• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Mediation with only one party

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Ohiogal

Queen Bee
Thank you for the advice. I filled out my RO paper work, and will be filing it on my way home from work. I tried to leave early today, but we're short staffed :(
Do I subpeona the officer once I find out the court date?
And, if my TRO states that dad can't contact me, or daughter, will that superscede the current custody/visitation order? The visitation orders will still be in place right, until our mediation hearing?
The TRO will supercede the visitation orders.
 


CdwJava

Senior Member
And you cannot issue a subpoena for the officer until you have a hearing date as you will have to have the court order the officer to appear at a specific date and time. Plus, you will have to put on deposit a sum of money to compensate the city for the officer's time (potentially at time and a half, and at a minimum of two hours or whatever the city's court minimum is). Since this is a civil issue, the law says you will have to put up the deposit. If you are indigent, they might waive that fee from you and pay the officer out of their own pocket.

- Carl
 
Another situation.....

Thank you..I didn't know that there is a fee to subpoena an officer. Would this also be the same with doctors, etc?

Dad's weekend visitation begins today at 7:30 until 6pm Sunday. I went to our meeting spot, and had my fiance come with me. Normally fiance doesn't come to custody exchanges, but based on what happened earlier this week with dad, I wanted someone else there. Dad wasn't there but his mom and her husband were there. Dad's last visitation was T-F 10/20 to 10/23. Grandma had our daughter from W-F, majority of dad's visitation. This morning, she and her husband gave me their contact information and asked if it was ok if they dropped her off at the same place on Sunday. I said "So, (daughter) is with you all weekend?". Grandma said "yes, is that ok?". I asked her where dad is and she smiled, and shrugged her shoulders. I asked her if dad was planning on seeing our daughter this weekend, and she shook her head. It was a little awkward......I was holding my daughter, and she was clearly happy to see gramdma and grandpa. Grandma has often been at drop offs or pick ups, and it's always a surprise to me because Dad won't tell me if someone else is picking our dughter up or dropping her off.
Our order doesn't specify who picks up our daughter, but it is very specific about visitation. Dad has failed to pick up daughter in the past, even on Father's Day weekend.
Could I have refused to allow our daughter to go with her grandparents, knowing that dad wasn't excercising his visitation? I didn't refuse because our daughter adores her grandparents, and in the past when dad and his mom have a falling out, he won't let his mom see our daughter. And, I have no reason to believe that our daughter would be in any kind of danger spending a weekend with her grandparents. However, this is Dad's weekend and he isn't utilizing it, and the order is specific about Dad's visitation.
This is making me feel a little uneasy about what's going on with dad. His behavior, the appearence that he has been evicted from his home, him being "out of town", and not appearing in court. Should I even bring this up in court, dad not using his visitation, along with all the other stuff? There is sooooo much going on, I don't want to get into court and appear petty for certain things up.
 

Ronin

Member
..I didn't know that there is a fee to subpoena an officer. Would this also be the same with doctors, etc?
The practice of putting a deposit with the court does not generally apply to doctors, retained psychologists, and other like professionals. But good luck trying to get a busy physician to show up for a hearing.

Anyhow, if such folks are being called in as expert witnesses, your costs could skyrocket, as they are most often entitled to compensation on the order of $200 (retained therapists) to over $500 (M.D.'s) per hour. I have seen where one of the physician's staff showed up in court to verify the accuracy of medical records on file in the doctors office, but do not know what that cost was, but presumably it was not free.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top