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Topics - JadedMom

#1
I posted a few weeks ago looking for some good advise for mediation.
Was told by my attorney today that the X is refusing to go. It is not court ordered, but the Judge said they would not schedule anymore hearings until mediation was complete.

In the past few weeks, X has been pretty busy doing everything possible to ensure my relationship w/ our child is stressed.
1. Refusing to sign medical/dental releases allowing me access to records
2. not permitting me to exercise my full 30 minute telephone parenting time (child tells me, "I have to get off the phone now" (after 3 minutes of conversation)
3. sending more nasty text messages to me
4. telling our child things about the legal proceedings
5. and the latest- both the X and his new significant other yelling at me while I was speaking on the phone with our child.

I have done what I can to try speak with our child, I don't want her to think any of this is her fault.  She thinks the X is, "trying to erase" me from her life. (Her quote).
I have documentation of all texts, phone calls and have forwarded all items to my lawyer.
What weight will all of this documentation carry when we return to court, we currently have a temp. order and will be asking Judge for perm. order. ?
I am hoping to increase my parenting time currently, but am also going to attempt for custody at some point down the road. I need to play the waiting game and collect evidence to give me a solid cause of action so that the custody can be addressed.
I have read about others who were able to get custody reversed when the Judge was made aware of how the CP was violating court orders, alienating the NCP, etc...  If anyone has any good advise please comment.
#2
The X has been given custody- I had legal custody of DD for past 7 yrs.  Judge has only given me the basic parenting time per our state (Ne.) w/ phone parenting time 2x per wk. , 30mins each eve. (Try to keep a 9yr. old on the phone for 30 mins.- she just doesn't do that) Hannah Montanna distracts her every time!!
The judge refuses to modify the parenting time until we go to mediation- ever try to reason w/ an unreasonable person?  Well, on this site- you all know what I'm saying.
What can I bring to mediation, as far as documentation- etc... to show how unreasonable the X has been.  (I have many nasty text messages, e-mails, etc... to show the X's behavior).
I am trying my very best to try and keep DD out of the middle of the issues between me and the X, but it becomes very difficult as the X involves DD in almost all of our texts/messages back and forth between each other.  DD told me tonight during evening meal that the X told her I could not take her out of the city limits for the holiday- "it's against the law".  (I am taking her 30 mins. outside of our city limits to spend the holiday at a riverside cabin with our extended family).  Nowhere in the temp. order does it state that I cannot take her outside our city (nor our state, for that matter) during my parenting time.
X also texted me last week, stating that I could not contact DD via phone more than once per week, as X was, "getting sick of you sending text messages every night asking DD to call you."  Judges temp order stated differently.
X also owes me over $1100 in unreimbursed daycare expenses as per our previous court order- which were never paid.  The list goes on and on..
Some advice for mediation would be greatly appreciated......... kinda losing my mind here.
Thank you in advance-  JadedMom
#3
Dear Socrateaser / Mediation- how to prepare
Nov 06, 2009, 03:44:57 PM
Judge ordered mediation for me and the X. We are unable to come to any agreement regarding my parenting time w/ dau. I now have a temp. order from Judge which gives me a 3hr visit during the week and EOWE. My attorney proposed that I be given more time, as the X works long shifts 3-4days/week. I do not believe Right of First refusal is recognized in my state.
X has history of being very unreasonable and do not expect that mediation will work. I am certain that the session will turn into a nightmare.

How can I prepare for mediation? Should I bring copies of his text messages/emails he has sent to me? The messages he has sent are rude, insulting and clearly show his lack of willingness to co-parent our dau. w/ me. Any other documentation I should bring?
Also, what can I expect to happen when the mediation is done and there is no sort of agreement?
I do not want his lack of cooperation to affect my ability to have more parenting time w/ our dau.  I understand how important it is to do what is best for our dau., but I have the opinion that his lack of flexibility will make the Judge think that more time w/ me would expose our dau. to more conflict. (Dau. has told me that she is usually questioned thoroughly following each parenting time w/ me.) X also frequently puts dau. in the middle of things by sending messages/comments to me through her.
Any suggestions/advice would be greatly appreciated!
#4
Ex just got custody of our 9yr old dau- she has lived with me in my custody since we went our separate ways 7 yrs. ago. Order came from state sup. ct. and we are awaiting a district ct date to set up new visitation and CS orders for me.  I have been taking dau to a counselor for almost 2 yrs. now, due to stress from her dad's behavior towards me.  Bills were submitted to his ins. co, as he carries her ins. coverage.
He has told me via text to not take her to counselor anymore- he's angry b/c counselor submitted a deposition to the ct. during the battle which painted him in a bad light as far as his parenting abilities. The district ct judge denied him custody and he appealed all the way to the ct. of appeals, who overturned the district ct. judges decision.
The way it stands right now, there are no orders re my visitation or any rights whatsoever- this will be resolved soon though.
I'd like to continue to take her to counselor at least once/month. Being represented by senior law students at our local university and they don't even know what I should do. They are researching it too.  The best advice they give me is to take her to apts. and pay bill on my own and not let bill be submitted to his ins.
Does anyone have any ideas?