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peace of mind

Guest
recently received a restraining order for three years against father of my daughter. he lost all visitation, custody full and sole was awarded to me(he didnt show up to court, until hours later, then called the daycare sitter making more threats that i had better enjoy this small victory, he just went to the wrong place, and was still coming after me. i am scheduled to go back to mediation soon. he took me to court due to i requested child support and received it, and my "quote punishment was that he would get visitation to take her away from me , like i take his money". i received the r/o due to, over the last 7-8 monthshe has grabbed me, injuring my arm, constantly argues about picking and dropping her off, for months i did the dropping off and picking up intil the arm incident. he tracks me on chat and constantly talks on it even if i dont answer, sends emails to me, and if i dont answer them he sends them to my work and then tells me to answer my emails at home. his last incident was that he came to my house after arguing with me that i would come and get her, when side i would but i was coming with the police(he wont do anything if witnesses are around)
he stormed at my house holding the baby, makeing threats that i would pay now, and it was my turn and he would take her away from me. every thing has been documented and copied. why am i going to mediation, if i was awarded sole/full custody, and a restraing order for three years, i was told it is the law. and what is to be expected this time with the mediator, will he be allowed back into our lives with so much lying, unstableness, ect, and drinking problems/dui on top of everything
 


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usdeeper

Guest
Mediation is normally the first step in any dispute. Some courts do not like you to ignore that step. However, I am confused, who asked you to go to mediation ?.. and was there anything to indicate why ?..

The only thing it can be is for visitation. There is no way he can change the custody agreement and child support would be court ordered. Also if the court striped him of visitation then only the court can order it back.. A mediator can not force you to sign anything... you go there, discuss it and if you disagree, you leave. It will then be up to him to take it to court.

If it is visitation.. and if he does somehow get it back, ensure that it is setup for scheduled times and fully supervised. Do not go to mediation without some legal representation.

Also, make sure you enforce the r/o if he breaks it...
 
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PEACEOFMIND

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by usdeeper:
Mediation is normally the first step in any dispute. Some courts do not like you to ignore that step. However, I am confused, who asked you to go to mediation ?.. and was there anything to indicate why ?..

The only thing it can be is for visitation. There is no way he can change the custody agreement and child support would be court ordered. Also if the court striped him of visitation then only the court can order it back.. A mediator can not force you to sign anything... you go there, discuss it and if you disagree, you leave. It will then be up to him to take it to court.

If it is visitation.. and if he does somehow get it back, ensure that it is setup for scheduled times and fully supervised. Do not go to mediation without some legal representation.

Also, make sure you enforce the r/o if he breaks it...
<HR></BLOCKQUOTE>
Thanks for the info. currently, trying to get a lawyer before mediation and court date after mediation. mediation is for visitation. has already broken r/o, leaving messages with daycare sitter to give to me. called police, served him r/o, on spot, gave a verbal warning.(?) at mediation can i request seperate mediation, if so how is it conducted then. what can i expect to happen at mediation this time, is it up to him to prove why he should get visitation back.
 
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usdeeper

Guest
I am not sure how mediation would work when you have a r/o against someone.. Personally, I would refuse to attend the mediation and force him to take this to court.. but someone else needs to jump in here and advise what would happen if you refused to attend. Any attorney you call for a consultation will be able to answer this.

Visitation in this case should be limited, scheduled and supervised.. it is unlikely that he is going to agree to this, especially since I believe he will have to pay for the supervised part of this...

Find an attorney .. whatever you do, do not attend with legal representation.. and make sure you ask the attorney about the r/o and having to be in the same room..

 

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