Legal Question in Family Law in California

Hello,

My ex did not put our 9 yr old son on plane for my court ordered visitation over the Xmas holidays. I filed ex parte hearing and the judge ordered "mediation" which my ex blew off. I showed up from out of state. No hearing due to her not showing up. Subsequently, we have a hearing next week on this. Question, what kind of trouble should my ex get into for NOT showing up for mediation? Is it customary for the judge to set a new mediation date or is she sol? Also, I have a lot of documentation that I was going to present at the mediation but I can I present this at the hearing? I didn't file it because it would have been untimely because the hearing was the very next week. Should I file even though the hearing is in a few days? Thanks Shawn


Asked on 2/11/11, 8:00 am

1 Answer from Attorneys
Harutiun Kassakhian The Kassakhian Law Office

If the Court ordered your ex to go to mediation, and she did not, she is violating the Court's order. You can file a motion for Order to Show Cause. If your ex blew off the mediation, you can ask that your ex compensate you for your travel expenses and travel time. The Judge will probably want you to have another mediation date. If you have a motion, file it. If it is not timely, the Court can set it for a hearing in the next couple of weeks. You can also file a motion requesting that you appear by telephone at that hearing.

The wisest action you can take is to hire a family law lawyer.

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Answered on 2/11/11, 9:00 am


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