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We just received notice that we are scheduled for mediation in December. Has anyone been through this in Texas? If so, what can we except?
From my experience with mediation, they ask the bparents to give up their rights willingly in exchange for photos, letters and sometimes visits with their children. They try to do this to avoid going to court and having to terminate the parents' rights. It's more trouble to have to do that. In my son's case, the parents were advised that they had a 98% chance of losing in court and that would mean they would never know/see their son ever again. They opted to do mediation where I agreed to photos, letters and 4 visits a year. It's not always the case but these parents were not dangerous so I agreed.
I didn't think I would actually be involved in the process but was called to the mediation hearing in the middle of the day and asked to speak with the parents.
It depends upon the case whether the bparents want to fight or just give in...
Good Luck!
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Thank you! Do you know who usually ask for the mediation? Is this the children's attorney, the CW or the parent's attorney? The biological parents are very young in our case, so I'm interested to know who suggested doing this? We had court last week and the CASA mentioned this to me. I have yet to receive anything regarding this whole thing.
I would be very careful of agreeing to anything that is binding beyond a simple "we will try to do such and such as long we feel, with no need for explaining to anyone either way, that it is in the child's best interest."
An agency that tells you that if you don't agree you will lose your child to someone who will should be reported in open court to the judge who, it is hoped, will care enough about the child, ethics and the integrity of the system to do something about it. Unfortunately, more and more it seems to be judges who are ordering a try at mediation....
Personally, I really don't like this trend at all. I consider it a cheap out for the state that borders on child selling. It is quid pro quo for a child, binding parents and children, often inexperienced parents who have no idea how family life runs and evolves or how promises of openness and contact can derail their ability to parent appropriately and safely, in what can turn out to be very harmful ways to unstable third parties for the tenure of the kids' childhoods. If it is a real promise, it is, I feel, a sin against the children and violation of their rights. If it is not a real promise, it is defrauding the birthparents. I just don't see any value in this at all for anyone other than a budget-minded state gov't.
It also makes the adoptive parents a party to terminating the parents' rights and sets them up to be legal adversaries in the future as long as one owes something legally to the other. Think about the implications of that long term....
We've just went through 2 weeks of mediation because the courts decided to give our little girl whom we've had for 4 years to her mother. They wanted to "transition" her back. After 3-1/2 years of not knowing this woman the courts decide to give her back. Last night was our last "visit" with her. Our hearts hurt so much. What's bad is that she
s moving to another state. The cw told her that she was her mommy so she calls her that-she doesnt know her-I'm the only mommy she knows but everyone says that she's smart and she knows-hello-yes shes smart but shes only 4-noone cared for this child and now shes going to live with people she doesnt know-We just pray for a miracle to happen
Is it normal for them to send a case to mediation, if they are planning to reunify? As is stands we are being told the children are going to be reunified with mom, but I think they have major concerns about stability and safety.
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In some places the judge requires mediation before a trial. There were 2 mediations for 2 of my foster children and in the end they went home. sometimes it just seems like its a chance for all parties to agree on terms without the presence of a judge.