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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23948
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My ex wife was ordered to meet me half way to exchange kids.

Customer Question

My ex wife was ordered to meet me half way to exchange kids for visits. for 1.5 years she drove 45 miles while i drove 91 per trip so a differance 92 miles per visit. The last couple years she is now driving 58 miles to my 78 miles so a differance 80 miles per visit. She recentcly went back to CSED for more child suppourt and lied on meeting me half. The decree says I have to try mediation first but can I take her back per the decree on the extra miles I drove for the past 3 years. I get the kids for 114 days per year and betwwen holidays summer and bi weekly visits it a lot .
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Yes, that is correct. The court order will control, so if she is refusing to meet you half way or at an agreed upon location, then you can take her back to court and seek to hold her in contempt. You do need to make a good faith effort to mediate, so you do want to ask her for dates when she is free and can attend. If she refuses, then you can proceed to court, advising the Judge of the same.

Customer: replied 1 year ago.
Can I ask the court myself for mediation without a lawyer and if so what forms would I need
Expert:  FamilyAnswer replied 1 year ago.

Yes. You do not need an attorney. You shared that the decree says you need to try mediation first, so if she refuses and you do file and go back to court, you can ask the Judge to order it. In your motion, you would simply ask that the Judge send the parties to mediation, pursuant to the decree and that your good faith efforts to go, have been denied by her.

Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

Customer: replied 1 year ago.
How exactly do I file for mediation... Do you have an example ??? A letter or some thing would be helpful.
Expert:  FamilyAnswer replied 1 year ago.

Here is a link with forms but if none of them fit, you will need to call them tomorrow morning. The clerk of court should also have the form to request it as well. I am not able to provide you with a document since it is outside the scope of the site.

http://courts.mt.gov/clerk/Filing-Procedures/mediation_forms

Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!