If your court order says you must first try to work things out with the other party and then attempt mediation before filing anything in court, does that apply to filing for contempt? Could you face consequences or even get a ‘talking-to’ for skipping mediation first? For context, the father filed for contempt because the mother withheld the child due to SA (sexual abuse) concerns.
In my experience, if an order requires mediation before filing in court, and the party didn’t follow through on mediation first, the court might strike the motion and tell them to mediate before proceeding.
@RossetteMartins
So would the other side have to request the court to strike the motion, or could the court just decide on its own?
Eli said:
@RossetteMartins
So would the other side have to request the court to strike the motion, or could the court just decide on its own?
The court has the discretion to strike the motion on its own, but it’s common for the other side’s attorney to prompt the court to take that step.
Mediation is for working out a new agreement, while contempt is meant to address someone not following the existing order. You might want to file for both contempt and mediation simultaneously.