Question:
Does it make a difference where your divorce took place when it comes to choosing the location for the mediation process?
Answer:
While I am not licensed to practice law in your state and am unable to give you legal advice, I can give you some general observations on this issue based on the jurisdiction where I practice.
Where I do practice in Virginia, mediation can be done at any convenient location for the parties. The reason for this is that any agreement made during the mediation process is simply a contract between the two parties and you can enter into a contract wherever you like.
The same is not true when it comes to enforcing the agreement entered into during mediation. In order for a court to enforce the agreement it must have jurisdiction over the parties.
Most mediated agreements will contain a choice of venue clause which will tell the parties what court they must use if court action is necessary. If the agreement does not contain a choice of venue clause then it is of upmost importance to proceed in a court that has jurisdiction over the other party or over the subject matter (your children).
All issues regarding child custody and divorce, especially those involving mediated agreements and jurisdiction, are extremely fact-specific and require a specialized knowledge of local law. For these reasons I would suggest you contact an attorney who specializes in family law matters in your jurisdiction.
Remember, I am unable to provide you with anything more than tips on divorce and custody matters, so please contact an attorney in your jurisdiction to obtain specific advice as to the laws of your state and how they impact your case.
To arrange an initial consultation to discuss child custody rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.
