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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111492
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My son and his daugters mother went to try mediation on the

Customer Question

My son and his daugters mother went to try mediation on the 9th of september, came to a temporary agreement for us to see her as shes kept her from us for a year and a half, we are supposed to get her every other sat from 10-5 starting tomorrow. She has sent my son a message telling him she changed something in court and we are only to get her for 2 hours now, she said he missed the court date, however the only paperwork we got was for mediation again on Nov 14th for a permanent schedule. He wasnt notified of a court date. Can she do that??
JA: What state is this in? And do you have a reliable court contact?
Customer: Wisconsin and court contact? Its quarter to 6 on a friday night everything is closed.
JA: Has anything been filed or reported?
Customer: Im assuming? we all got copies of the try mediation agreement.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Im not sure?
Submitted: 2 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
No, unless she got an emergency order ex parte from the court alleging some type of abuse or that he was unfit, she could not file anything in court without serving him. If she did this and lied about serving him notice, causing him to miss the court date, then he needs to get to court Monday with his attorney (unfortunately since she is choosing to play dirty an attorney is the best way to fight her) and find out what she filed and file a motion to vacate whatever order she obtained and also a motion for sanctions for her lying about serving him. Unfortunately, you are not going to be able to do anything about it at this point with the courts closed, but if she lied to the court and you just learned about it too late to do anything, the court is not going to be pleased when your son files the motion to vacate and seeks sanctions from the court against her. Part of those sanctions if he proves she lied to the cost would be the court ordering her to pay your son's attorney's fees.
However, until you learn exactly what she filed you would not know exactly how to attack her in the motion to vacate.