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IAAL-mediation question in CA?

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karma1

Senior Member
What is the name of your state? ca
Brief history-
ex parte motion filed and heard on Aug 12-thrown out.
However, mediation scheduled for Oct 21 from this ex parte filing (not sure why they schedule mediation AFTER the hearing? but do know that when anything is filed in family court, mediation is scheduled)
Should we find out if the mediation has been cancelled or is it automatic if the hearing has already taken place?
 


I AM ALWAYS LIABLE

Senior Member
lovingwife said:
What is the name of your state? ca
Brief history-
ex parte motion filed and heard on Aug 12-thrown out.
However, mediation scheduled for Oct 21 from this ex parte filing (not sure why they schedule mediation AFTER the hearing? but do know that when anything is filed in family court, mediation is scheduled)
Should we find out if the mediation has been cancelled or is it automatic if the hearing has already taken place?

My response:

Well, you've got me lost . . .

If mediation was scheduled for Oct. 21st, why would you think it's been cancelled?

Perhaps it's just the way you're trying to explain this matter. What do you mean by "thrown out"? Was there a decision on the merits? What was the ex-parte about?

IAAL
 
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I

imaqt

Guest
lovingwife said:

Should we find out if the mediation has been cancelled or is it automatic if the hearing has already taken place?
bear with me as i am new but why can't you just call the courthouse and ask if it has been cancelled? seems that would have been alot quicker than posting a question.
 

karma1

Senior Member
Since it's not my mediation....

I can't call or go there to find out if it's still on or not-for my brother and he is out of town right now-
IAAL-forgive if this is repetitous-
this whole ex parte thing was so weird-mom lost custody on aug 8 and visitation was to be worked out between parents, however, mom had to have a "suitable living conditions" for visitation to take place-to be agreed upon by dad-
mom comes to take child not 4 hours after court for visitation-dad says, nope, you still don't have a place to live, you can't take her (mom wanted 4 days)-mom screams she is going back to court to change this-
she files the ex parte motion-just a big complaint about how dad did not give her child on aug 8-judge through it out saying the original court order still stands-judge kept asking mom what she wanted him to do-she wanted custody again-again, he threw the motion out-
But, when she filed the ex parte, mediation was scheduled-
so, yes, when dad gets back, he will call or go to court house to see if mediation is still on but in the mean time, just looking for info-
thanks
 
I

imaqt

Guest
Re: Since it's not my mediation....

lovingwife said:
I can't call or go there to find out if it's still on or not-for my brother and he is out of town right now-
IAAL-forgive if this is repetitous-
this whole ex parte thing was so weird-mom lost custody on aug 8 and visitation was to be worked out between parents, however, mom had to have a "suitable living conditions" for visitation to take place-to be agreed upon by dad-
mom comes to take child not 4 hours after court for visitation-dad says, nope, you still don't have a place to live, you can't take her (mom wanted 4 days)-mom screams she is going back to court to change this-
she files the ex parte motion-just a big complaint about how dad did not give her child on aug 8-judge through it out saying the original court order still stands-judge kept asking mom what she wanted him to do-she wanted custody again-again, he threw the motion out-
But, when she filed the ex parte, mediation was scheduled-
so, yes, when dad gets back, he will call or go to court house to see if mediation is still on but in the mean time, just looking for info-
thanks
wow! that all sounds fairly painful for the child. Like I said, I am new and was just curious, after all you just asked if you should call and find out if mediation is canceled, can't figure out why you needed someone to tell you yes? Unless this IAAL is suppose to call for you I don't see how any is suppose to give you an answer as to whether mediation was canceled or not. Just my opinion though, sorry.
 

karma1

Senior Member
the legal question was....

and this is also for learning purposes-
if the hearing has taken place before mediation-is that mediation automatically cancelled or is it up to the people involved to cancel it?
maybe I didn't clarify that-
I asked IAAL because he deals with the CA family court system-and posted for others to learn too----
not a matter of asking a question I already know the answer too-of course one should find out if mediation is still scheduled-that would eliminate the possibility of one parent not showing up-
but, the legal question still remains-if the court hearing has already taken place, does the court let the mediator know the decision has already been made or is it up to the people involved?
When you go to mediation in CA, the mediators report is giving to the judge and that is what he goes by for decisions (in the cases I observed)-but if the situation is reversed, so to speak, and the judge needs to communicate with the mediator that mediation is no longer necessary (BTW-these parents just went through mediation in July-and an attorney was appointed for child who decided dad has custody---) does that really happen?
This is something new to me (hearing first, mediation later) so I was asking....
thanks
ps-Oct 21 was the next available mediation date-very busy, these mediators!
 
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stealth2

Under the Radar Member
I'd think the mediation would still be useful in helping sort out appropriate visitation (assuming Mom has a place now).

And *thank you* for using "so to speak" correctly. I can't tell you how nuts it drives me when I read "sort of speak" instead. :D
 

karma1

Senior Member
well, that's what mediation is supposed to be for....

working things out before you go to court, but like I said, that particular hearing is all ready over with-
In fact, since then, there has been 2 more hearings (ordered by judge so no mediation for those) and mom went from joint physical to no physical-
mom still has no home-and is facing some serious legal issues since she never told welfare or support office that she no longer has custody----
thanks for the thoughts....
 

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