Legal Question in Family Law in California

Verbal agreement, refuses mediation

The mother of my daughter fled from Washington State to California and hid my daughter from me for over three months. Jurisdiction belonged in the state of Washington. During mediation the mother stated that she wanted to go to school, she stated that when she finished with her education, she would return to Washington, where we would share equal parenting time. The mediator said that the courts would probably not agree to this. He brushed us off for lunch. We went out to the courtyard and made a verbal agreement. Then we went into court and submitted an agreement which we both new was impossible, visitation every other weekend. The mother has not gone to school and not followed through with any of her agreements. I suggested mediation, she said that she would mediate, but never did. I have a statement from the mediation agency, stating this. I feel she lied to me to get me to agree to California jurisdiction and to maintain custody. I could and would have been given temporary custody. I made a good faith effort to allow our daughter access to both parents and to make the relationship between the mother and me amicable, rather than adversarial. Did I give up everything, because of our verbal agreement. I think she was afraid that the verbal agreement would come out and that was why she did not mediate. Thank you. Sorry so long.


Asked on 2/11/98, 1:15 am

1 Answer from Attorneys
Andrew Sargent Law Office of Andrew H. Sargent

Verbal agreement

If you entered into a custody arrangement in California and agreed to jurisdiction then that agreement is probably binding. You need to get a copy of the order and meet with an attorney to see what if anything can be done. You may be able to modify it due to the distance and the impossbility of the order. You need to deal with this as soon as possible because each day strengthens her position.

Read more
Answered on 3/01/98, 8:59 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California