Gillian Anne Brady's Answers

Should I schedule a mediation appointment prior to requesting a modification to visitation orders?

I recommend scheduling a mediation session before asking a Judge to decide for you. There are many benefits to reaching agreements with the other Party in mediation. One benefit when mediating is that you have a chance to communicate directly with the other parent and that can lead to better understandings for the future. A good mediator can also help both parents avoid putting your child in the middle and can help you learn how to co-parent together and avoid conflict in the future. A...

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Mediation ,again

I would suggest the Parties involved find a private mediator with whom they feel comfortable. Mediation is unlikely to succeed unless all involved Parties are mediating voluntarily and in good faith. Forcing people to mediate against their will does not work. You are referring to "they" so I assume you feel you are stuck with a decision someone else has made? If prior mediation led to an impasse, you should try someone else. You could look for an attorney mediator with expertise in the...

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Is there a lawyre that can represent me? It is crusual that I find one because is in regards to domestic violence.

Contact your local women's shelter for help. They should have a referral service and some help with temporary restraining orders. You should be documenting the abuse and you should call the police to file police reports. Threats of violence are abuse. The police can also help with obtaining restraining orders. Try to educate yourself. For example many people do not know that taking the phone away from you (or hanging it up, or disconnecting it) when you are calling the authorities for...

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On spousal support, an agreement was entered during mediation that

Without more information about the original agreement, it is impossible to say. Generally spousal support can be ordered and changed unless your agreement specifically states otherwise. For example, if you both agreed that no spousal support would pass until your daughter finishes college because you both agreed funds for support would be given to the adult child, then that would change things. The language would need to be very clear to make this type of order enforceable. As an attorney...

My ex is requesting to mediate a Parenting Plan that is only 3 months old.

I would carefully weigh the cost of hiring an attorney with the benefit you might get. Also, parenting time and child support should be discussed separately. Parenting time must focus on the best interests of the child. Child support alone should not be a reason to change parenting time. I am not sure if your original parenting plan that was 4 years old was changed when you mediated in February. Parenting time may need to change depending on many factors, but the key is to always focus...

What is the benefit of mediation if one party can simply reneg an agreement without consequences? What's the next step?

Mediated agreements can be made legally binding, but there is confusion about mediation. Court ordered "mediation" is different from private, confidential mediation. For example, the courts in California now call the court ordered mediation "custody evaluation" because the evaluators make recommendations to the Judge which are often adopted by the Judge and made binding. If the child's health or welfare is truly at risk with one parent due to drugs or alcohol or violence, then mediation...

Do I need to go to a mediator if my ex and I come to a conclusion?

If you and the other Party/parent agree to see a private mediator, you can do that on your own at any time. You should ask people you trust for recommendations or look online for a well-qualified mediator to help you reach an agreement and then put it in writing and file it with the court so that it will be legally enforceable. Most Judges agree that mediation is the best way to resolve child-related issues, as long as both Parties can mediate in good faith. In California, the law focuses on...