Q: Does one of us need to request to cancel hearing? Or do we need to appear? What will happen if the hearing goes forward?
My ex filed a motion to modify custody. I opposed. Mediation was ordered. We agreed on one son, but not the other. The hearing was set for July 25 @ 2:15pm. Since then, we were able to reach an agreement: we agreed to keep our original custody and modify to reflect my move to Australia with both children. My ex withdrew his motions to modify and submitted our new agreement, asking that it is added to our original parenting plan. The hearing was not cancelled.
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A: It's hard to know what would happen if you fail to attend the hearing. If you want to make sure the agreement is accepted by the court and turned into an updated custody order, you need to attend. If you are comfortable just relying on the agreement without getting the order changed, then you should get the hearing cancelled. Court time is a scarce resource these days. If you want to get the order changed, but can't be in town on the day the hearing is scheduled, you should ask the court to allow you to appear by phone. No good can come from failing to show up for a scheduled hearing.
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