SPARC Forums

 My SO has full physical custody of his son. He and BM have been ordered to mediation because BM will not follow the parenting plan. BM informed us today she was going to Florida for a week. After we looked on the calender we realized that means she will miss the appt. to see the mediators. Can she get into trouble for this? What will be done?

I am no lawyer, but i believe that if it is court ordered they go to mediation then yes, she will get into trouble.  DO you have a lawyer? If not, you may want to at least get some advice from one or some one at the courthouse.  If i am not mistaken you can file a contempt of court againist her for not appearing at the mediation.  She is aware of the mediation?  Make sure that papers have been sent to her informing her about it.  That is where we messed up.  We thought everything was good between my hubby and BM and so he just verbally told her about it and after the mediation, she hired a lawyer and got the agreement put on hold until my hubby returned from over seas.

*~Mandi~*

 Yes it was court ordered. From what I found out the court sent her papers. Yes we have a lawyer, but unfortunatley couldn't reach her yesterday when we found out BM wans't showing up.
 Thank you.

Send a letter to BM, asking her to please respond in writting what her plans are regarding mediation. Hopefully she would respond stating that she is traveling out of town/state and state what her "real" reason for traveling on the mediation date. Take her written response to the judge prior to your mediation date and show the judge that ordered the mediation what the BM was planning on doing. I don't think the judge would be very happy with the BM's actions.

I'm not a lawyer and don't know if this would work. Could you all possibly suphena the BM to the mediation. My ex had made a regular mission of getting pending court dates postponed. And at last court hearing regarding custody, my ex stated to my kids that she and her hubby were planning a trip out of state for the week of our court hearing. She had been notified of the pending court hearing via her attorney. We suphena ex to make sure she would be attending the court date and not be traveling out of state and then at last minute say that her car had broken down while traveling and not show up for the court date.

I would show up at mediation and have the mediator document that the appt was made and she was a no-show.  This really works in your favor, but what is wrong with this woman?  If she HAS to make the trip for work or something, that would be different...sometimes you have no control, but if this is just a vacation like thing...then she is just shooting herself in the foot