how long do i have to wait to go back to fcs for modification or to enforce orders made on previous fcs mediation meeting?
San Diego, CA
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Posted 4 months ago in Child Custody
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I went to mediation earlier this year with my ex wife. One of the agreements was that i call my son every night at 6:00 pm for a qick good night. She does not make him available to me. I would say i talk to him 1-2 times a week. I went to my counties fassilitator and was adv to go back to fcs since the specific time was not added on or summaries. I did just that and had her served. She now got an attorney and is suing me for attorney fees. She is saying it is too soon to go back to fcs, only 3 months after and she doesn't want to go back. She is also asking that judje order me not to serve her again unless it is an emergency. Can she do this? She also said she doesn't want me to call my son daily she wants me to call him no more that 3 days a week. wouldn't that require we go back to fcs?
Additional information
I must also mention, she has me blocked from her phone since dec'08 making it impossible for me to contatct her about these issues, which is why i took the rout of the courts. I asked she be ordered to unblock me, and make my son availble to talk to me. Answers (1)Parastoo Kalor
This attorney is licensed in California.
Posted 2 months ago.
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It all depends on whether the mediation agreement was turned into a court order. If it was, then you should have filed police reports every time you called at 6:00 and she would not let you talk to your child as it was a violation of the court order, then you could take her to court for violating the court orders.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. |