Q: Ex refuses mediation and doesn’t think he needs to follow the rules since he is an attorney.
My ex-husband is impossible to coparent with. He is very vindictive and still angry that I left him after he assaulted me. I have been trying to discuss things with him like my son‘s preschool etc. because there are many things that I feel would be in the best interest of our son that he chooses not to address or even talk to me about. His preferred method of communication is harassing me and saying inappropriate things. I have asked him multiple times to go to mediation with me so that we could find some common ground. This option was outlined in our parenting plan as a final option to resolve conflicts. My ex is a family law attorney and practices daily in front of the judge that was assigned to our divorce/custody case. He feels he can do what he wants because he knows I do not have $ to hire an attorney when he represents himself. His normal response when not following the parenting plan is “take me back to court then.” What should I do? (Single teacher mommy)
A: If you cannot convince your ex to act in the way you desire and you believe he is violating the judgment of dissolution or parenting plan, your only viable option is to hire an attorney. Your ex might practice in front of more than one of the judges on the court, but you could have taken an automatic change of judge at the outset of the case or filed a motion to disqualify the judge if the judge indicated an inability to be impartial. Unfortunately, as you must already know, there's no cheap and easy solution to your situation. I wish you the best in these difficult times.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.