Child Wishing to Change Custody
My children are 14 and 10 and have refused to return to their father. Petition for Sole Custody was filed in 8/1999. Pre-trial praecipe was filed 12/99. Fayette County changed procedures to a mediation process prior to hearing being scheduled. Mediation process never addressed custody. Demand for Hearing was filed 5/2000. Guardian ad litem was appointed and discovery allowed. Mediations continued and still no hearing. Mediation never addressed custody. Children refused in 7/2001 to return to their father and mediator informed us that the custody matter was no longer before her. No motion to withdraw was ever filed and nothing supports her assumption that the custody matter was resolved in the file. Children are again with me and due to go back to dad 8/2001 and have told their attorney they refuse. What should my attorney and their attorney be doing?