Mediation done, what next?

[forthekids24]

Santa Clara County, CA

Original custody order DH primary parent BM : EOW, 6:30pm-7:00am 2 nights per week and 6 weeks in the summer.
BM never exercised her 6 weeks in summer the entire time this custody order was in place (7 years).

BM and DH singed an amended parenting plan in Oct. 2003 when BM moved out of the area.  DH primary parent BM: one weekend a month, 1/2 Major holidays and 8 weeks in the summer.

BM moved back to the area in January (didn't tell DH until February).
Since she moved back she has missed 2 of her 5 scheduled weekends.

At the beginning of March DH offered to amend parenting plan to BM: EOW, 1/2 summer and 1/2 major holidays.

Next thing DH got (at the end of April) was an ex-parte hearing ordering BM and DH to mediation.

Mediation was yesterday, they did not agree on anything.  BM wants to go back to the way it was before she moved and DH does not want the kids bouncing around during the week.  (They suffered academically under the original order, and showed GREAT improvement after BM moved away in 2003).

The mediator said it would now go to judicial assessment.

1)  It this correct?  and what is Judicial assessment?

2) What if anything do we need to prepare for this step in the process?

3) Based on the facts above what do you think a possible outcome of this judicial assessment will be?


Thanks!
FTK

[socrateaser]

>1)  It this correct?  and what is Judicial assessment?

Mediator will report that the parties were unable to reach an agreement, and the judge will consider the matter and then make appropriate orders, which could include other hearings, appointment of an evaluator.

>2) What if anything do we need to prepare for this step in the
>process?

Get ready to write a big check for an eval.

>
>3) Based on the facts above what do you think a possible
>outcome of this judicial assessment will be?

Probably no change, with a condition that if mom hangs around for a year, that more visitation will be ordered.