Q: Do I have to go to mediation if I have sole custody of children until school is out and ex wants more parenting time?
I have sole custody of children during the school year and father wants to change the parenting plan to allow for more time with him. Do I have to legally attend mediation that he wants since we don't currently agree for him to have more time with children or can I ignore his verbal request to schedule with a mediator?
A:
It depends. If the mediation is court order pursuant to a formal filing for modification of custody/parenting time, then yes you must attend mediation--but you are not required to agree to anything (regardless, it is usually advantageous to agree to the things that are not in dispute during mediation). If nothing has been filed and there is no court order, you generally are not required to participate in mediation unless the current custody agreement requires mediation/arbitration (many newer custody agreement do include these clauses). In short, review your standing custody agreement. If there are no provisions in the agreement about mediation/arbitration or a court order, then you are likely not required to participate in mediation.
You may want to contact an attorney if you want specific guidance, but this is a personal choice.
A: The father requesting more parenting time has nothing to do with sole custody and orders can be modified at any time until kids turn 18, including as to parenting time pursuant to CRS 14-10-129. As relates to mediate, if there is an order in place that you have to mediate then you have to mediate. If there is an order saying you must mediate prior to the filing of a motion and you refuse he will just file the motion with the court and indicate you are refused to mediate. If he has already filed a motion and the court issues a mediation order afterwards, you will have to mediate or the court could enter sanctions against you. You should consult with an attorney regarding your specific situation.
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