What happens if a judge requires both parties in a chils custody case to go to mediation but one of the parents doesn’t agree and won’t mediate at all?
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What happens if a judge requires both parties in a chils custody case to go to mediation but one of the parents doesn’t agree and won’t mediate at all?
Can an emergency hearing be requested then? The reason I ask is because my ex-girlfriend took my child away from me about a year ago; soon after that I served her with custody papers. Her attorneys have kept putting things off and I just want to see my daughter.
Asked on September 20, 2012 under Family Law, Georgia
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You need to file a motion to enforce the mediation and make an alternative request that the case be set for a final hearing. The speed of the setting on your motion will depend on the court docket of the judge. It will talk longer if the judge carries a lot of cases; and, conversely, will go quickly if he has an efficiently run docket. Regardless, the sooner you advise the court of her refusal, then sooner you can get your cases moving and resolved.
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