Legal Question in Family Law in California

Re: Custody and Visitation

It seems like you are asking very separate questions. The first is how to get a continuance and the second is what to do about the mediator's potential recommendations.

Since the other party will not agree to the continuance, your only bet is to go into court and ask for one. A Court will often grant a continuance if a good reason for one can be shown. The fact that your daughter is ill is probably not a good reason. Since your daughter is not really a party to the proceedings and will not be allowed in court, it will be of little relevance that she is ill. So, you will need to attend the proceeding. If you are still inclined to ask for a continuance the court will ask for a reason, at this point you will need to supply a convincing reason, i.e. trying to find an attorney, trying to locate a key piece of evidence, etc. If you don't have a good reason, asking for a continuance may appear to be a stall tactic.

With regard to the mediator's recommendation, you may not be able to do anything about what the mediator has said. The court gives great deference to the mediator's report, so, in my opinion, one of the worst things you can do is criticize the mediator or the mediator's report in court. However, if you have not yet seen the report, have hope -- it may be better than you expect. Your best bet may be to get a copy of the report as soon as it is available and familiarize yourself with the mediator's findings. If the mediator has negative opinions about you, then you might want to get yourself into a position whereby after the judge's ruling, if it is not in your favor, return to court to get the orders you want and fix the mediator's criticisms or concerns.

If you are really afraid of what will happen, you may want to consult with an attorney at this junction and see if damage control is necessary and/or can be done.

I hope this is helpful.

Good Luck.

-Kendra

Re: Custody and Visitation

It seems like you are asking very separate questions. The first is how to get a continuance and the second is what to do about the mediator's potential recommendations.

Since the other party will not agree to the continuance, your only bet is to go into court and ask for one. A Court will often grant a continuance if a good reason for one can be shown. The fact that your daughter is ill is probably not a good reason. Since your daughter is not really a party to the proceedings and will not be allowed in court, it will be of little relevance that she is ill. So, you will need to attend the proceeding. If you are still inclined to ask for a continuance the court will ask for a reason, at this point you will need to supply a convincing reason, i.e. trying to find an attorney, trying to locate a key piece of evidence, etc. If you don't have a good reason, asking for a continuance may appear to be a stall tactic.

With regard to the mediator's recommendation, you may not be able to do anything about what the mediator has said. The court gives great deference to the mediator's report, so, in my opinion, one of the worst things you can do is criticize the mediator or the mediator's report in court. However, if you have not yet seen the report, have hope -- it may be better than you expect. Your best bet may be to get a copy of the report as soon as it is available and familiarize yourself with the mediator's findings. If the mediator has negative opinions about you, then you might want to get yourself into a position whereby after the judge's ruling, if it is not in your favor, return to court to get the orders you want and fix the mediator's criticisms or concerns.

If you are really afraid of what will happen, you may want to consult with an attorney at this junction and see if damage control is necessary and/or can be done.

I hope this is helpful.

Good Luck.

-Kendra

Re: Custody and Visitation

show up and ask for a continuence.