I have been separated more than 12 months ago, and we did get our mediation certificate after we couldn't reach an agreement. In the subsequent 12 months we have roughly been following that draft agreement. In the absence of court orders I have had to make some changes that I feel were in the best interest of our son (he was seeing him every second day, in addition to gradually introducing 2 nights per week) but the frequency of handovers was getting confusing for him, so I encouraged longer blocks of time rather than many little bits of time.
Things turned nasty recently when due to financial circumstances I have had to temporarily relocate to move with my mother which is 1.5 hours drive away. This set off a chain of email 'negotiations' which in my mind we were doing to avoid having to go to court. I suggested adding another night a fortnight and grouping the visits together whereby we were actually increasing. While I felt our boy might not be 100% ready for the extra night (due to some behavioural issues) I felt by trying to be amenable to my ex, we could reach and agreement. I also suggested more mediation.
So after tentatively agreeing to some arrangements (none completely finalised), he served me with Initiating application papers. Do the informal email discussions we had form a basis of what a court will decide? Now with the burden of Legal fees, it looks like I will have to based at my mothers a lot longer than a few months.
Now the circumstances have changed, I would like to reconsider my position in light of the more permanent nature of our arrangement. Will the court consider I am 'going back on my word' when the case comes to trial?