Ex is asking for full custody of kids (I have had full custody for the past 10 years). I filed an emergency order and his counsel filed the opposition the day before. It was stricken and orders were granted. Now we have another order hearing and counsel has failed to timely file or serve the opposition (5 days late now). His counsel's firm advised me they wish to file a stipulation instead agreeing to my request in the order. It seems clear no opposition has, once again, been filed. I declined to take hearing off calendar. In the meantime, ex has been put on restricted visitation, ordered into an evaluation, and now after our last mediation, I was told that mediator would recommend no overnights at this hearing. Can a judge dismiss the party's case? Possibly failure to litigate?In addition, as much as I would like to get an iron-clad parenting plan and walk away from this, I still think the evaluation should still go forward. Kids are in therapy. One child diagnosed with chronic depression and both showing symptoms of PTSD per therapist. I don't want to go to trial, but still hoping to find out what has happened to the kids.
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