When my ex-wife and I went to court over custody of our two children, the court appointed a person who came in and talked to the kids and visited both of our homes. (We both live in Indiana but live in separate counties 45 minutes apart). She wrote up a report with her recommendations and gave it to the judge. When my ex-wife read that her recomodations would be for them to go to school and live with me and that their mom should get them 3/4 weekends and 1 mid-weekly visit (noteing she was to stay in our county and bring them back to my home by 9 p.m.) we ended up settling out of court and I took over as custodial parent.

The only thing is now that we settled out of court my ex is saying that what the court appointed persons report says doesn't matter and that she can take the kids to her home 45 minutes away and that I am required to drive to bring them back in the middle of the week. I understand on Sunday evening me having to pick them up on the 3/4 weekends, but doesn't the Indiana guidelines in general say "to be returned by 9 p.m."? "Returned" to me means she brings them back home.

I am not familiar how Indiana does it in particular, but here is how I would approach it:

The terms of your written settlement agreement will control. If it incorporates the report by reference, then the report would also apply. The Indiana Guidelines would probably be considered in understanding the settlement agreement, when the agreement doesn't address the issue.

I don't know that "returned" necessarily means that she will do the returning. Maybe, but not necessarily.