lawyer's delay tactics

[luvisabattle]

What is the name of your state (only U.S. law)? washington

According to our PP I have to try to resolve any disputes concerning our child through mediation, I would rather file a motion. After originally requesting a mediation session back in Sept, my ex and his lawyer have been stringing me along while abusing our residential schedule and getting away with it because the PP is un-clear. They first denied the request for mediation, and then two days (weekend) before I filed my motion with the court they agreed to mediation.

Family Court Services needs a specific form with original signatures from my ex and me. My ex's lawyer has said she was out of town and couldn't send the form until later, and then when she finally got back she sent a copy of the form with a note from her saying my ex said he agrees to mediation (FCS will not accept the form).

Since it is well documented that my ex and his lawyer are playing some serious games, can I go ahead and file the motion without the chance of being dinged for his legal fees (since mediation is our dispute resolutuion process) ?

Thanks!What is the name of your state (only U.S. law)?

 

[DAD09]

You do realize that mediation is the 1st step required before a trial hearing?

 

[luvisabattle]

no I didn't realize it was required. What if they continue to put me off for mediation? I can never file until he actually meets with me?

 

[DAD09]

Its the 1st step, during the process at this meeting temporary orders maybe given out ie visits. The process is initial when parties don't agree. Mediatation can be skipped and go straight to trial. Courts don't like this and prefer to have couples work things out-that is the process when couples do not work together.

 

[luvisabattle]

so he can pull tricks and play games to delay the mediation forever? Because in the mediation rule book that King County gave me it said that after seven days if the other party doesn't respond to the mediation request I can go ahead and file. It does not say how many days I have to put up with the passive delay tactics however.

I find it hard to believe that I have no other recourse.

 

[Zephyr]

Does your court order specify HOW you are to get into mediation? Notify him and his attorney in writing that you are requesting mediation and that you want a response within a certain period of time, if you do not receive a response within that time frame, file a motion to compel (or your states equivalent).....dad will either commit to going to mediation or he and his attorney can explain to the court why they wouldn't.

 

[DAD09]

I do not understand why any party would want to delay the process enough time has passed already-when it gets to this point.

 

[DAD09]

The court order is a court date for the mediation meeting thats all.

 

[luvisabattle]

I did notify him and his lawyer agreed, but they have to mail me a co-petition form that is signed by my ex. I then have to sign the original form and take it in to family court services.

The laywer finally mailed me a form, but it is a copy and it's not signed by my ex.

My question is: It's obvious that they are playing games, can I legally go ahead and file now.

 

[Zephyr]

I did notify him and his lawyer agreed, but they have to mail me a co-petition form that is signed by my ex. I then have to sign the original form and take it in to family court services.

The laywer finally mailed me a form, but it is a copy and it's not signed by my ex.

My question is: It's obvious that they are playing games, can I legally go ahead and file now.

file what?

 

[luvisabattle]

I would like to file a motion for clarification - our parenting plan has some grey areas that my ex has been using against me to withhold residential time among other issues. He has her for summers and I want this handled before then.

Is there anyone with a legal background who knows what my chances of having to pay his legal fees if I go ahead and file the motion at this point?

Thanks -

 

[DAD09]

OP the "grey areas" are the reason for the court order for the mediation hearing. I would not be concerned as for "being dinged" for attorney fees rather the outcome of the hearing. His attorney will speak for him during these proceedings.

 

[luvisabattle]

I didn't post the whole story in this thread because I already have in other posts. (yes I know that's against the rules) There isn't a hearing. I'm not clear what you are assuming - but thanks for the response......

mediation seems like it will be a waste of time if I can't even get my ex to cooperate with submitting a form to the court in the correct manner. I'm just trying to find out what my legal options are - how do I deal with this situation?

 

[DAD09]

Your legal options are to get an attorney, The fact that you do not know what to do next, That he has an attorney and that mediations are so difficult as to getting paperwork completed might compel you as to do so.

 

[luvisabattle]

That's not an option for me.

Your judgement is cruel. This isn't about me, I'm trying to do what I think is best for my child's wellbeing.

I'm at work on a Saturday making up hours missed from having to deal with my legal issues. I am doing everything I can to make this right for her with no resources or family support.

Your trite answers and assumptions show your bias.