Avoiding Mediation Hearing in Modification of Custody Case

From Anonymous from Florida

Modification of custody was filed six months ago. Father asked for sole custody because mother married sex offender. According to original custody, parents must first seek mediation. Mother has canceled several mediation appointments. It is felt she is stalling and/or refusing to cooperate. What next steps can be taken?

Answer:

I’m sure it is frustrating trying to get something taken care of in the court that is so important to you! The mother is probably stalling or trying not to cooperate, but there is a couple of things that you can try to move it along. Motions are a very good way to get the court involved in pushing certain issues. You can file a Motion to request that the judge order her to go to mediation. If she doesn’t cooperate with this order of the court then you can follow it up with a motion for contempt and enforcement. In the meantime have you thought about the option of getting an emergency hearing to either get supervised visitation with the Mother or no visitation in a temporary order until the court is able to hear your case? If you are truly concerned about your children’s safety then you have a very good reason to request an emergency hearing. The temporary orders can at least give you peace of mind that your children will be safe during the time it will take to get this through the whole process. It may also give the mother a little push to move things along too if she wants to be able to see her children.

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