Q: if the intervene in the allocation case does not set a mediation and the case vacats do I have to start all over?
Me and ex husband are now divorced we have allocation of parental responsibility of our nephew. We have made a parenting plan however his sister (bio mother) intervened and is asking for full custody however she was suppose to set a medication and has not. Court is in 7 days and the court liaison stated that the hearing will vacate back to the original agreement. I need to know how to make them vacate hers and stay with what me and me ex decided upon
A: More information is need to answer this question. If she is not following through with the order to mediate, the court could vacate the hearing. It might also dismiss her motion. It depends on what the specific mediation order says. If the court just vacates the hearing, but doesn't dismiss any pending motion you could still possibly file a motion to dismiss. Again, more information is needed, particularly as relates to what the specific mediation or case management order says.
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