What happens if a judge requires both parties in a chils custody case to go to mediation but one of the parents doesn’t agree and won’t mediate at all?

Can an emergency hearing be requested then? The reason I ask is because my ex-girlfriend took my child away from me about a year ago; soon after that I served her with custody papers. Her attorneys have kept putting things off and I just want to see my daughter.

Asked on September 20, 2012 under Family Law, Georgia


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to file a motion to enforce the mediation and make an alternative request that the case be set for a final hearing.  The speed of the setting on your motion will depend on the court docket of the judge.  It will talk longer if the judge carries a lot of cases; and, conversely, will go quickly if he has an efficiently run docket.  Regardless, the sooner you advise the court of her refusal, then sooner you can get your cases moving and resolved.

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