Legal Question in Family Law in California

Mediation and Non Proof of Service

My ex-wife filed an OSC to modify child support and visitation. I have sole custody. I have not been served with this paperwork that was filed on 9/1/2004. I found out it was filed via the courts online self help center. I responded she has yet to file a proof of service and serve me. The hearing is on 10/19/04. Is there any action I can take since she didn't properly serve me? The mediator requested my three children come into her office on monday; the day before hearing....they don't want to go....do they have to speak to the mediator? This request was made by my ex-wife who lost custody 10 yrs ago.


Asked on 10/14/04, 5:24 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Mediation and Non Proof of Service

When you respond she no longer needed to serve you with a copy of the papers for the court to have jurisdiction over you for the hearing. Failing to comply with the requests of the mediator will not set well with either the mediator or the judge. You should consider family counseling with you and your children. This counseling will help you and your children deal with the ex-wife and the mediator.

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Answered on 10/15/04, 1:52 am
Geoffrey Sutliff Geoffrey A. Sutliff, Attorney at Law

Re: Mediation and Non Proof of Service

I agree with Mr. Johnson reply. You also should consider private mediation as opposed to the court mediation (in Sacramento it's called Family Court Services). Private mediation costs some bucks, but it's worth it.

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Answered on 10/16/04, 9:06 pm


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