Legal Question in Family Law in Washington
mediation
I was wondering in order to do something about the other parent not following the parenting plan you have to mediate. And when you make that attempt what can you do if the other person does not return the calls to mediator or will not give a straight answer of agreeing to mediation or not? Is there anything else i can do if the other person drags it along or does not agree to it? Just want to see the kid when i am supose to and ido not get to.
Thank you meagan
1 Answer from Attorneys
Re: mediation
My position is that mediation (provided we are talking about the dispute resolution section of your parenting plan) is NOT required in the event that the other parent is simply not complying with the parenting plan. Mediation is required for a DISPUTE about the terms of the parenting plan. If the terms are clear (e.g., father has child from Friday at 6 p.m. to Sunday at 6 p.m.) and one parent is not following them, there is no dispute as to their meaning, that person is just not complying.
Instead of mediation, you should file a motion to have the other person held in contempt, have the court award you attorney's fees for the cost of going to court, and to have the court order make-up time for the residential time you've lost. You should seek an attorney in your area for further clarification.
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