It is hard to give you a clear cut answer on what a judge will do when the issue is forcing older children to comply with a custody agreement. The law says that the judge should enforce the order and based on the facts you have presented that is the likely outcome, however the court may question you as to whether or not you really want them to enforce the order if they have some concerns about how your children will react.
Your ex may fight for the kids, but this hearing is not the place where he can do it. This is a hearing about the order only, the court will not consider arguments to modify custody unless there is a motion to modify custody before them.
The court makes you go back to mediation because many of these motions are filed because the parties get very frustrated with each and stop trying to work things out. Sometimes mediation is helpful in getting them back on track.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.