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They had a binding JDR last year that gave them shared custody but there have been serious concerns with their son's welfare while in the care of his mother for a while now.
They tried caseflow mediation with no success and they were going to do a binding JDR, but there is the need for witnesses and a cross examination of the mother. Also, the mother's lawyer doesn't allow my boyfriend's lawyer to speak when they have been before a judge in the past so she feels a trial will be better for this situation.
What are the steps he must take now to force this to trial? Can they set a trial date without the mother's lawyer present?