QUESTION
HOW CAN MY BROTHER PREPARE AND SUCCEED IN HIS MEDIATION??
Asked on Nov 28th, 2012 on Civil Litigation - California
More details to this question:
HE HAS A MEDIATION MEETING FOR A APPEAL CASE. HIS FUTURE EX WIFE IS APPEALING AND WANTS TO ESTABLISH CHILD's COUNTRY OF HABITUAL RESIDENCE. IN THE TRIAL COURT THE JUDGE DID NOT ESTABLISH THE USA OR MEXICO AS THE CHILD'S HABITUAL RESIDENCE. BUT LET THE CHILD TO CONTINUE TO STAY WITH MY BROTHER.
1 ANSWER
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The child's habitual residence is purely a question of fact. Proving those facts will include showing, if possible, a detailed log with the child's location each night for the six months prior to the commencement of the action, where the child goes to school, where he obtains medical care, etc. Your brother is completely out of his element if he is trying to do this without the services of an attorney. While you are well-intentioned trying to help him with your computer, he needs a lawyer, not a brother with a computer. Help him out by getting him a lawyer now.
Answered on Nov 28th, 2012 at 9:48 AM