helpful insight please

[wysiwyg]

Soc,

IN here.

Court order #1 states "In the event that there is a dispute, and in the event the parties cannot resolve the dispute according to section I(E) of the guidelines, the parties must employ the Case Manager/Arbitrator to
mediate the dispute and to resolve the dispute as authorized by the Court's separate appointment Order."

Court order #2 states: "The parties are hereby ordered to submit to domestic arbitration/case management with Dr. so & So." & "Dr. sp & so, as the parties' Case Manager/Arbitrator, shall act as a quasi¬judicial officer and shall have limited immunity."

Court order #3 states:  "When a disagreement occurs regarding parenting time and the requirements of these Guidelines, both parents shall make every effort to discuss options, including mediation, in an attempt to resolve the dispute before going to court."

Court order #4 -When all the above failed and parenting time was still being denied, BF filed a motion ordering mediation to continue an additional 3 years and "ordering the Respondent to immediately communicate with Dr. so & so and the Petitioner within seven (7) days to set up and secure a two hour mediation session."

10 letters to BM, 2 phone calls to BM, 2 certified letters to BM attorney, 2 phone calls from Mediator to BM and 2 letters from mediator to BM and the above court orders all requesting BM to comply with the terms of the above have failed.

BF has been forced to hire an attorney and file a motion for contempt for the above.  This is the 3rd attorney for our case, we have managed for 2 years without due to mediation.  Our attorney is a young man with a high profile firm, but we have been told BM attorney is slick and misleading.  All we want is BM found in contempt of previous court orders, pay our attorney costs, and be ordered into mediation.

#1.  Without instulting our attorney and driving up costs, waht advice can we give to him or share with him on what he is dealing with and how to handle such a stubborn individual?

#2.  Our first attorney once told us if the judge asks, tell him you want the BM in jail because nothing else gets her attention, now 10 years, 4 contempts later and a court order that stated she is inflexible with Dad's parenting time waht can we instruct our attorney to  ask for or what could we tell the judge about what type of punishment she should receive, I do not know what the court would consider and what might be over the top (preferrably jail time would be the best, but that is jsut my opinion).

#3.  With something so blatant as refusing to abide by the last 7 day order and the attanched exhibits to the petition were letters from the mediator stating that he had not heard from her and that the time for the court order had passed, I believe that is sufficient enough to prove that she was not compliant, what are our chances of getting attorney fees reimbursed?  

#4.  What can we ask for in order to get her to mediation, if she will not call or respond to our letters or phone calls or the mediators or the courts orders, short of having the court escort her by sherriff to mediation what is would/could we ask the court to do to enforce this?

#5. lastly, any general advice on how to handle this in court?  

Thanks for all your valuable input, as I have read here many times, we had to scrape the $$ together as going in Pro se we would have been eaten alive and no hope for seeing the child in the future or getting to mediation to try and resolve the outstanding issues.

Again, thanks in advance and sorry to be lengthy.

[socrateaser]

>#1.  Without instulting our attorney and driving up costs,
>waht advice can we give to him or share with him on what he is
>dealing with and how to handle such a stubborn individual?

Make a very detailed statement of facts with supporting evidence, and let the lawyer try to sort it out from there.

>
>#2.  Our first attorney once told us if the judge asks, tell
>him you want the BM in jail because nothing else gets her
>attention, now 10 years, 4 contempts later and a court order
>that stated she is inflexible with Dad's parenting time waht
>can we instruct our attorney to  ask for or what could we tell
>the judge about what type of punishment she should receive, I
>do not know what the court would consider and what might be
>over the top (preferrably jail time would be the best, but
>that is jsut my opinion).

Jail time sounds appropriate to me.

>
>#3.  With something so blatant as refusing to abide by the
>last 7 day order and the attanched exhibits to the petition
>were letters from the mediator stating that he had not heard
>from her and that the time for the court order had passed, I
>believe that is sufficient enough to prove that she was not
>compliant, what are our chances of getting attorney fees
>reimbursed?  

Yes, but you're venting rather than relating facts, so stop already.

>
>#4.  What can we ask for in order to get her to mediation, if
>she will not call or respond to our letters or phone calls or
>the mediators or the courts orders, short of having the court
>escort her by sherriff to mediation what is would/could we ask
>the court to do to enforce this?

No more mediating. You need to send a message loud and clear that failure to cooperate will result in 8X10' room with no view.

>
>#5. lastly, any general advice on how to handle this in court?

You're somber and sad, but you don't know what else to do.

[wysiwyg]

Thank you!  Your replies are valuable insight and are very helpful.