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Do I have to ask for another mediation session after my ex was held in contempt of court for not showing for the first one?

River Falls, WI |

I have 50/50 custody of my daughter, and I am wanting primary placement of her. I filed with the courts for mediation and my ex did not show. She then had a court date for not attending mediation, however, if she paid the missed "mediation fee" then court would be canceled. Well she ended up not showing up to court either, so they gave her one last chance to appear in court and tell the judge why he should not hold her in contempt. They ended up getting a hold of her and she paid the fee so court was canceled. They are now telling me that to receive another mediation date, I have to send a letter to them and copy my ex stating that I would like to proceed. We also have to pay for mediation before hand. Can I ask for a hearing and not go through the process of attempting mediation again?

Attorney Answers 3

  1. Best answer

    Every county is different and has their own rules and procedures. In some counties, you would be allowed to go forward without mediation. Obviously, in your county, they are telling you that you still must do mediation. Your best bet is to consult with an attorney in your area to find out how things work and what your options are. Even if you go forward, her lack of cooperation will most likely reflect badly on her and well on you in terms of a final decision so as frustrating as this might be, it may help you in the end for your custody case. Good luck to you.

  2. I am assuming you are proceeding ProSe. If you are, then mediation is your best bet to get an agreement in writing and get this all behind you. I would ask for another appointment. If you don't get an agreement you can live with then you can always walk away.

  3. I agree. It depends on local rules, but it's always best to start with mediation anyway.

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