Statute of limitations on mediation filed

[SESmama]

What is the name of your state (only U.S. law)? Georgia

Ex filed for modification of parenting plan. I did not fight most of it but eventually a compromise was found.

His lawyer was to draft the new plan but has failed to do so and it is over a month.

I am patiently waiting for the draft and truly realize it has not been that long but if his lawyer doesn't write up the draft is there a time limit (statute of limitation) on an agreed mediation to be filed with the courts?

I did not want the change so I will not persu te change if not filed but can the ex ever come back (say in 6 months) and try to enforce the mediation agreement or is he outof luck?

Looked online (Googled and Lexis Nexis) and no luck on this.What is the name of your state (only U.S. law)?

 

[LdiJ]

What is the name of your state (only U.S. law)? Georgia

Ex filed for modification of parenting plan. I did not fight most of it but eventually a compromise was found.

His lawyer was to draft the new plan but has failed to do so and it is over a month.

I am patiently waiting for the draft and truly realize it has not been that long but if his lawyer doesn't write up the draft is there a time limit (statute of limitation) on an agreed mediation to be filed with the courts?

I did not want the change so I will not persu te change if not filed but can the ex ever come back (say in 6 months) and try to enforce the mediation agreement or is he outof luck?

Looked online (Googled and Lexis Nexis) and no luck on this.What is the name of your state (only U.S. law)?

Well, since it was a mediated agreement and not something that a judge ordered in court and then ordered dad's attorney to draw up, its not something that you are required to follow at this point.

Therefore it seems to me that dad would have the most motivation to make sure that it happens.

However if it honestly takes dad's attorney six months to get it drawn up, then you could certainly refuse to sign it and if you didn't sign it then its either back to mediation or it goes in front of a judge.

Some attorneys are incredibly slow to get things down (which disturbs me mightily) some attorneys don't get things done until they are paid (which I completely understand).

However 30 days is not really all that long.

 

[SESmama]

Completely understood that it has only been 6 weeks but his SOP is to procrastinate and since I prefer the original agreement if he tries to come back in 6 months and try to enforce it is there that time limit.

 

[mistoffolees]

Completely understood that it has only been 6 weeks but his SOP is to procrastinate and since I prefer the original agreement if he tries to come back in 6 months and try to enforce it is there that time limit.

There's really no time limit, but if you didn't like the modification, why did you agree to it?

You can always send them a certified letter stating that since they have not filed the modification, you withdraw your agreement and insist on the original plan.

Of course, they then have the right to take it court - if there are grounds for having the court reconsider the issue.

 

[LdiJ]

Completely understood that it has only been 6 weeks but his SOP is to procrastinate and since I prefer the original agreement if he tries to come back in 6 months and try to enforce it is there that time limit.

No, there really isn't a "time limit". However, if you refuse to sign the agreement many months down the road, the less leverage dad has...and the more leverage you have to change your mind.

Of course that assumes that you are not practising the changes. If you are practising the changes then the leverage is all dad's...because then its "status quo".

 

[SESmama]

Does this sound fair?

What is the name of your state (only U.S. law)? GA

CO states:
"For each custody period, the Father shall receive the child at the Mother's residence and after such custody period, the Father shall return the child to the Mother's residence." - it does allow for others to pick up/drop off child.

"The parties recognize the child may be involved in extracurricular activities and shall make the child available for these activities." - does allow for both parties to attend/participate in activities.

I am very careful in avoiding scheduling extracurricular activities on the Father's time. There is one that does sometimes fall over the Father's weekends (he gets first/third weekends of the month with ordinal of Friday).

The Father wants me to do all of the driving to/from the activities from his house. I offered to pick him up as long as he picks him up from me. The Father is the one that moved over a hour away so yes, the transportation did fall on him. Is what I asked for fair?

 

[LdiJ]

What is the name of your state (only U.S. law)? GA

CO states:
"For each custody period, the Father shall receive the child at the Mother's residence and after such custody period, the Father shall return the child to the Mother's residence." - it does allow for others to pick up/drop off child.

"The parties recognize the child may be involved in extracurricular activities and shall make the child available for these activities." - does allow for both parties to attend/participate in activities.

I am very careful in avoiding scheduling extracurricular activities on the Father's time. There is one that does sometimes fall over the Father's weekends (he gets first/third weekends of the month with ordinal of Friday).

The Father wants me to do all of the driving to/from the activities from his house. I offered to pick him up as long as he picks him up from me. The Father is the one that moved over a hour away so yes, the transportation did fall on him. Is what I asked for fair?

It sounds fair to me.

 

[mistoffolees]

What is the name of your state (only U.S. law)? GA

CO states:
"For each custody period, the Father shall receive the child at the Mother's residence and after such custody period, the Father shall return the child to the Mother's residence." - it does allow for others to pick up/drop off child.

"The parties recognize the child may be involved in extracurricular activities and shall make the child available for these activities." - does allow for both parties to attend/participate in activities.

I am very careful in avoiding scheduling extracurricular activities on the Father's time. There is one that does sometimes fall over the Father's weekends (he gets first/third weekends of the month with ordinal of Friday).

The Father wants me to do all of the driving to/from the activities from his house. I offered to pick him up as long as he picks him up from me. The Father is the one that moved over a hour away so yes, the transportation did fall on him. Is what I asked for fair?

How would any of us know what's fair? If you and ex reach an agreement that you're happy with, it's workable. If you can't reach an agreement, then whether any of us think it's fair is meaningless.

As a general rule, the person who creates the distance should be responsible for transportation. But there are plenty of exceptions. In addition, even if he moved an hour away, it's not like you have an hour of extra driving unless he previously lived next door. You would have had SOME driving, anyway.

I would say that each parent should be responsible for all the driving that occurs on their time. That is, if Dad has the child this weekend and there's a football game, Dad should be responsible for getting the child to and from the game. It doesn't make sense for you to drive to Dad's, drive the kid to the game, and then drive the kid back to Dad's, and then drive back home.

As for the visitation travel, the court could go either way - moving parent provides all the transportation or 'receiving parent drives'. When the distance is modest (an hour), an argument could be made for either one.

 

[SESmama]

He is not agreeing and the order is set that he do the driving. However, I know it can be difficult going back and forth for such a distance. No, he did not live near me at the time of the divorce in 2007 so I have not done the driving. These items were in the original divorce decree and were continued in the modification. So this is not something new for him. But it is new that he actually takes his parenting time.

I trust your opinions based on your experiences as mine is not quite so extensive.