If my spouse does not show up to a custody mediation, what happens? Will court dates remain in place?

Asked almost 4 years ago - Los Angeles, CA

I suspect my spouse may not show up at the custody mediation. I'm concerned that it may end up affecting our court date. So far, they have been very unresponsive to the divorce process. I asked for discovery and received no response (on time). I am filing for a motion to compel, but we have been ordered to child mediation for our two children next week. We also have a court date next month.

The mediation is at the downtown courthouse in LA , and the court hearing is in Burbank.

Attorney answers (3)

  1. Naomi T Stal

    Contributor Level 11

    Answered . Family law is a miniature world unto itself. Without knowing which courthouse you are working in, the general rule is that the court date will stand. If your ex shows up, the judge may order you down to mediation before hearing your case, but that depends on the judge and the court.

    Try calling the ADR office, or stopping in at the courthouse for any further questions. Central Courthouse is Room 113, the number is (213)633-5115. this link is the contact information for all other courthouses' ADR offices in Los Angeles County

    http://www.lasuperiorcourt.org/adr/UI/index.aspx

    If you found this helpful, please check the "helpful" box. Thanks!

    Disclaimer: the information above is for general purposes only and does not create an attorney client relationship. For legal advice, contact an attorney. www.naomistal.com

  2. Richard Forrest Gould-Saltman

    Contributor Level 19

    Answered . If your spouse doesn't show up for a custody mediation appointment, the judge will probably send you and your spouse to mediation on the morning of your hearing, and hold the hearing until later in the day. You should still be prepared for the hearing anyway.

    You may want to speak to an experienced attorney so that you have some guidance in dealing with the remaining issues in your case.

  3. Daniel O'Brien

    Pro

    Contributor Level 12

    Answered . A California-licensed attorney will know best. But if the mediation is not required by statute, then the court date may stay in place, depending on the purpose of that hearing. If it is a final hearing, then I would expect it to be postponed, especially if you claim to need information through discovery to determine custody issues or a division of assets.

    If she fails to appear at the court-ordered mediation, then you may have grounds to file a motion for contempt and recover some costs associated with the mediation. It may also disengender your spouse with the court. If in doubt, and not represented by counsel, you can ask the court's coordinator what the court usually does. Most courts will want a mediation to take place first to alleviate their docket. Do not, however, communicate with the judge directly.

    This discussion is for informational purposes only and is not intended as legal advice. This discussion does not create an attorney-client relationship.

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