Currently going through a custody dispute and was uneasy with the agreement reached during mediation. Wondering how to address the court during the hearing and request that the matter be held over for trial? Is this possible? Benefits and drawbacks?
Assuming your mediation agreement was not formalized as an order, and you have a mediation review hearing coming up, you should just be able to tell the judge that you are not comfortable with the agreement reached. The judge may send you back to mediation, or may set you for trial. With custody disputes in particular, it is usually best to work things out in mediation since the parents and the mediator will have the most knowledge about what is best for the child. Parents are typically more satisfied with agreements made amongst themselves in mediation than orders enforced by a judge.
This response is informational only and is based only on the information provided in the question. These matters are very fact-specific, and the response may change based on the specific facts of your case. This response does not create an attorney-client relationship or any continuing to duty to provide legal advice. If you require further assistance, plase contact an attorney at once.
The way you said it in your question is how you would ask for it.
But there are other things you must do before trial, by deadlines. An attorney can help make sure you do them and do them right. And trials are very different from regular hearings: Rules of evidence apply and you WILL need an attorney for that.
And mediator's are usually folowed by a judge. You might want to first consult a family lawyer to see how likely your arguments are to suceed or if better arguments are available to you.
Thomas Neil is a Sacramento attorney, with 20 years experience, representing clients in court in the Bay Area, Sacramento, and surrounding counties. Or, if you cannot afford full representation then, for much less, Mr. Neil can instead write you the forms and declaration you need, and help you serve them, and you go to court by yourself. A well written declaration by an attorney, supported by proper evidence, will GREATLY increase your chances of success in court. Our office takes credit cards.
Thomas A Neil
3224 El Camino Avenue
Sacramento, CA 95821
Sign up to receive a 5-part series of useful information and advice about child custody law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline