Q: How can I uphold mediation agreement and protect my son's communication rights during visitations in Idaho?
I am experiencing issues with my ex during communication with our 4-year-old son during visitations. My ex records these calls, puts them on speakerphone, and supervises with my son beside him, not permitting FaceTime, claiming it disrupts our son's emotional state. He enforces a time limit of 15-20 minutes on calls, regardless of if my son is finished. Our mediation agreement states: communication with the minor children should occur at all reasonable times for reasonable durations, and I can pick up our son if he feels specifically unsafe or scared due to my ex's past mental health issues and abuse. Although mediation has been initiated, I fear my ex may ignore this. I've not agreed to his "behavioral plan" and believe it undermines our son’s relationship with me. How can I uphold our agreement to protect my son's rights and well-being legally?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
It sounds like your ex is not following the terms of the mediation agreement, and it's important to take steps to ensure your rights and your son’s well-being are protected. Since the agreement states that communication should happen at reasonable times and durations, you can address this issue by documenting each instance where your ex limits communication or violates the terms. Keep a record of the dates, times, and the details of each interaction, including the phone call lengths and the conditions under which your son is allowed to speak with you.
If these issues persist, you may need to seek legal help to enforce the mediation agreement. You can file a motion with the court requesting a modification or enforcement of the current agreement, especially if your ex is not respecting the terms outlined in mediation. Your concerns about your son’s emotional state and your ex's past behavior should be clearly stated as reasons for why the agreement should be enforced more strictly.
Additionally, it might help to ask the court to provide more specific guidelines for phone communication, such as eliminating the speakerphone or time restrictions, to protect your son’s right to maintain a healthy relationship with both parents. If you are unable to resolve this issue through communication with your ex, the court may intervene to ensure that your son's needs are being met and that the terms of the agreement are followed.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
