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I have a settlement conference on Thursday. My ex asked for

50/50% custoday and that a...
I have a settlement conference on Thursday. My ex asked for 50/50% custoday and that a mediation report from Dec 2012 be adopted. My argument is to keep the current plan that has been in place since Aug 11 (73/27%) for 3 reasons. 1) He has not met the burden of proof, 2) mediation overlooked items which they confirmed in a memo & 3) the report should be invalidated based on contradiction to to the 2013 Calif Rules of Court, rule 5.210 that calls for suspension or discontinuance of mediation if allegations of child abuse or neglect are made until a designated agency performs an investigation & reports a case determination to the mediator. (I have an open CPS case). Ex's told me his lawyer said there are circumstances when this would not apply. Is he correct? I thought the law was the statute. The mediator Supervisor I spoke to seemed to agree with me. Please advise.
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Answered in 9 hours by:
3/20/2013
LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6,536
Experience: Family Law Attorney
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Hello,


Thanks for choosing Justanswer.com! I look forward to helping you today.

So there was no agreement reach in the December 2012 mediation and mediation is still ongoing?

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Customer reply replied 4 years ago
Mediation made a recommendation while there was and still is an open CPS case. My basis for invalidating the report. There was a hearing date in Feb that was changed to a settlement conf 3/21 and long cause trial 3/28. Mediation is not still going on.

Hello again, Melissa, and thank you.

The Rule you are referring to says that:

"All court-connected mediation processes must be conducted in accordance with state law and include:

(6) Suspension or discontinuance of mediation if allegations of child abuse or neglect are made until a designated agency performs an investigation and reports a case determination to the mediator;"

Your ex husband is incorrect, or his attorney is incorrect, if either one of them suggested that it was proper for the mediator not to suspend or discontinue mediation unless and until a designated agency investigated and reported back to the mediator. If that did not happen, then you can have the report invalidated. The other reasons for invalidation you proffered will just go to strengthen your argument.

Thanks for being such a highly-valued customer here. If you have any further questions about this at all, please just let me know. Thanks!

LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6,536
Experience: Family Law Attorney
Verified
LADY LAWYER and 87 other Family Law Specialists are ready to help you
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Customer reply replied 4 years ago
I have another question about the conference if you are available now.
Sure! Happy to help.
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Customer reply replied 4 years ago
I prepared a very detailed response to Petitioner's motion and a statement of issues & contentions. With full exhibits. Other than these items and an outline of some minor changes I want in the holiday schedule what else should I bring to the conference? He claimed I wasnt giving him enough extra time outside the court orders which Im not required to do but I have been flexible. Do I need to bring that documentation as well?
I am not sure what all your exhibits are, but you need everything regarding the child abuse allegations, including all correspondence with CPS and any personal evidence you may have against him. You also want everything you have from the Mediator, including the copy of the memo you mentioned earlier, and you will also want a copy of the Rule we have been discussing with the relevant portion highlighted as the judge may want to see it. And yes, bring anything that may help your position in case he tries to bring up an argument you may be anticipating like the sharing time.
LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6,536
Experience: Family Law Attorney
Verified
LADY LAWYER and 87 other Family Law Specialists are ready to help you
Ask your own question now
Hi,

Did you have any further questions at this time? If so please let me know! If not, even if you go ahead and rate my service, I would invite you to come back to this question and ask additional questions in the future-no further charge. Thanks Melissa!
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Customer reply replied 4 years ago

Thank you, XXXXX XXXXX I do have more questions but I noticed you were off-line. Maybe next time. Thanks, again.

Sure! Just leave your follow ups any time as I do check the site several times a day for replies. Thanks, Melissa!
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LADY LAWYER
LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6,536
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