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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88812
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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FCS recommended a year ago ongoing mediation, judge ordered

Customer Question

FCS recommended a year ago ongoing mediation, judge ordered it, got frustrated all the time, as was the ordered child psychologist. 4 months ago we made a stipulation to a named mediator and my ex-wife still doesnt want to go, has now a friend for free, a pitbull family lawyer going at me. How can I enforce the mediation, court ordered per immediate almost a year ago.
Submitted: 3 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 3 years ago.
The only thing you can do at this point is file a rule to show cause for contempt of court and ask the judge to fine her for refusal to participate in the mediation and pay for your attorney's fees for forcing the motion to compel to be filed.


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Customer: replied 3 years ago.
I have already broked myself and lost my business partner on a crucial moment for us and he is now making millions, by hiring lawyers and paying child support. Will there be lawyers who would do this on contingency? I mean for free until they get paid by the other party, I heard the courts hardly ever will award attorney fees. Her attorney wants his fees from me, because he doesnt get paid by her. I also have my 7 year old daughter telling me stuff I dont like like they are locking her up because they dont want her to be in the house playing, step father doesnt work but takes her on hikes/trips with disturbed children and they take their meds and have to vomit in his car, so his car always stinks. These disturbed kids are 14-18, and the school teachers always tell me that she is way too mature for her age? Also I have recordings of many of these events that my daughter talks about, are they legal. Are recordings made during pickup legal? I could proof so much of my bizarre story if I could use my tapes. Even the facilitators said I am simply unbelievable but I am the one asking for the child psychologist, again withdrawn by the mom. Judge ordered the child psychologist.

Rene

Expert:  Law Educator, Esq. replied 3 years ago.
If you cannot afford an attorney you can try legal aid and also contact the state bar and ask them for the pro bono attorneys in the area who could assist. However, it is an unfortunate state of affairs in the legal community but low cost or free legal aid for non-criminal cases is very hard to come by.
Customer: replied 3 years ago.
Is withdrawing the child from the therapist an ex-party reason? We have a new judge that was a criminal judge, now family, really nice guy. with other judge last year the child psychologist was re-ordered ex-parte.

With th eex-parte a few weeks ago, I couldnt convince the judge of immeidate harm to the child.

Then I will click the green button.
Expert:  Law Educator, Esq. replied 3 years ago.
It is grounds for a rule to show cause for contempt. In order to get a new ex parte order you have to show imminent danger to the child and if you can do that then you can apply for the order ex parte.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88812
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 4 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Furthermore, mother did sign a stipiulation to get for 327 involved and the judge signed it, about 4 months ago and then she suddenly again doesnt want to go. its every day something else and they involve my daughter who has panic attacks, doesnt eat sometimes, but is ok playing with other kids. Does the stipulation get me anywhere? Cant get a free lawyer, only low costs, so I have to it myself. Any websites with good samples that I can copy and adjust?

Rene
Expert:  Law Educator, Esq. replied 3 years ago.
If she is not honoring the stipulation, again this is something that has to be addressed in a motion to compel and a rule to show cause for contempt and if you win this motion then the court can also award you attorney's fees for having to go to court to force compliance with a stipulation and/or a court order. There are no really good sites out there to get samples, the best we can suggest is 1) going to the court's law library and asking for their form books or 2) sweet talking the clerk and asking them for a copy of such a motion from another case for you to use as a sample (since all court records are public record).
Customer: replied 3 years ago.
More seriously, My 7 year old tells me that the step father locks her up in her room, he knows how to do it she says, since there is no lock on the door. Mommie lets her out when he leaves (he is very controlling). I have 50% legal custody and 31% physical.

My daughter tells me its because she is an active kid, but she really is normal. Step dad doesnt like any sounds, takes batteries out of all gifts and destroyed 5 cell phones that were court ordered, since they hinder or deny communication. She gets locked up for a half day and only gets food she says.

Can I use tape recordings I have of telling me these things in court?

Rene
Expert:  Law Educator, Esq. replied 3 years ago.
No, you would need her testimony in court, not recordings. If you can get proof of locking her in the room, this is something that would constitute child abuse and could be reported to Child Protection. The other issues are all issues to raise in your motion for contempt AND in a motion to change/modify custody to seek to get physical custody of the child. Because of the child's age you would have to ask the judge to allow her to testify in chambers because most judges will not allow her to testify on the stand in court, but the judge will evaluate her testimony regarding what is being done to her and can use that to make a determination.
Customer: replied 3 years ago.
But its not enough for an ex-parte? what is? what are good examples, because of the stress she could loose her father, too high blood pressure, docters predict erarly death, or having to leave the country because I cant concentrate too well on work and lost my business partner due to that. Anytime I tell the mother what the child tells me, the child gets punisahed and locked up, so I cant demand the mother not doing it and they tell the child the most horrible things. They filed now a motion for the child to be taken for me because I am suppoosedly suicidal. which is nonsense.

would it be ex-parte if the judge last time, 9 months ago, after the first cell phone dissappeared and the mother said it was the cat, threatened the mother that if there was even a suggestion of disturbing the communication there would be serious changes in custody. They destroyed since then 4 more cell phones.
Expert:  Law Educator, Esq. replied 3 years ago.
The alleged abuse, if you have evidence, is grounds to get at least an ex parte temporary order. But realize courts do not like ex parte actions they are reserved for emergencies, the other party is entitled to their time in court like you are which is why courts want you to submit through the regular process and why on an ex parte motion a hearing is held within 3-10 days.

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