why no court ordered visitation?

Question

During my divorce and other court proceedings involving child abuse why did the judge have no ordered visitation. He said to mediate on the visits?

The exspouse abused them and yes I thought of this before hand and they said if I couldn't work it out with him then we'd have to continue in court.

Answer 1

They have to investigate the child abuse first.

Answer 2

If you were accused of abusing the children, then the judge would feel that it is not in the kids' best interest to have visitation with you.

Courts tend to use mediation more now. A court approved mediator will serve as a referree, hearing both sides; looking at court documents; looking at abuse allegations and talking to you and your spouse and attorneys about reasonable visitation. The court systems is clogged up enough without having people who are involved in a custody dispute arguing over custody for days when they could be doing it in a mediator's office and freeing up the judge's time and court room for other cases.

You could have your attorney request a guardian ad litem (an attorney who is appointed by the court to determine what is in the best interest of the kids). It would be up to you and your wife to pay the fee for the guardian ad litem.

Answer 3

maybe he thought the 2 of you could resolve this reasonably without having to be ordered to do so - less intervention is really the best thing if possible. However, if you had this concern why didn't you bring it up with your lawyer. Depending on how long ago this happened, if you have concerns maybe you can contact the lawyer or judges office to see what your options are.

Answer 4

Were you the one being accused of the child abuse? If so then this is why he is thinking it over. I personally would find it hard to be liberal with visitation concerning an abuser.

Answer 5

Ask your lawyer.