Legal Question in Family Law in Michigan
Judge refuses to hear our case
My fiance' and I have been fighting for visitation of his 3 year old daughter for the past 2 years. We had every other weekend, every tuesday evening for two hours, and one full week a month. Recently her mother refused all visitation until we could be seen by our judge. We show caused her and the judge refused to see us until we went to mediation. We did go to mediation but the mediation man shows alot of favoritism towards the bio-mother. Is there anything we can do to get our visitation back? The judge still won't see us because Mr. Mediation Man wants to meet once a month for the next three years to the tune of $360.00 a time, per adult that attends. Also he only wants us to see the child twice a month. Can he do this?
1 Answer from Attorneys
Re: Judge refuses to hear our case
Dear Madam:
This is in response to your email of May 8, 2001, which was received by this office on June 20, 2001.
Mediation is voluntary by nature. If the parties attend mediation and it fails, they have every right to go before the Judge and ask for an evidentiary hearing. Therefore, based on the facts that you have alleged the Judge should entertain your request for an evidentiary hearing to resolve your issues. However, you must examine the Mediation Order carefully to insure that it does not place limitations upon you with regard to ability to request the court�s intervention. Additionally, if you request an evidentiary hearing you will not necessarily speed up the process.
Unfortunately without additional information I am unable to advise you further.
Sincerely,
Michael D. Eberth
(313) 561-5700
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