Mediation Orientation Question


#1

Dear soccermom27021:

Greetings. Yes, if you have received this form, you are required to attend or you will be held in contempt.

Also, college expenses will not be deal with by the court, since the court cannot order a parent to pay for their adult child’s expenses. Therefore, yes, you can ask about mediating college costs, but I doubt the mediator will allow you to do so. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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

Thank you Janet. I fully intended on attending this mediation since I knew that I was required to do so. I didn’t understand what it was about and my attorney is on vacation until after the 1st of the year.

I have another question if you don’t mind. In with this same envelope was a copy of a Request For Production Of Documents To The Defendant. My attorney is requesting ex’s cell phone bill activity all the way back to 2/1/04 thru present day since he has an out of state girlfriend that we believe he’s had for much longer than the 3 months that he says he has had her. It’s a company cell phone through Verizon. My attorney had originally said that if I could give him the cell phone number & who it was with that we would subpoena Verizon directly and not even go through the company that my ex works for and I know that the paralegal had talked to Verizon and the subpoena was ready to go last I heard. Since I received copies of this that were sent directly to the ex’s attorney, does this mean that my attorney is not going to be able to get these records directly from Verizon? What kind of problems do you think there will be if we have to go through my ex’s place of employment to get them?


#3

Dear soccermom27021:

Greetings. I generally try to leave parties’ employers out of litigation, as involving them may cost someone their job, which is not worth it - especially if support is involved. Usually it is better to request the documents through discovery. Does that help?

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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.


#4

Thank you Janet. I am hoping that it what they have done, but I didn’t understand why a request was sent to the ex’s attorney. Is this just to notify him that the cell bills are being requested directly from the phone company? Also, with respect to domestic criminal trespass. I have asked the ex on numerous ocassions NOT to come on my property since he is the one that moved out. My 17 yr old daughter had to go to ER last night due to a basketball knee injury. He was at the game. He knew I was taking her, but did not bother to come to the ER & check on her. I had gone this morning to pick up her meds and take them back home and I met him coming out of the neighborhood. He had been to the house. He did not go in, but stood at the door. Is this grounds for domestic criminal trespass?


#5

Dear soccermom27021:

Greetings. No, that is not grounds for domestic criminal trespass, but make sure that your requests for him not to come back into the house are in writing. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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.


#6

Thank you Janet. Why did the magistrate in my county tell me that it IS grounds for Domestic Criminal Trespass? He said what made it domestic is that we were married and that if we weren’t married it would be just plain old trespass?


#7

Dear soccermom27021:

Greetings. It may be domestic criminal trespass under the statute (technically) since he is on your property, BUT it would be a hard stretch for me to advise a client to file under the entire circumstances. I still think that standing on the door step is not domestic criminal trespass though and I feel it could easily be defended against, since you have no written proof of telling him not ot come to the property and he was there to see your child who was injured that day and did not cross the threshold. Domestic Criminal Trespass is not the same thing as a restraining order. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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.


#8

Thank you Janet. I totally understand what you are saying. The ultimate reason that I would file this charge is not for him to be prosecuted, but to prove to him that I mean business about him staying away from MY home. However, my daughter is 17 yrs old. There are two telephone numbers he can reach her on and she has her own vehicle to go and see him if he wants her to as he only lives 10 minutes from us. If he wanted to see his injured daughter he should have been a father and come to the ER as he was right there putting her in my vehicle for me to take her. Instead he chose to not leave his out of state girlfriend and chose her over his own daughter.


#9

Dear soccermom27021:

Greetings. First, I understand that you are upset at his lack of responsibility and attention to your daughter. Now, I want to remind you that there are other ways to make him understand that you mean business. A letter, preferably from an attorney, threatening him with domestic criminal trespass is one of the ways in which you could let him know you are serious and his behavior is unacceptable. Also, inviting him to counseling to deal with his poor parenting skills and his inability to accept other’s boundaries may be another way to set the record straight for him. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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.


#10

Thank you Janet. He’s been written a letter warning him to stay away so we’ll see if that works. As far as suggesting counseling to deal with his poor parenting skills and holier than thou attitude, I think it would be a wasted breath to even suggest it to him. I am upset with his lack of responsibility and attention to his own flesh and blood daughter, but I realize that one day he will be very very sorry and he will have to be the one to deal with it. Thanks for all of your advice.


#11

On Christmas Eve I received a copy of an order from my attorney that was sent to my ex’s attorney entitled Notice For Custody Mediation Orientation. It states that our case has been set for mandatory mediation of all custody and visitation issues. The date is set for 1/21/05. My daughter will be 18 in March. Is this totally necessary? She lives with me and has no desire to live with her father. She visits with him about once a week anyway. I was under the impression that since she’s 17 and approaching 18 that she can pretty much live with whomever she wishes to. She’ll be going off to college after graduating high school this year. Is this a mediation where we can mediate how we are going to handle paying for college?