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  #11 (permalink)  
Old 09-16-2015, 10:25 PM
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OP, even had the judge had your brief to review in advance, from what you have posted you don't appear to have met the requirements of a change of access/custody based on a material change in circumstance.

Sounds like he gave you an opportunity to verbally put forth your position, and your arguments failed. I'm curious, did you seek any preliminary advice from a lawyer(s) with respect to proving material change?
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Old 09-17-2015, 08:14 AM
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Agree that his position may be weak with regards to material change of circumstances. However, it sounds as though the judge did not read his submissions and made a cost award without reviewing anything. Procedurally this would be incorrect?
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  #13 (permalink)  
Old 10-05-2015, 03:38 PM
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I called the mediator/arbitrator to set up appt and he asks for a copy of the judges order. He calls back and says he cannot follow the judges order as it states "mediation/arbitration" and our parenting agreement only states we seek mediation. He asked why the judge sent us back to him because he knows mediation does not work with us. We have attempted unsuccessfully 2 times and the parental agreement states we try mediation and if that does not work then we seek court. That is what I did.
So now I am in a rut. Her lawyer just sent me a copy of the order asking me to accept and sign it. I am representing myself and feel in a rut here with the judicial system.
I am going to email her lawyer and let them know the med/arb is not accepting the judges order and that we need to seek arbitration ourselves or go back to court.
I want to stay out of the courts if possible as my time last month was a nightmare.
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  #14 (permalink)  
Old 10-05-2015, 04:51 PM
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The judges new orders should override any existing order in the parenting agreement. The mediator doesn't have the authority to override the judge's orders, and should they choose to they should be obligated to report that to the judge directly, as well you may seek further direction from the judge.
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