What is the name of your state?
TX
I want to file to modify visitation (not times/dates, but details of how and when DD gets there). My orders contain a mediation requirement, but ex is stating that he will not mediate. I've got his e-mail to this effect. Last time we were in court, a similar thing happened except that he said he didn't have time to mediate for 3 months (busy guy, especially considering the last time we were in court the judge termed him "purposefully underemployed"), so we went forward and at trial the judge scolded him, but nothing else. I've spoken to two attorneys. One says I need to file a suit to compel him to mediate, the other that once he has refused, I can go ahead and file. The latter position is attractive, because I don't want to waste money on the extra step or really mediation, since the latter never accomplishes anything. Has anyone else been in such a situation? Advice?
TX
I want to file to modify visitation (not times/dates, but details of how and when DD gets there). My orders contain a mediation requirement, but ex is stating that he will not mediate. I've got his e-mail to this effect. Last time we were in court, a similar thing happened except that he said he didn't have time to mediate for 3 months (busy guy, especially considering the last time we were in court the judge termed him "purposefully underemployed"), so we went forward and at trial the judge scolded him, but nothing else. I've spoken to two attorneys. One says I need to file a suit to compel him to mediate, the other that once he has refused, I can go ahead and file. The latter position is attractive, because I don't want to waste money on the extra step or really mediation, since the latter never accomplishes anything. Has anyone else been in such a situation? Advice?
