Legal Question in Family Law in Texas
alternative dispute resolution
i have standard visitation (wed 2-7) and 1,3,5th weekend. me and ex-spouse went to alternative dispute resolution and agreed to me having mon,tues,thurs from 2-5 and i gave her wed. this agreement was signed by both parties and filed with the courts. she has decided that she wants it back to the standard order and refuses to let me have our daughter on the agreed times. my question is: is an alternate dispute reolution legal binding and can she change agreements whenever she wants.
1 Answer from Attorneys
Re: alternative dispute resolution
An attorney would need to see the document that was filed. Or you can contact the mediator. If the document that was filed was a 'binding' settlement agreement, the court will enforce it.
In my experience, a judge will enforce this agreement, unless your ex can satisfactorily prove that she was coerced under duress or fraud to sign the agreement.
You may have to file an enforcement motion in order to convince her, however.