Following my partners separation and custody agreement, it states that any disputes between parties is to be first

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Customer: Following my partners separation and custody agreement, it states that any disputes between parties is to be first discussed between eachother followed by mediation before proceeding to the courts. Recently my partner has been "served" a letter by his ex partner stating changes she would to make to their original separation agreement. One of her requests is for communication to go through a third party following allegations shes making of my partner yelling at her. While she is requesting 3rd party for all communications she is requesting that he follow the steps outlined in their original agreement and to sit down with him personally in person to try to come to an agreement. I'm concerned that this may set him up for more allegations of verbal abuse and harassment (i don't see why she would ask for a personal one on one sit down when she's claiming she wants a third party for communications regarding their child together.) My question is : since she is accusing him of verbal abuse and harassment would it be reasonable to skip past trying to civilly come to an agreement and proceed straight to mediation or court? Is it enough reasonable grounds to not follow those steps outlined in their original agreement?( original agreement stating they are to try and work through it together first, then mediation, then court).
Answered by Legal Ease in 4 mins 1 year ago
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Customer
It also needs to be added that she is proposing to limit and eliminate his visitation. She is requesting that he take the steps outlined in the original agreement yet before following these steps herself she is already refusing visitation and following her own discretion for visitation as she is proposing. Would this be another reason to skip mediation and head straight for court with a contempt of court motion or change to order motion?
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Legal Ease, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Legal Ease, Expert

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Legal Ease, Expert

I know your question is important to you and I will be giving it the time and attention it deserves.

I am sorry to hear of this difficult situation.

He did agree to try to work things out before mediation. That makes sense because mediation is very expensive so it could be that he agrees to work things out but not sit down face-to-face. They could work things out through telephone conversations or through FaceTime or even through email if necessary but so long as their agreement doesn't say they have to sit down face-to-face he doesn't have to do that.

Does that make sense?

Customer
Since she accused him of becoming abusive over FaceTime previously while discussing, would it be best to go through email or would my present be helpful during the FaceTime?
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Legal Ease, Expert

It would not be appropriate for you to be on FaceTime. They could have someone who is not biased assist them or he can say that given her accusations they can only communicate directly with each other through email.

Customer
Also, if they do not agree or come to terms with anything what would be the next steps since she is already disregarding their agreement for visitation and following her own schedule? There has been zero issues at all for 3 years until my partner and I became engaged. Since the engagement was threats if withholding visitation, taking him to court, taking away his son etc and my partner does have documented proof of her threats if taking away his child after being told about the engagement.
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Legal Ease, Expert

If they don't reach an agreement then they proceed to mediation.

Customer
there is nothing to ensure that my partner gets access to his child in the meantime? He cannot file a contempt of court? He is going on 2 months of not seeing his child.
Customer
Also, she will not split costs for mediation and expects him to pay all costs for it- which is not financially doable. If she is not willing to contribute to mediation costs does that make proceeding to court self represented the next option?
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Legal Ease, Expert

She has no right to require him to pay for the mediation unless the agreement states that. She has to pay for half of it and the mediator would insist on it.

If she is denying access then your partner can proceed to court on an urgent basis or even an emergency basis if he wants to allege that she's parentally abducting the child given that she is in breach of the separation agreement. He cannot file for contempt of court unless the agreement is registered in court first.

Customer
Ok he will attempt to negotiate abd settle through email. Previous to receiving her letter she was refusing to speak to him at all but to inform him of being served abd did not want to talk about his response, directing him to speak through her mother as a 3rd party. Should he still proceed to talk to her directly through email or try to negotiate new agreement through her mother as she requests?
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Legal Ease, Expert

He should not go through her mother. That's ridiculous.

Customer
Just to cover basis, he will proceed to respond to her letter addressing her points with his own requests. If she is still demanding he speak to her mother and not to here with these issues he will proceed to mediation requesting that costs be split.
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Legal Ease, Expert

That makes the most sense to me.

Customer
If refusal to split costs for mediation to occur, then he will proceed to the next step which is court? If visitation is still being held with the next scheduled time refused he can file on an emergency basis.
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Legal Ease, Expert

Yes to both questions. At least he can and should try to proceed that way.

Customer
Thank you for your guidance!
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Legal Ease, Expert

You are very welcome.

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Legal Ease, Expert

Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Customer
Hello! I have a question pertaining to this original question
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Legal Ease, Expert

Could you please start a new post? I can't get paid if you don't.

Thanks but be sure to put my name into it of course.

Customer
I started a new post abd requested Debra
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Legal Ease, Expert

I found it. It had been placed on the US law list in error but I've been able to move it over to the Canada law list.

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