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Quick Question regarding Responisive Declaration

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

I wish I had asked this in my other thread before it was locked but as you all already know there are a lot of new allegations he has made about me in his response.

Do I need to file a response with the court to the responsive declaration that my ex filed to my order to show cause?
 


How should I reply to this email I rec'd today

I received this email today:

The mediator did tell both of us to think outside the box, that is correct. That is what I did.

Actually the mediator addressed him with this regarding that both parents should be able to attend school functions that it would then become common place and better for the child. He is still insisting that school functions be split.

Physical Custody - I originally wanted full custody as well. After thinking it through more precisely by putting daughter first and my own feelings aside, the right decision for daughter is for her to have more love in her life and for her to have and love both parents and both families.

I would agree with this but he got arrested and convicted of domestic violence with injury against his wife on August 23 of this year. He received 5 years probation, 1 year of anger management classes, a fine and time served in jail. The incident did occur in front of the child

Legal Custody - I propose to have full legal custody based on past history of me taking care of all her dental and medical needs for the last several years.

I do not agree with this. I have taken her to the doctors as needed and more than him since birth till now and inform him before and after appointments, he does not do the same for me. Dad/Stepmom have taken her to the dentist without informing me at all. I do admit that he has handled the dentist more than me in the last few years. I do not want to give him full legal custody

I feel that in the best interest of daughter that a co-parenting agreement should be made between us so that the fate of daughter is not left in the hands of a stranger ( mediator / judge ) that does not know either party or daughter, but will base the decision on only what is in both sets of court papers.

He has not cooperated with the judges order to do co-parenting therapy with me. He refuses to do it. Since the order I am doing the therapy with a MFT that specializes in co-parenting. We both have daughter in therapy, with the same therapist, currently.

Should I reply and do you all have a recommendation. I do want the court to see that I want to cooperate.
 
Had a 2 hour long mediation today and thought I would post the update.

Different mediator than the last one.

Ex stated that his wife is uncomfortable with me being at daughter's school fieldtrips and class parties with her. Mediator told me since his wife is uncomfortable then it is a problem for ex and I need to back off and split the school fieldtrips and class parties with her.

Ex stated that his wife has a problem with my 2 year old son coming with me to pick up daughter from school because he likes to run around and play. Mediator said I need to make other arrangements for my son while I pick daughter up from school and that also goes for after school, school things like the Christmas pagent and science fair, not school fieldtrips or class parties because those are to be split. I told the mediator I don't think this is right at all but she still said I need to do it.

Ex stated that his wife does not like it when I put my arm around my daughter or hold her hand when I pick her up from school because it's not affection but shows stepmom ownership of daughter. I said it is affection I have always done it long before stepmom and I will continue to do it. Mediator said because it's an issue for stepmom it is an issure for ex and I need to correct it and that I need to make sure it really is affection and to make sure daughter gets to say goodbye to stepmom no matter what errands or hurried I am.

I stated I have a problem with him letting his wife coparent with me. Mediator said he needs to coparent and not his wife and he needs to set up his own email address. Got the new email address and it's "blanknblank4ever" lol.

Mediator got a copy of the police report from ex and he stated again that he was exhonerated off all charges. Mediator did not ask anything about the incident just for a copy of the report.

Mediator asked if we did coparenting therapy. I told her I am seeing a MFT specializing in coparenting therapy. Ex said I never gave him the info to attend. I told mediator that I asked him 3 times to attend and he would not. I tried to show the emails stating that he would not attend with me but she would not look at them and said I did not try hard enough to get him to attend. Mediator said she is enforcing the court order again for him to attend the therapist I have been seeing and for me now to go to coparenting class and the therapist.

Mediator asked which therapist our daughter is seeing and is going to speak with daughter's therapist.

Mediator told us to get daughter into Karate asap. I take her on my week and him on his week.

That's what I got for right now. There was a lot of things said but these were the issues that the mediator addressed.

Mediator kept telling ex that he has a lot of power. I don't get this and I was there but in your opinions, why did she keep saying that and why does it end up being that I have to cater to his wife? Is this what coparenting is moving toward?

I realize that it's not about me but all of this crap that ex and stepmom are saying and putting daughter through is affecting her relationship with me. For example, daughter looks around to make sure stepmom is not watching before she will let me hug her, hold her hand or put my arm around her when before she would walk right into my arms for a hug.

Learning experience:

I got repremanded several times for interupting. My ex is very long winded and takes very long pauses, I counted to 95 mississippi in my head one time, in which I really did think he was finished, turns out he wasn't. Once ex saw me get repremanded he really worked it with the super long pauses and when I would start to say something he would say "I'm not finished yet" and mediator would tell me to be quiet or she will kick my butt out of the room.

Ex got repremanded when mediator asked what the custody arrangement was currently. He answered 50/50 physical and legal. Mediator yelled at him that daughter is not a math problem, what is the current custody arrangement and he answered 50/50 again and she yelled it a second time. He told her he did not understand the question then and she said "NO". He said one week on and one week off and mediator said that's better. Glad she did not ask me that one because I would have gotten yelled at too for the same thing.

I did not get to say much and ex did most of the talking. I believe that I did not project myself that well and would go blank especially after being repremanded. I have a lot of "I wish I said this". After my poor performance and what mediator is saying it does not seem like the DV, interference and lack of coparenting are enough to change custody.

Mediator is sending the report to the judge and us and our court date is January 26th and I will post back with that update.

Nothing to do with mediation but to top everything off on the way home from mediation the freeway came to an abrupt halt and my car got rear ended pretty good. Awww figures**************
 

PQN

Member
The mediator sounds like an idiot. I cannot imagine the judge ordering you to coparent with stepmom nor for you to miss school events so that a legal stranger can attend. Do you have an attorney? If not, get one at least for the upcoming court date.
 
The mediator sounds like an idiot. I cannot imagine the judge ordering you to coparent with stepmom nor for you to miss school events so that a legal stranger can attend. Do you have an attorney? If not, get one at least for the upcoming court date.
This mediator has shocked me with some of the stupid things she addressed like my 2 year old son.

I cannot agree with the mediator saying that since stepmom has a problem with it then that means it's an issue for ex and I need to correct it as if they are one in the same person.

The ex walked out of there as if he did have all the power and stepmom can do whatever she wants.
 

gr8rn

Senior Member
Here is what it looks like to me...The mediator considers the stepmom as more important than your daughter's brother.

Looking at this objectively, if you had had an attorney present, then that kind of crap would not fly. I believe your mediator has a napoleon complex that would certainly have been cut short if you had an attorney present.

Do consider hiring one so that this doesn't happen again.
 
New Year's Eve and Coparenting class question

This New Year's Eve is mine. Current Custody order only says "pickup time for holidays are to be discussed". For years my pickup time has been 9:00 am and ex says that I cannot pick her up until 5:00 PM. I wrote back 9:00 am like usual and he isn't responding. What should I do or can he do this?

Another question is the mediator on Monday told us that I need to take his specific coparenting class and him see my coparenting therapist. I emailed him the therapist info and he emailed me back telling me the class is through the city and another doesn't start until February and to go find one in my area. I asked for the name, number or web site please so I can check and he is not responding. I have researched coparenting in his city and it's turning up online classes. What do I do now?

Thank you and I know you all are probably sick of me but I do appreciate the help.
 
Here is what it looks like to me...The mediator considers the stepmom as more important than your daughter's brother.

Looking at this objectively, if you had had an attorney present, then that kind of crap would not fly. I believe your mediator has a napoleon complex that would certainly have been cut short if you had an attorney present.

Do consider hiring one so that this doesn't happen again.
Can an attorney be present during mediation in California? I have an attorney, and he has never been present for mediation. From my experience, they don't go to mediation in CA, but they can object once the mediation report is in front of a judge. I haven't seen many prevail at getting around a mediator's report without an attorney, so I would HIGHLY encourage getting one.

I have to say that I am shocked at some of the mediator's recommendations, especially in regards to the stepmom not wanting the actual biological brother being present for pickup....disturbing!
 
Can an attorney be present during mediation in California? I have an attorney, and he has never been present for mediation. From my experience, they don't go to mediation in CA, but they can object once the mediation report is in front of a judge. I haven't seen many prevail at getting around a mediator's report without an attorney, so I would HIGHLY encourage getting one.

I have to say that I am shocked at some of the mediator's recommendations, especially in regards to the stepmom not wanting the actual biological brother being present for pickup....disturbing!
I wish I could have an attorney for the court date believe me. I don't know about them being present for mediation.

Everything that the coparenting therapist has counseled me on, which matches what is said on this legal forum, the mediator went against except for ex having to do the communication. I hope that this mediator knows what she did by empowering him and his wife more especially since he has a tendancy to get violent.

What about the other questions I asked?
 
This New Year's Eve is mine. Current Custody order only says "pickup time for holidays are to be discussed". For years my pickup time has been 9:00 am and ex says that I cannot pick her up until 5:00 PM. I wrote back 9:00 am like usual and he isn't responding. What should I do or can he do this?

Another question is the mediator on Monday told us that I need to take his specific coparenting class and him see my coparenting therapist. I emailed him the therapist info and he emailed me back telling me the class is through the city and another doesn't start until February and to go find one in my area. I asked for the name, number or web site please so I can check and he is not responding. I have researched coparenting in his city and it's turning up online classes. What do I do now?

Thank you and I know you all are probably sick of me but I do appreciate the help.
I imagine the time would be difficult to enforce since there is nothing specific in your order. A logical person would assume that you should get most of the day, especially since this is your year to have your daughter....5pm doesn't seem reasonable to me, especially since the status quo has been for you to get your daughter at 9am. I think this should be brought up during your January hearing and ask for specific vacation days and times to be outline in the order.
 

nanu156

Member
be specific

I have posted this type of thing before, but I'm learning quickly that custody orders need to be over the top specific. They need to have dates times, things like even and odd years (instead of every other), who drives, where exchanges take place etc, many parents also have issues with clothing not being returned that type of thing can also be specified. If anything is left up to discretion it gives parents the opportunity to mess with one another.
 

gr8rn

Senior Member
Can an attorney be present during mediation in California? I have an attorney, and he has never been present for mediation. From my experience, they don't go to mediation in CA, but they can object once the mediation report is in front of a judge. I haven't seen many prevail at getting around a mediator's report without an attorney, so I would HIGHLY encourage getting one.

I have to say that I am shocked at some of the mediator's recommendations, especially in regards to the stepmom not wanting the actual biological brother being present for pickup....disturbing!
Good point. I never considered that things would be different in CA. I am in PA and my attorney was present for all mediation sessions, so ass and ume!!
Regardless, there should be some way an attorney can object to this mediators blatant disregard for best interests and mom vs. legal strangers. I would be howling mad if this had happened to me. OP you really need one.
 
Good point. I never considered that things would be different in CA. I am in PA and my attorney was present for all mediation sessions, so ass and ume!!
Regardless, there should be some way an attorney can object to this mediators blatant disregard for best interests and mom vs. legal strangers. I would be howling mad if this had happened to me. OP you really need one.
My only hope is that my coparenting therapist is also a consultant for court custody matters in my county, cannot be in court with me though, and I will have his help and instruction for a lot less than an attorney. I have racked my brain but cannot come up with the money for an attorney.

I am howling mad but that doesn't help me, if anything hinders my attempts to represent myself well. I was howling mad with the mediator and flat out told her "no" for not being able to bring son to school pickups for daughter. My daughter is going to ask were brother is too. She loves showing her friends her brother and loves taking him by the hand and showing him around. She will ask "why?" and what do I tell her now.
 

Artemis_ofthe_Hunt

Senior Member
My only hope is that my coparenting therapist is also a consultant for court custody matters in my county, cannot be in court with me though, and I will have his help and instruction for a lot less than an attorney. I have racked my brain but cannot come up with the money for an attorney.

I am howling mad but that doesn't help me, if anything hinders my attempts to represent myself well. I was howling mad with the mediator and flat out told her "no" for not being able to bring son to school pickups for daughter. My daughter is going to ask were brother is too. She loves showing her friends her brother and loves taking him by the hand and showing him around. She will ask "why?" and what do I tell her now.
I would figuratively be screaming to anyone who would listen. I would call your attorney and quite possibly filing a complaint with the mediators supervisor. Actually, thinking on it... that's exactly what I would do. Take ALL of your documentation to your attorney, take a copy to the mediator's supervisor and take the original order with you, specifically to point out that step-mom's name is no where on the orders.

I'm sending CourtClerk a message to see if she has any other advice to give. Standby for CC.
 
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