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Author Topic: update on CA FL .. case and a few ??'s  (Read 1546 times)

mishelle2

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update on CA FL .. case and a few ??'s
« on: Jun 13, 2006, 08:00:32 AM »
ok soc, Im confused......


Not sure if you remember, I had a case in FL that was dismissed as CA should have it. I filed in CA we went to court, both parties have attorneys, we were referred to mediation, the court waved the orientation and bm was to appear by phone, mediation is scheduled for Thursday.
 Well I  submitted my intake forms, and I got a call from the mediation department, (I wasnt home it was on my machine) they said, bm never called to check in for mediation, they need to know if she knows theres mediation, and for me to call and let them know.

BM has a family law atty, and on the petition for custody it says mediation is mandatory, and during court we made all these arrangements for her to appear by phone, the only thing she had to do was call in for date. Which she didnt do.

1. What will happen with my case?

2. Will they just give me custody recommendation since bm didnt show up?

3. Since bm has an atty, it is her atty's job to make sure she has all info right????

4. Any suggestions?

thanks a million


socrateaser

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RE: update on CA FL .. case and a few ??'s
« Reply #1 on: Jun 13, 2006, 08:29:30 AM »
>1. What will happen with my case?

Nothing, unless you do something. Courts are totally reactive organisms, so nothing happens unless a party files a motion (except after 5 years if a case remains open in CA, the court will automatically dismiss for failure to litigate).

>
>2. Will they just give me custody recommendation since bm
>didnt show up?

Mediation is mandatory. You can either file for contempt to compel her attendance, which won't work because even if the court issues a bench warrant for her to appear, it won't be enforced in FL, because the CA district attorney will not seek extradition of her from FL on this sort of charge.

So, what's left is to request a waiver of mediation from the court on grounds that the other parent refuses to appear, and then set a trial date, go to trial and get a judgment awarding you sole custody of the child. Then, you can register that judgment in FL, and then it gets a little gray. Possible moves:

1. Take a certified copy of your registered order, go to the child's home and demand that the mother turn over the child. If she refuses, call the sheriff and them that the mother refuses to turn over the child and that you have a certified final judgment granting you custody, and there's a very good possibility that the sheriff will just drop by and take the child and hand her over to you. At which point, you can leave FL and then your ex will have to file a motion to set aside your CA judgment so as to get any custody/visitation back.

2. Take a certified copy of your registered order, go to the child's home and tell the mom that you were in the neighborhood on business and you thought you come and visit your child for a few hours. If she hands the child over, take the kid and leave for CA. You have the judgment, legal custody and the child -- no one can stop you. Even if the mom screams kidnapping, and the sheriff stopped you at the airport or in your car, you just whip out the certified registered FL order and you're off the hook.

3. When you register the order, the other parent has 20 days to object, before you can enforce via the court (but as I show above, you don't have to necessarily enforce using the court. After 20 days, you can move for a motion to compel production of the child in court and then have the court order your ex to turn the child over to you at the hearing.

This is the more elegant approach, but if it were me, I'd try to get the mom to just hand me the child, and then I'd go home. But, a lot would depend on the child's age and state of mind, because if she believes she's being kidnapped and is bonded to the other parent, then she may put up a screaming fit, and the authorities will stop you on grounds that you are abusing the child, even though you have the order (obviously, you don't want to go through an airport security checkpoint, dragging your child by the hair -- that wouldn't look real good to a criminal judge).
>
>3. Since bm has an atty, it is her atty's job to make sure she
>has all info right????

It appears to me that your ex doesn't plan to play by the rules. Either she intends to try to quash any judgment you obtain in CA, via a FL court (I seriously doubt she would have any chance of doing this, but she's welcome to try), or she's thinking of taking the kid and trying to hide her after you get the judgment. Those are the only possibilities (well, except for her just not paying her attorney, so the attorney's not doing any work -- that happens all the time).

>4. Any suggestions?

You want more? You're not paying me enough for more. LOL!

mishelle2

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RE: update on CA FL .. case and a few ??'s
« Reply #2 on: Jun 14, 2006, 07:49:36 AM »
ok soc,


at our initial hearing judge awarded me entire summer, until recommendation could be made from mediation,  as it had been since last summer since I had daughter, so daughter is here with me. My atty says the atty that bm has is a nut, and may not have given the bm mediation information, but she gave her all the flight information so I think bm thinks mediation is voluntary, and heck this is exactly what she did with the case in FL.
So mediation office called me yesterday and said they gave bm till end of yesterday to call and then they cancelled appointment.  My attorney said he is going to call her attorney and that  we will have to ask for a rerefferal from the judge and go from there

1. Do you think we could ask for custody until the outcome of mediation?

thanks.. and here.. Im paying you with :) :) :) :) smiles.. lots and lots of them.. lol

socrateaser

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RE: update on CA FL .. case and a few ??'s
« Reply #3 on: Jun 14, 2006, 09:22:17 AM »
>ok soc,
>
>
>at our initial hearing judge awarded me entire summer, until
>recommendation could be made from mediation,  as it had been
>since last summer since I had daughter, so daughter is here
>with me. My atty says the atty that bm has is a nut, and may
>not have given the bm mediation information, but she gave her
>all the flight information so I think bm thinks mediation is
>voluntary, and heck this is exactly what she did with the case
>in FL.
>So mediation office called me yesterday and said they gave bm
>till end of yesterday to call and then they cancelled
>appointment.  My attorney said he is going to call her
>attorney and that  we will have to ask for a rerefferal from
>the judge and go from there
>1. Do you think we could ask for custody until the outcome of
>mediation?

No. There aren't any grounds. The right move is to ask the court to waiver mediation on grounds that the parties are too estranged for mediation to produce meaningful results, and the out-of-state parent has refused to appear for mediation.

>thanks.. and here.. Im paying you with :) :) :) :) smiles..
>lots and lots of them.. lol

mishelle2

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RE: update on CA FL .. case and a few ??'s
« Reply #4 on: Jun 21, 2006, 10:19:06 AM »
ok so .. heres the latest..

my attorney finally got in touch with bms attorney, who said bm knew she had to check in for mediation however herr client (bm) is completely unwilling to cooperate, even with her. The atty's agreed to come to a stipulated agreement that bm would go to mediation as ordered by court.
We will get this stipulation back today and then I will call and make the appointment.
However I dont believe bm will call and check in. My atty says, she will probably be sanctioned with a fine from 500-1000 for not showing the first time, and if she does it twice, he will probably tear her a new one.

We are attempting to show that I am willing to compromise and it is truly the bm who does not act in the best interest of our child.  If bm does not call in to check in to mediation we will go in front of judge by 5 day letter to court and go from there.

Thanks


socrateaser

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RE: update on CA FL .. case and a few ??'s
« Reply #5 on: Jun 21, 2006, 10:53:20 AM »
>ok so .. heres the latest..
>
>my attorney finally got in touch with bms attorney, who said
>bm knew she had to check in for mediation however herr client
>(bm) is completely unwilling to cooperate, even with her. The
>atty's agreed to come to a stipulated agreement that bm would
>go to mediation as ordered by court.
>We will get this stipulation back today and then I will call
>and make the appointment.
>However I dont believe bm will call and check in. My atty
>says, she will probably be sanctioned with a fine from
>500-1000 for not showing the first time, and if she does it
>twice, he will probably tear her a new one.

>We are attempting to show that I am willing to compromise and
>it is truly the bm who does not act in the best interest of
>our child.  If bm does not call in to check in to mediation we
>will go in front of judge by 5 day letter to court and go from
>there.

I'm gonna comment, even though you didn't ask any questions.

1. If the other parent refuses to cooperate then you cannot stipulate to mediation, because a stipulation requires the other parent's signature. So, while I understand that your attorney wants to appear to be cooperative, the other parent has already demonstrated that she won't cooperate, so this stipulation is a waste of time. The evidence that you need to obtain a waiver of mediation is already available, i.e., the other parent refusees to cooperate, and her attorney can testify to that without voiding duty of confidentiality or attorney-client privilege.

2. The sanctions are another waste of time. That won't get you custody, the other parent will never pay, and you will have to go to FL to collect, because the sanctions are not in the nature of child support, therefore you cannot use child support type collection procedures to get your money. So, this is another waste of time.

3. Your attorney should stop making nice with opposing counsel, go to court and ask for the court to award you temporary sole custody now,  on grounds that nothing less than your registering a CA child custody determination in FL and having the authorities forceably transfer the child into your care will get the other parent's attention.

mishelle2

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RE: update on CA FL .. case and a few ??'s
« Reply #6 on: Jun 21, 2006, 02:33:44 PM »
soc...

lets just say.. I totally agree with you, and my attorney has said the same thing, however he said he has to go by local rules, the bm was only given 48 hours to contact mediation if not, we will either go in front of judge on 5 day letter (depending on date) or we have a hearing scheduled for the 10th. At that time we will ask for temp custody. We are preparing all paperwork now..

thanks

 

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