Skip to main content
Herbert C Kroon
Avvo
Pro

Herbert Kroon’s Answers

6 total

  • Mediation and previous court order?

    I filed for divorce in 2012. We reconciled. We had another baby. He cheated and moved out after he had asked me to be a stay at home mother. I moved out of state to get help from family and he petitioned the courts. So we had a temp. court order. ...

    Herbert’s Answer

    You have a very complicated situation. First, do you have an attorney? If you don't, I think you should get one. Second, the enforce ability of a mediated agreement depends in large part upon the laws of your state. That is why you need a lawyer to help you. I am uncertain about whether you can file for divorce in the state in which you now reside. I would want to know that status of the divorce file in the state in which you previously lived. Did you actually 'dismiss' the prior legal proceeding? If so, did either of you re-open the case with new paperwork? How long have you lived in your new state? States have residency requirements. What is your current parenting arrangement with the children and how long have they lived in the new state? (Most states are part of a 'uniform law' about determining which state should handle custody disputes when parents live in different states) .... Lots of complicated issues here. Please get an attorney to help you.

    See question 
  • Mediators report being inaccurate

    what should i do? the mediator put in statements that i did not say and did not include other things that i did say and it is unknown as to everything the other party said being as they asked for it to be seperate. my court hearing for custody is ...

    Herbert’s Answer

    It may be too late to give you an answer... but, in Minnesota, medications are confidential and voluntary. Judges don't see mediation reports. Is that different in your jurisdiction?

    See question 
  • Can a lawyer attend a mediation as a friend for advice, without representing them or facing any legal issues?

    Attending a mediation, my attorney can't attend. My friend is a lawyer, totally different field can he attend to advise me?

    Herbert’s Answer

    I agree with Mr. Ginsberg. I think you should try to reschedule the mediation so that your lawyer can attend. I would think that the mediator would be completely willing to do this. Your attorney friend might not be of much help if he doesn't practice in family law.

    See question 
  • If a divorce mediator makes several negative sarcastic comments about settlement property can you request a new Mediation?

    Mediator commented: "snakepit, moneypit of a house. I'd want to get rid of it too with that many repairs needing to be done" , and several other comments. What is required to get a new mediation? Do I need to go to the Texas State Bar?

    Herbert’s Answer

    Did you sign a settlement agreement based upon the mediation session? If not, please remember that mediation is a voluntary process and you are free at any time to 'pull the plug." However, if you are still in the mediation process with this mediator, I'd first talk to the mediator first to tell him/her that you are upset about his/her sarcastic comments. If that doesn't help, then I'd pull the plug.

    See question 
  • Adopting mediators notes.

    during a custody issue and going to mediation the judge ordered for us to adopt the mediators recommendations. Then a few years we adopted another set of mediators recommendations. Our most recent mediators recommendations do not address vacations...

    Herbert’s Answer

    I believe that if you did not address vacations in your most recent mediation, the prior agreement regarding vacations should stand (I am assuming that your new agreement doesn't in any way impact the vacation schedule)

    See question 
  • I need to appear for mediation via telephone I live 1500 miles away and the mediator agreed however the other party objects.

    I have asked why but I know its just to cause m financial hardship which in all honesty will take away any money I can pay for child support if I have to travel plus I could lose my job as they are not required to give me the time off. How do I f...

    Herbert’s Answer

    I would like to help but you question puzzles me. If there is no specific motion before the court, why are you mediating? Is there a court order that mediation must be attempted before either party returns to court? Do either of you have lawyers? Anyway, if the mediator doesn't feel that he/she can force your x to agree to mediation by telephone (or SKype), my best answer at this point is to write a judge a letter indicating that you wish to mediate, but need to do so by telephone...and that the mediator agrees.+-

    See question