This is a difficult situation to be in. Does your wife have proof of any prior mediation that she could show?
Isn’t there some sort of record from the previous court proceedings that mediation was attended even though the case was never heard? Does her lawyer not have record of this?
Yes, there is proof that a prior mediation did take place. The mediator was a former judge. During calandar call when my wife’s ex’s latest attorney demanded mediation, my wife’s attorney pointed out that a mediation had taken place. My wife’s attorney did not, however, have proof of the mediation with her at the time. The judge told her that he would “look into the matter.” A few days later, my wife’s ex’s attorney sent my wife’s lawyer a fax stating that the judge had ordered that they return to mediation. My first thought was that the guy’s attorney was lying, but my wife’s attorney is good friends with the other lawyer and doesn’t think that he’d lie. We don’t know what to believe anymore.
The bottom line is that my wife can’t get her case in front of an unbiased (non-freemason) judge. Everytime a non-mason judge is in our local civil court, her ex’s attorney manages to stall the case. All but four of our district judges are freemasons.
It sounds as if a consent order was entered as a result of the last motion he filed. If a new motion to modify custody has been filed then the rules would require you to go back to mediation.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Chapel Hill, NC 27514
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Well, it turns out that my wife’s ex-husband lied to his lawyer. He told his attorney that he’d never been to a mediation session when, in fact, he had (with one of his earlier lawyers).
My wife’s still waiting for a day in court, though. I’m beginning to wonder if this matter will ever be settled.
My wife has been dealing with her ex-husband in court for over 2 years now. They had their mandatory mediation session over a year ago, and it went nowhere. Her ex vowed that he would fight for custody and would not pay any additional child support. When they appeared in court, however, he had “fired” his (second) attorney and signed a consent order that set the child custody as it had been since they separated. In order to simplify things, my wife’s attorney put the issue of child support on hold.
Since then, my wife has faced a cat and mouse game in court. Her ex became a freemason and has gotten a several delays because most of our district judges are also freemasons. Now his current lawyer is saying that they have never had mediation and is demanding a new session. One of the freemason judges has apparently ordered that my wife and her ex return to mediation. How long are judges allowed to delay justice like this?
The only issue left to be decided is how much my wife’s ex owes in child support and arrears. My wife’s attorney says that child support is “cut and dry,” but my wife can’t even get in front of a judge that doesn’t have some sort of connection to her ex-husband. Now she’s forced to waste more time and money with a useless mediation session.