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Need Help-Haven't seen my kids in two years !!!!!

Started by mikeb73, Jun 10, 2005, 10:54:33 AM

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mikeb73

My name is Michael, I have been divorced for 2 years and my ex-wife got sole custody because she upped the scheduled court date for the divorce but didn't send me a notice of the change, I didn't find out the divorce was final until 1 month later, when I tried to call my girls.
Since then we have been back to court for setting up visitation 5 times and each time my ex is not willing to set up any times and since she was given sole custody the judge isn't pushing the issue. The judge ordered we go through mediation, my ex states she can't afford it, I was willing to pay for the entire mediation cost. My ex will not return the mediators calls and refuses to allow me any visition. The judge stated the her final decision was for us to go to a mediator and come to some sort of agreement. How can we do that if my ex is unwilling? Is there anything I can do since she apparently has all the rights and I have none. I really miss seeing my children and I want to be a part of thier lives while they are still small (8 & 4).
Any help is greatly appreciated. I can't really afford to keep paying an attorney for nothing.  


socrateaser

 The judge ordered we go through
>mediation.

This is key. The judge "ordered" it. If the mother is willfully avoiding the mediation then you must file a motion for contempt. You need some very strong proof of her refusal to cooperate. You could subpoena the mediator to testify in court that your ex has failed to return X numbers of calls over X time period. That would be sufficient to prove contempt.

You can ask the mediator to send you a letter confirming the number of times that he/she has attempted to contact the other parent, and over what time period. Then, you can use the letter as evidence for a contempt motion.

Talk to your attorney about this.