Q: What impact does a mother's admission of violating custody have on contempt proceedings and following a mediator’s recommendation?

A: Of course you have to introduce evidence at the hearing. Further, that evidence should be included in your moving papers with a supporting declaration to lay its foundation. Whatever happens in mediation is confidential. Nothing that is said in mediation is admissible in court. Given the circumstances, at least as you claim they are, I'm a bit surprised the mediator suggested so much time with Mom and that she/he suggested shared legal custody. Seems to me that Mom's time should be monitored and for the time being, she should not partake in any decisions that fall under the rubric of legal custody. The school attendance records can be used as an exhibit showing that Mom took the child out of school for 2 months. That's not only evidence of her violation of the custody orders, but also evidence of her disregard of the best interests of the child. The police report is hearsay unless the officer who wrote the report testifies to its authenticity. Yes, you can use text messages as evidence.

A: Given your circumstances, your son's mother's admission during mediation significantly strengthens your position in the contempt proceedings. Courts generally view admissions made during mediation as credible, especially when backed by clear evidence like school attendance records, police reports, and explicit communication such as text messages. Her acknowledgment of violating the custody order directly demonstrates her willful disregard for court authority, making it highly probable the court will hold her in contempt.

Judges often place considerable weight on mediator recommendations, particularly when these suggestions align with documented facts and evidence. Since the mediator strongly recommended granting you primary physical custody, citing instability and repeated disregard for court orders, the court will likely consider this recommendation seriously. Additionally, the mediator's proposal for visitation terms offers a balanced arrangement, addressing the mother's rights while prioritizing your son's well-being.

While the court isn't required to follow the mediator's recommendation exactly, your substantial evidence and her explicit admission create a persuasive case. Therefore, you can reasonably expect the court to align closely with the mediator's proposed custody and visitation arrangements. Ensure that your presentation in court remains calm, fact-based, and child-focused, as this further reinforces the impression that granting you custody serves your son's best interests.