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Missing Mediation...

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My husband and his ex-wife are going back to court for a modification of custody. My husband is asking for primary (which is reflective in the current day to day living), their previous order was for 50/50. We were just made aware of the dates set for the mediation and hearing, this last week. Currently, they are set for June 1 and June 13th (respectively).

However, there is a problem. His ex-wife is getting married, this next Friday and will not be back from her honeymoon until after the mediation date! She is suppose t be out of the country for the honeymoon. When we spoke with our atty, we had requested that the date be after her return. But, after the date was filed, his secretary said that the court assigns a date, and that atty's have no say so on the dates!

My question is...what happens if she does not appear??? What does this do to the case?? I have asked our atty's secretary, and she said that she was not sure, and our atty was in court all last week!


Senior Member
it looks as if she will either postpone her honeymoon or she will have her lawyer to ask for an extension and to reschedule the hearing.

it would be best for her to make the requests now - the closer it gets to the date the less agreeable the judge may be.

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