alternative dispute resolution, parenting plan in MN
Burnsville (MN).
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Posted 3 months ago in Child Custody, Mediation.
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Dispute Resolution in parenting plans:
My ex and I have been divorced for 7 years and have a parenting plan as part of our custody arrangment (which is pretty equal). While we both tend to get along well - most times - and even share holidays and events, there can be instances where disagreements and hostility arise. As part of our parenting plan, we outlined dispute resolution steps that would include first, joint counseleing, then mediation if further steps were warrented. I have tried to initiate this several times with my exhusband, but he refuses to go. Now, he is again threatening to go to court to fight for full custody. While I don't fear a loss of shared custody, I do fear the pain of going through another court battle on our family.
What weight does dispute resolution terms hold in a parenting plan if I am brought back in front of a judge by him. Can I request that we be sent back to the steps identified in this plan first, or is it that he can simply file for a hearing whenever he likes? - Is this your question? Add additional information Answers (1)
Carl Jason Mitchell Arnold
2 of 2 users found this helpful.
Posted 3 months ago.
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Many times, dispute resolution language in court orders limits which types of disputes must go through alternative dispute resolution before going to court, so you'll want to read that language carefully. Also, judges are typically not interested in handling parenting schedule disputes if they don't have to and many times they will gladly rely on dispute resolution provisions to kick cases out of court and back into alternative dispute resolution before they will hear the case. Sometimes judges will make the moving party pay a small amount of attorney fees to the other side as punishment for not attempting alternative dispute resolution before coming to court. You might go to court to request that the other parent be specifically ordered to attend alternative dispute resolution, if he doesn't respond to your requests. Be sure to make your requests to him in writing. You will of course want to talk over the details of your specific court order and circumstances with an experienced family law lawyer. I hope this helps.
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