We went to first mediation for child custody. My ex wife got there before me. She was clearly on some kinda drug.i went to check in and my girlfriend sat. Down. My ex walks up to us and threatens to "stab my girlfriend in the neck with a pen" and attacks her. My ex gets arrested.
Lol. Well, nothing good will come of it that's for sure. I've never heard of a parent being arrested in the mediation waiting room in my 12+-years practicing family law. If she shows up at the next custody/visitation hearing the Court will probably send you two back to mediation since she didn't participate in it due to being in jail. I'm pretty confident that the news of her arrest inside the mediation waiting room has already spread to all of the family law judges and staff in that courthouse.
Please be advised this response is being provided for informational purposes only. It is not meant or intended to be relied upon as legal advice.
The respective of when or where your ex spouse was arrested for assault, but will have some bearing on the issues of custody and timeshare. If I were the judge sitting in this matter, I would order monitored visitation.
Frankly, I would expect mediation to be excused under the circumstances. Neither the parties nor the mediator should be subjected to threats of violence during the process or at any time in the court process either. My cleaning would be to rule on the matter without mediation given this peculiar scenario. That said, each judge has his or her own preferences and it may depend on whether or not you are in a reporting County.
Your ex saying that she was going to stab our woman in the neck with a pen would show that it is not in the best interest(s) of your minor child or minor children involved that he, she, or they not be around your ex...
But it is on you to argue that and focus on what is in the best interest(s) of your minor child or minor children involved...
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline