What can I do if my ex changed the mediation date on our divorce papers? 5 Answers as of September 14, 2011
I served my ex with custody papers and they were stamped by the court and a mediation date was made for September 26th. In the papers it states that the order will be in effect until court. However, in his response he requests that our son visit him on the 16th which is a week and a half before mediation. During this time we are not to communicate due to his inability to refrain from lashing out at me. Is my order the one I should follow or do I have to comply to his? I filed first and his is conflicting with mine, I don't know what to do.Free Case Evaluation by a Local Lawyer!
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Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
From your question, it appears that your ex only requested, in his Responsive papers,a visitation before the hearing, not a change of the mediation date. Responsive papers do not constitute orders. You don't have to let him visit your son on the 16th. You have the mediation date that you set with the Court. Also, if the Court issued Temporary Restraining Orders that you and he not communicate with each other, those Orders are valid pending the scheduled hearing. If there were Domestic Violence Restraining Orders, the mediator can meet with you separately from your ex. You should contact the Mediator's Office to find out whether the mediation date and time have been changed, but if they haven't, show up at the designated time for mediation.
Answer Applies to: California
Replied: 9/14/2011
Patricia C. Van Haren, Attorney at Law | Patricia Van Haren
Your question is unclear. A mediation date does not give anyone court orders. You should contact an attorney to assist you in this matter so that you can get clarification on what orders are current.
Answer Applies to: California
Replied: 9/14/2011
Law Offices of Arlene D. Kock | Arlene D. Kock
If the language you reference is only his response to your motion, it is not a court order. If he got an ex parte emergency order from the judge establishing visitation for the 16th, then you must comply with the order.
Answer Applies to: California
Replied: 9/14/2011
Law Office of L. Paul Zahn | Paul Zahn
Until there is a court order, both of your papers are requests. Unless there is a restraining order in place, you should attempt to work it out between the two of you. Let him know that you will terminate the call if he becomes verbally abusive. Until there is an order, neither party can force the other to give up the child.
Answer Applies to: California
Replied: 9/14/2011
Diefer Law Group, P.C. | Abel Fernandez
These filings are usually not court orders. These are your requests but not court orders until a formal order is made. If you have a valid court order you need to follow it, however if you are referring to the request you are seeking in your moving papers those are generally not court orders.
Answer Applies to: California
Replied: 9/13/2011
