An update

[ohu812]

I went to mediation last week (served BM with motion to modify seeking supervised visits). I took a big blow. A lot of evidence cant be used due to timing. Went to court last November but judge didnt sign orders until January therefore all of the abuse,CPS reports,safety plans, and safety plans cant be used against her. It is frustrating to be told even though you child got abused and neglected and it is proven you cant mention it. Now we have to vacate the hearing and give her another chance to abuse/neglect (and go through the horrible process of proving it). Life seems to work out for the drug addicted criminals. this isnt the first substantiated abuse/neglect or positive drug test.

[mistoffolees]

Something doesn't add up.

Evidence of abuse doesn't have a time limit even in court (or, technically, it's something like 5 years after the child turns 21 or after repressed memories resurface). The rules for mediation are typically even looser than court rules.

I'm guessing that you got a lousy mediator. Who chose him/her?

[ohu812]

The problem is in family law you can only go from the date of last court orders. Nothing prior to that can be brought up. The orders werent signed until after the incident therefore it is considered in the time frame of last hearing. We dont get to choose mediators here. There is one facility and it is whoever is up when you schedule. He was a horrible mediator (retired circuit court lawyer) but it doesnt matter because when I get to court the judge will throw that out. I opted to vacate the motion and let BM get back on her drugs then take her back. The lawyer is paid so whenever I am ready.