Return to Custody Mediation


#1

My DH’s current parenting agreement was filed in 1999 when his DD was 1 1/2. She’s now 12. The agreement states that they alternate major holidays. This was our year for Christmas. A week or so prior to Christmas DH called up Ex to confirm/finalize the Christmas schedule. The Ex tried to take away some of DH’s time for Christmas. He was willing to give her one day but she wanted to take four. It turned in to World War III. During their conversation the Ex said that maybe they should return to mediation. When DH agreed that they should the Ex hung up on him.

DH has decided he wants to return to custody mediation to amend their current agreement. I found the Motion and Order to Return to Custody Mediation form online, DH signed it and the Motion Cover Sheet and I filed it on Monday of last week. I called the Clerk’s office this morning to see if the Judge had signed the Order. The Clerk advised me that the mediation office has requested paperwork from both parties (name, address, telephone number, etc.) because they both have to consent to return to mediation.

Is there a way to return to mediation if only one party is requesting it? Does this require an attorney or can he do it pro se?

Thank you!


#2

You can file a motion to modify custody and the court will then order both parties to attend mediation prior to trial.


#3

Thank you!


#4

You are most welcome. I wish you the best.


#5

I have found some forms used in another county that I plan on typing up with their county information. Would you or can you review these before I file them?

Thanks!


#6

Document review is beyond the scope of this forum. I suggest you meet with an attorney, if only for a consultation prior to filing any forms.