Surprise Mediation Results-please advise

[daddenied]

Questions...

rmet, while I am an advocate for 730 evaluations- You must know that when a judge doesn't order it, but rather one of the parties does, they typically have to bear the cost (which can be anywhere from $5,000-15,000) on avg. That doesn't seem like a reasonable direction to give this man who is worried about paying his attorney as it is.

I'm also confused about you saying the charges weren't enough for contempt- Did a judge tell you that? Because anyone other than the judge cannot make that decision.

I'm concerned with how active (or inactive) your attorney may be re; this....Most notably due to the jurisdiction change from LA county as rmet remarked above- how did that happen?

There are spaces missing in here somewhere & I'm not sure where they are.

Try asking the court appoint a GAL or CASA, and ask your attorney to file a request that due to income restrictions the court bear the costs. You need someone speaking to you and the children and the mother, both separately and together.

1. Wow! 730 Evaluations cost so much! In what instances would a court ask for it and take care of the costs? Are there any?

2. A judge did not tell me that...like I said, just the police station and my attorney said to file them and it would be all addressed at the July 1st hearing. Now that I think about it I wonder if he advised me thinking I didn't have enough money to file another OSC re: contempt.

3. I retained my attorney in August 2004 when the transfer from Riverside to Fresno was complete.

4. What is a GAL or CASA? I am ignorant to all of this.
Would my attorney be able to file a request for the court to bear the costs now or is too late? Would he be able to ask the judge at the hearing before he rules on everything?

Thanks!

 

[daddenied]

I am really sorry you went through this. Continue to fight for what is right. I know it's difficult, please don't let this discourage you. The way your ex acted (according to you) is below you.
I'm also sorry to hear that lawyer you have feels the need to charge $1500 just to show up in court knowing your financial situation.

I told him I needed him to show up to represent me and asked to make payments, but he said he had to have it before Friday as he cleared his calendar-I think he will already be at the court house. I guess he has to make his money too huh?

 

[daddenied]

As a custodial father and Counselor, I can say you've been handed a burden that most don't have to carry. Your anger and sadness is normal and expected. If the judge actually buys into the arrangement, then accept the burden and do your best to make each visit count as an investment. Participate open and honestly in any counseling. Accept responsibility for your feelings, avoid raging against the mom (probably exactly what she's hoping for). Then cash in your investment 6 months from now by going back to court and showing all the extra effort you put in.

Thank you too for your kind words. I don't even get mad any more...I am so sad about all of this...I think the last time I raised my voice with my ex-wife was prior to the divorce in 2002...Since I started visiting my kids, I think I may have raised my voice twice...once to reprimand two of them for bickering and another time I shouted because they could not hear me at the beach...nothing that would warrant any type of abuse...I am also a counselor at school and teach a class to high school drop outs as well as Sunday School and have been extra conscious of my voice tone and responses to negative experiences. I think I spoke in a tone just above a whisper at mediation...anyway, why I am going on and on about this...??? Just needed to get this off of my chest. Thanks again.

 

[rmet4nzkx]

1. Wow! 730 Evaluations cost so much! In what instances would a court ask for it and take care of the costs? Are there any?

Yes they are but you can ask that either your ex or the county bear the cost, just asking for her to bear the cost of a problem she caused might make her reconsider her actions and also allow an unbiased person to evaluate the whole situation, that report would have more bearing than that of the mediator if they failed to consider the police reports when visitaiton was denied.

2. A judge did not tell me that...like I said, just the police station and my attorney said to file them and it would be all addressed at the July 1st hearing. Now that I think about it I wonder if he advised me thinking I didn't have enough money to file another OSC re: contempt.

No one but your attorney can say what they are thinking, something in not right, you should not be in this place 2 days before a hearing without timely filings, please read my previous posts as they contain information to file even at this late date.

3. I retained my attorney in August 2004 when the transfer from Riverside to Fresno was complete.

4. What is a GAL or CASA? I am ignorant to all of this.
Would my attorney be able to file a request for the court to bear the costs now or is too late? Would he be able to ask the judge at the hearing before he rules on everything?

Thanks!

I already gave you the link to the form to fill out to ask the court to appoint a GAL Guardian ad Litem. THis is another opportuntiy to have an unbiased evaluation based on the best interest of your children.

 

[daddenied]

At this point, if the children have been influenced as you claim, then of course counseling with them could be beneficial.

My attorney said the same thing, but I haven't been feeling real good about him and I am awaiting my brothers call to see if he can help me to come up with the rest of the money for this attorney in 24 hours. Wish me luck...

 

[daddenied]

Sorry...

I already gave you the link to the form to fill out to ask the court to appoint a GAL Guardian ad Litem. THis is another opportuntiy to have an unbiased evaluation based on the best interest of your children.

I just saw that and downloaded it. Thank you.

 

[rmet4nzkx]

I just saw that and downloaded it. Thank you.

Did you read my other posts and the answers to your questions? I ask because you ask questions I already answered.

 

[daddenied]

If Attorney Does Not Represent

Thank you all for your advice. In case I cannot afford to come up with the money by tomorrow evening, I plan to file what I can through fax tomorrow and do what I have been advised by a few of you in this forum. Will the judge really listen to what I have to say? Will I be able to petition the court to have my ex pay the entire cost of the evaluation since she failed to follow the order? Will I also be able to ask the judge to review the recommendation, pointing out all the unreasonable areas...me paying for all of the sessions, only being able to see my children in a supervised visit when I share joint legal and physical custody and have no history of domestic violence... Is it realistic that the judge will order my ex to be responsible for providing transportation and pay the cost of counseling/supervision? I guess I am worried since I never planned I would be representing myself and it looks that way right now. I understand that domestic/family violence is more than physicial in nature, but as a counselor and teacher I already know this and like I said earlier, I don't believe I've had fighting words or loud voice tones in an argument with my ex since before we divorced in 2002. ??? I'm in a panic about representing myself right now.

 

[daddenied]

Did you read my other posts and the answers to your questions? I ask because you ask questions I already answered.

Sorry, I am a mess right now and tried to go through each post and reply...I appreciate your patience and understanding.

 

[rmet4nzkx]

What you will do is to ask the court to appoint the GAL and ask for the EC 730 evaluation (both parents have to agree on the evaluator) and ask for a continuance to obtain counsel and or for the results of the evaluation. Ask to have the judge order your continued visitaiton, unsupervised and that mom deliver the children to you in LA for visitation on the existing schedule and to make up lost visitis, eg. the rest of the summer and then every weekend until the missed visits are made up, since she repeatedly failed to make the transfer. Ask that she pay your attorney's fees and costs.