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no where mediation or judge? Minnesota

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  • no where mediation or judge? Minnesota

    Mediation is getting no where for my bf. The kids haven't seen the mother in over 6 years, she has bad history of chemical dependancy of which lead to the death of their child, a revocation of probation and lead to 5 years in prison. There is no monitoring of her in regards to drinking or overmedicating. She also claims to have serious medical issues. She lives with her parents in FL, the parents are old, father is bedridden, mother has serious hearing issues and has said she can't drive far from the house. We don't know what condition the home is in either.

    In mediation she demands joint custody, and for the first visit won't agree to anything less then 6 weeks. The mediator himself is trying to hard to push him to agree to visitation even though he has expressed his utter concern for the safety of the children. The mediator is part of family services of which would do the custody eval, but even though ordered by the judge if mediation is unsuccessful, the mediator said they wil not do an eval, becuase she is ill and can't come here to be monitored with the children. The mediator told her lawyer that he was going to recomend at the pretrial tomorrow that he thinks mediation is going well and ask for an extention.

    I think if he then goes to the judge says that he does not feel mediation will result in any agreement, states his concerns about the chemical dependancy history, no way of monitoring her alcohol and drug intake, medical illness that is severe, and that there has been nothing but phone contact for over 6 years. I told him he could show that he is not trying to prevent any visitation by recomending that the first visit be 2-3 days, and IF everthing goes well and there are no issues then visitation can progressively increase. Given the distance visitation should be in the summer and during the christmas break. The boys are both following IEPs for their education goals and is not recomended that they be taken out of school to extend visits. I told him to also ask that if visitation is ordered that he be the one to make the travel arrangments, and that the children are to call everyother day.

    Do you think the judge would agree to the above?
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