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  1. #1
    Join Date
    Jan 2008
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    Default Visitation Increase Hearing - What to Expect

    My question involves a child custody case from the State of: CALIFORNIA

    OK, I have filed a motion to increase my visitation with my child. We have attended the court mediation hearing.

    My question is this - what is really going to happen before the judge at the scheduled hearing? Is the hearing the end of it, or can the other party insist on a trial at a later date ? (effectively disagreeing with the court mediator's suggestions?)

    Thanks for any information...

  2. #2
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    Default Re: Visitation Increase Hearing - What to Expect

    If you are unable to come to a mediated result, and the judge has to rule on the dispute, then you'll get a ruling from the judge. If you agree on an outcome at mediation, then the judge will enter an order consistent with your mediated agreement.

    I suppose there could be a circumstance where the mediator brings the parties to an agreement that isn't consistent with California law, such that the judge cannot abide by the agreement; but I think that's exceptionally unlikely.

  3. #3
    Join Date
    Jan 2008
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    21

    Default Re: Visitation Increase Hearing - What to Expect

    Quote Quoting Mr. Knowitall
    View Post
    If you are unable to come to a mediated result, and the judge has to rule on the dispute, then you'll get a ruling from the judge. If you agree on an outcome at mediation, then the judge will enter an order consistent with your mediated agreement.

    I suppose there could be a circumstance where the mediator brings the parties to an agreement that isn't consistent with California law, such that the judge cannot abide by the agreement; but I think that's exceptionally unlikely.
    Follow-up question: I filed a relatively simple request to increase my visitation, and the mediation went well for me. The CP, however, just filed her response to my motion, and has thrown in an unbelievable number of false allegations. It is too late for me to file an answer to those at this point. How can I defend myself against false allegations that I did not see were coming, without going to trial to cross-examine?

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