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Sprung09 · Oct 20, 2009, 06:22 PM

My husband was served with Contempt of Court papers, he currently has a child custody case open with the same county. Anyway, him and his ex went to mediation and agreed upon a different parenting plan than the courts have in the permanent orders. Now, over two years later she wants to go back to the original court orders, my hussband told her no, that it was not in the best interests of their daughter and to keep the same schedule that they have had for the past two years. Since, my husband was served with the contempt of court papers and even though there is current custody battle going on they both are still following the parenting plan that they came up with in mediation, not the court orders.

Is in fact my husband in contempt of court because of this and wouldn't that make his ex in contempt of court as well??

Anyone please help because we are scared their might be jail time imposed if we do not get a full understanding and grip on this issue. Thank you!

stevetcg · Oct 20, 2009, 07:06 PM

Was the plan decided upon in mediation ever filed with the court? Was a new order issued?

Fr_Chuck · Oct 20, 2009, 07:42 PM

The mediation needed to be written up, and presented to the court as a plan and signed by a court. At least that is how we do it here.

So no the mediation is not binding until signed off by the court

Sprung09 · Oct 20, 2009, 09:24 PM

Nothing was ever submitted to the courts in regards to the mediation agreement, we were unsure of that process so we just found that out a month ago after both parties have enforced the mediation agreement for the past two years. They are both still following the mediation agreement and not the orders of the court? So the main question is even though nothing was submitted to the courts but both parties have been following the mediation agreement willingly, does that constitute as contempt of court? And if so, shouldn't both parties be in contempt? Thank you!

stevetcg · Oct 21, 2009, 04:03 AM

The original court order is still in effect, so technically yes, it constitutes contempt. However, when he goes in and explains what happened, they will likely just tell him that the original order stands and he needs to comply with it in the future.

It is unlikely that both parties will be found in contempt. The problem exists when the ex decided that the original court order should be enforced. If both parties agreed to the mediation, it remained valid so long as one party did not deviate. Since your husband and ex cannot agree, the original order stands and compliance with that is not up for debate.

Sprung09 · Oct 22, 2009, 05:46 PM

Originally Posted by stevetcg

The original court order is still in effect, so technically yes, it constitutes contempt. However, when he goes in and explains what happened, they will likely just tell him that the original order stands and he needs to comply with it in the future.

It is unlikely that both parties will be found in contempt. The problem exists when the ex decided that the original court order should be enforced. If both parties agreed to the mediation, it remained valid so long as one party did not deviate. Since your husband and ex cannot agree, the original order stands and compliance with that is not up for debate.

Thank you, we talked to a lawyer today and he said the same thing.

ScottGem · Oct 22, 2009, 07:13 PM

The question is whether you can prove that both parties agreed to and have been following the mediation agreement. If you can do that, then not only will there be no contempt charges, but its possible the mediation agreement will be affirmed.

If you can't prove it, then he might be in trouble.

Sprung09 · Oct 22, 2009, 07:22 PM

Originally Posted by ScottGem

The question is whether you can prove that both parties agreed to and have been following the mediation agreement. If you can do that, then not only will there be no contempt charges, but its possible the mediation agreement will be affirmed.

If you can't prove it, then he might be in trouble.

We can definitely prove it. We have numerous text messages, letters from neighbors and letters from the school stating who they have seen care for the child and when. Thank you for your advice, my stress level has gone down significantly.