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What is the penalty for witholding a summons?

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  • Today was a mix of relief and irritation. Mosty irritation. Pending Freakmil signing off on the deal, my daughter will have sole legal custody and is the residential parent. Yup that's right. Freakmil has to sign off on it or we go back to court. How is it that she was excluded from mediation yet SHE has to sign off on it? Basically, she has 14 days to object to the agreement. If she does, we have another pretrial (the 4th pretrial) and set a day for trial. If she doesn't, the mediated agreement stands.

    You know, I don't know details, but somehow MIL got herself in the mix of things and that's probably why.

    The mediator wouldn't agree to having Loser retested for drugs unless he agreed. He didn't agree. (hummmmm) Wouldn't agree to have him reimburse the cost of drug and paternity testing. Wouldn't allow my daughter and GS1 to get new SSN's (we wanted that because of Freakmil's felony conviction for identity theft). Wouldn't order the return of my daughter's personal papers or jewelry.

    The Mediator CAN'T impose anything -- a mediator's function is to get the two parties to TALK and come to an agreement. PERIOD. So if Loser doesn't want to agree to this and daughter can't convince him to agree, it stays out. A mediator is not a judge who can force something. A mediator has no authority to authorize new SSNs. Heck, my EX's have used my SSN and created debt, I contacted the Social Security office and said "Can I change mine?" And they said NOPE -- the only time they do something like that is when during identify theft. SO -- get used to the fact that vindictive people have her SSN and the child's SSN. Put a fraud alert on her and the child with all three credit companies. AND annually, get a hold of the to double check your records.

    Those, along with Freakmil withdrawing from the case, were supposed to be the requirements (most of them anyway) to proceed to the mediation of the parenting agreement.

    Parenting agreement; Spotty, crappy work on the part of the mediator. She even forgot to include Thanksgiving holiday. Nothing to stop him from screwing around with the pick up/drop off times. No penalties for leaving her waiting. (or me from waiting as she works) Mothers Day, Father's Day, and the children's birthdays are not addressed. No provisions that when there is extended parenting time, the other parent is told where they can be reached or where they are going. Nothing about what will happen if the kids are sick. Nothing about being allowed to call the kids if they are gone for extended parenting time. Nothing about use of alcohol or drugs during or before a visitation. No repercussions for not notifying CS if he changes jobs. No right of first refusal. Nothing about what would happen if he doesn't provide her with his insurance information or even providing the information.

    You have some valid concerns, but some can't be included even into a mediated agreement. Penalties come to mind. FOUR (flippin') divorces experienced in the past, and never could we get a judge to include penalties in the order....we always had to file contempt to get penalties assessed.

    Ohio had original jurisdiction for one of the divorces we dealt with and I'll admit, I didn't like how they handled things either. Two attorney's would go in and talk to the judge and out come with decisions. I was like "WHAT?" How come you didn't get to talk to the judge?" So I totally agree with you on that. Jurisdiction was in Greene County, and Judge Shattuck presided. But sometimes, it was decided at the Magistrate's level too. Later I found something in Cincinnatti that said Judge Shattuck was under investigation for something-- and I chuckled.

    Good luck to your daughter and yourself!


    • Update:

      My daughter and Loser met for a settlement conference at Freakmil's attorney's office. It really was unbelievable. With barely skimming the first page, Loser said "fine, I agree, where do I sign". My daughter, her attorney, and I are all in shock. My daughter said "I could have put anything in there and he wouldn't have known it." We still need Freakmil to sign off on it. That was the end of May.

      On June 2, Freakmil and her boyfriend moved to California "for 6 to 9 months". That very next weekend, Loser calls in "too sick" to take the boys for visitation. So I guess it starts. Don't know how we're supposed to proceed with her moving to CA. Don't know if she'll sign off on the deal if Loser keeps blowing off his visitation.

      When my daughter picked up the boys after their father's day visit (that Loser's grandfather had to make Loser participate in), he started bragging about the Expedition he just got and the motorcycle he just ordered and she went off on him. She asked how he was going to enjoy his toys while having a suspended drivers license or sitting in jail for non-payment of support as so far, for both the boys, she has received a grand total of $31.32 in child support since December and he was already more than 2k behind. The county has suspended his license indefinitely until his arrears are caught up. Of course he denied all and suggested the CSEA was pocketing the money "cause it sure is coming out of his check and he makes sure it's sent in". ??? Why would they take it out of his check and give it to him to send in? lol That's not even a good lie! lol
      Don't listen to a word I say because ya know I've gotta be crazy to be a Brown's fan.