Under The Circumstances, The Mediator's Decision To Discuss The Mother's Move-Away Request Was "Understandable".
In family law, disputes are often resolved through mediation. In Alkebulan v. Dunham, D069434 (4/1 7/20/17) (Benke, O'Rourke, Dato) (unpublished), father, who was unrepresented by counsel, felt blind-sided when mother raised the issue of a move-away order with their year-old child at the mediation, and the mediator pursued the issue, recommending that the family court approve the mother's relocation to Texas and provide visitation for the father. The trial court permitted the mother to relocate, and the father argued that the order had to be reversed because he was not given a fair opportunity to opposed the mother's request for a move-away order.
The Court of Appeal noted that the mediation was set in response to the father's earlier request for an order that was filed in response to the mother's earlier statement she was planning to move out of state. Under the circumstances, the mediator's willingness to discuss the issue was "understandable." But even if the mediator made a mistake going forward, the trial court cured the problem by offering to send the parties back to mediation -- an offer the father declined, because he felt the mediator was biased.
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