Legal Question in Family Law in California
When agreements have been made in mediation/arbitration during a dissolution of marriage process in California, does a party have a rate to later rescind their agreement and refuse to sign the Stipulation that would document those agreements made?
(PS...I'm in Colorado, but asking on behalf of my brother who lives in California, and his ex-wife just notified his attorney that she no longer agrees to what she verbally agreed to in mediation, and is refusing to sign the docs.)
2 Answers from Attorneys
It depends on what the terms of the agreement are and what proof there is of the agreement.
If it was a custody/visitation mediation with a mediator at the Court, she can change her mind. They will have to appear at the hearing and she will have to state why she feels that stipulation is no longer in the best interest of the children. The Judge will then make the final decision.
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