Legal Question in Family Law in Virginia

Mediation No Show/No Call

What happens if someone is a no call/no show for mediation. My ex and I were ordered by the court to do mediation. I did my portion of the mediation however my ex did not. The mediator said they were going to report them to the court for not complying with the order. Do I need to file contempt on this as well? Also I am wondering what the consequences are? I have filed contempt for them violating our current order which is the reason the mediation was ordered. This is not the first time during our on going battle ( 5 years) that they have failed to follow through with an order, ordering mediation. Previously they only received a slap on the wrist. Is this what I should expect this time around as well?


Asked on 6/04/09, 12:53 am

1 Answer from Attorneys

Kerriel Bailey K Bailey Law PC

Re: Mediation No Show/No Call

It is difficult to predict what the judge may do this time around, especially considering the five year history of your custody battle. You should contact your attorney and discuss this with him or her.

Speaking in general terms (NOT specifically addressing your issue because there is much so much history that I don't know about). In Virginia you would likely file a Show Cause which where the court would require the party who disobeyed the court order to "show the cause" of why they disobeyed the court order. The judge at the Show Cause hearing could then find the no show/no call party in contempt.

My advice is talk to your lawyer about this!

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Answered on 6/04/09, 10:36 am


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