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Custody issues not brought up in mediation

Started by Mom0f3, Sep 24, 2009, 11:12:51 PM

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Mom0f3

So my DH and his ex GF had their last 2 free hours of mediation, however in the 4 free hours spent there are some issues that the mediator didn't bring up that both the ex and my DH might still agree upon.  Well now the mediator has to right up a summary and send out to both parents and they have to get a MARCH lawyer write it up and to submit it to the courts to be binding.

My guestions are:

1. Can they make up an additional summary of agreements and give to this lawyer so they will not have to go to court again later.

2. And if so will the MARCH mediation lawyer accept these additional agreements to include in the court document?

Momfortwo

If both parties agree, I don't see why not.  But an attorney would probably be able to answer better.

eagleeyefam

Im not sure about your state, but in Cali the mediator has 60 dyas to write up his/her suggestion. Taking both parties agreements into consideration and as well as the disagreements. They write up the suggestion and send it to both parents. If both agree then 20 dyas later it bcomes an order signed by the judge.
If either one doesn't agree then either party has 20 days to file an objection with the courts. my DH filed an objection. He has to give valid reason to object. If the courts decide he has a valid argument then a court hearing is scheduled. I guess he made a good point because we have court in October

What the mediator suggests is just that, a suggestion.

Mom0f3

Quote from: eagleeyefam on Sep 25, 2009, 07:04:48 AM
Im not sure about your state, but in Cali the mediator has 60 dyas to write up his/her suggestion. Taking both parties agreements into consideration and as well as the disagreements. They write up the suggestion and send it to both parents. If both agree then 20 dyas later it bcomes an order signed by the judge.
If either one doesn't agree then either party has 20 days to file an objection with the courts. my DH filed an objection. He has to give valid reason to object. If the courts decide he has a valid argument then a court hearing is scheduled. I guess he made a good point because we have court in October

What the mediator suggests is just that, a suggestion.

Oh good lord...60 days?  We are in MO, I hope it doesn't take that long cause I'm tired of dealing with it all.  But of course who isn't.

CuriousMom

Eagleeyefam - don't they give you a copy of his appeal and you get to see the reason?  Our mediation is a little different here, we didn't agree and he keeps on insisting that we have a trial - so we're scheduled for October, too. 

eagleeyefam

Yes the other party gets a copy of the objection. My DH was the one that objected he had to send a copy of the objection to BM, the mediation office and family courts.