Legal Question in Family Law in Virginia

I am an active duty military member who was divorced back in 2008 in Kenosha, Wisconsin. We had a daughter and since I have been stationed out of state in Virginia. Part of the divorce settlement was I would pay her $5000 from the sale of our house and of course the sale was less than expected and only ended up with a net of $4000. While going through our divorce she opt'd for mediation and the out come of that was she would drive our daughter to Cleveland and pick her up in Cleveland (my parents live there) and I would do the same to and from Virginia We agreed that for visitations I would pay for her flights to and from Wisconsin to Virginia to make up the $1000 instead of splitting the costs. Now she refuses to pay for any tickets and says that our mediation was only good for a year and we have to go back to mediation every year. I could not find this in our divorce decree at all where it would state that.

I have booked a flight to go to Wisconsin and see her then fly her to Virginia and now booked the flight back since my ex refuses to help with the costs. I deploy in January and would like my mother to use my time during her spring break to fly her to Cleveland and now Im stuck and dont know what to do.

What are my options? Is mediation ONLY good for a year and if so, what are my rights for see my daughter if mediation is null and void? Will my mother be able to fly her down for spring break?

Thank you.


Asked on 12/02/10, 6:26 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

If as a result of this mediation, there was an agreement that was subsequently

incorporated into the final decree of divorce that was entered in a Virginia circuit

court, the agreement stands and is not subject to being revised in

new mediation each year. (And, if one of the parties is not complying

with what was agreed to and incorporated into the final decree of divorce,

this person could be subject to contempt of court charges.)

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Answered on 12/19/10, 7:57 am


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