Mediation/custody question


#1

This is a difficult question to answer without reviewing the actual court file. It is very unfortunate that an Order has not been filed from a hearing or trial that took place in April. It is possible that one of the attorneys was instructed by the judge to draft the Order and has failed to do so. It is also possible that the judge intended to draft his or her own Order and hasn’t yet done so.

As far as your friend’s attorney, even if the bill has not been satisfied in full, he or she is still your friend’s attorney of record until a judge signs an Order allowing the attorney to withdraw from the case. Your friend should ask her attorney who was to draft the Order. Your friend could also try communicating with the judge about the status of the Order through the Clerk of Court.

As far as your question about which takes precedence, the “mediation papers” or the judge’s Order, again, it is impossible to know without reviewing the provisions of the documents in question. If the “mediation papers” to which you refer is actually a Court Order that says that custody remains with the mother pending further Orders of the court, and another Order hasn’t been filed, the mother may still have primary physical custody. In my opinion, this is unlikely. It is most likely that the April ruling by the judge takes precedence. However, as to whether that Order prohibits the father from removing the child from the state, I have no way of knowing.

Yes, your friend would be able to file a motion asking the court not to allow the father to remove the child from the state.

Best of luck to your friend and her children.

Robin F. Verhoeven
Attorney at Law
Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Hi there… I have a question as it pertains to a friend of mine. She went through mediation for her divorce which gave her physical custody of the children, and 670 a month in child support, plust 130 for insurance per month. Now her xh paid when he felt like it, and never paid the full amount, so she filed court papers to get this into the official court system. When he found about this, he filed for custody of the son but not the daughter. They went to family court in april, and the judge said the son was to live with the father for one year, and the daughter would stay with the mother. Support was never brought up officially in this hearing, since the father recently had lost his second job since the mediation was final. His atty said since his client was not working they could nto work up any numbers.

Now, the father is planning on taking the child to another state, probably in two weeks, but the mother still has not received anything from the court as far as a court order saying that the father would even have custody of the child for one year. She has nothing, she called her atty and he told her he hasn’t received anything yet. She called the magistrate this morning, and they said there is nothing in the file from the April hearing that would constitute a court order.

my question is does her original signed mediation papers serve as a court order, and take presidence over anything else at this point? The father took the child the night in April, saying he had the right to, but as it looks to me she still has physical custody of the son, and he should not be able to take him to another state.

Her atty basically is doing nothing to help her, since her bill is not completely paid in full. Can someone answer these questions? She had to file bankruptcy last year because she makes very little money compared to what his salary is when he is working, and her options are limited at this time. Can she file a motion herself asking the court to not let him remove him from the state??

Sorry if this is long… Thanks in advance[?]