The Orange County mediation attorney received a question from a viewer in Los Angeles, California...
"Can I change a detail in my mediation agreement?"
"Me and my son father agreed in mediation and it was signed as a court order by the judge. As soon as I got my hands on the paper I was able to further look in details. I do not agree with one thing of "Letting anyone over the age of 18 with a DL to transport my child if the child know him or her" My child is not even 2 who will be the judge of if he "knows" that person? I asked the mediater to add in the agreement that the the otehr parent must give notice to the other parent of any 3rd party and both parents must know the person. That was not added. I just signed it yesterday! Is there anything I can do?"
If you and your ex reached an agreement in mediation and you both then advised the court that you had an agreement and that you wanted the court to make your agreement the order of the court. You now have either a final order or a temporary order depending on whether your case has just begun or if you already had a final judgment and one of you filed to modify.
The reason this is important is because the type of order you have dictates the standard of proof you need to show in order to modify the order. If a final order you may be stuck with the terms of the order you have unless your Ex agrees to the changes you want.
If your Ex does not agree then you will need to show that there is a material change in circumstances in order for the court to consider modifying the order recently made. If this is not a final order what you need to show is that the change you want is in the best interest of the child.
Due to the young age of your child you may want to try and reason with your Ex. I would not suggest the change you ask because I foresee your request of pre approval can create problems, if he has to contact you and get your agreement before a third party can transport the child and you do not agree this cam easily lead to break down in communication. Both of you seem able to communicate and have worked together so far.
I know your child is young and that you worry, but you trusted the other parent enough to have a child with him or her, I would suggest you trust your Ex enough to know that he or she will only pick responsible parties to transport your child. The court may see as you trying to micro manage the other parent. Maybe you both can agree that your child won't be transported by an inexperienced driver, anyone know to have a drinking problem etc. Your Ex might agree with reasonable parameters rather than having to obtain your advanced approval.
