearing as soon as possible in order to have a schedule which must be followed.