Marriage of Jones CA5

BACKGROUND

This appeal arises from marital dissolution and child custody litigation initiated by appellant in 2009. In September 2021, appellant filed a request to modify the then- existing custody and visitation order to grant her sole, rather than joint, legal and physical custody of her and respondent’s children, to respondent’s exclusion. Prior to the April 29, 2022,1 hearing on her request, appellant and respondent participated in mediation with a court-appointed counselor but were unable to resolve their dispute. The counselor issued a summary of his findings. At the April 29 hearing, the court ordered further mediation and instructed the parties to refrain from speaking to the children about the mediation. The parties’ mediation proved unsuccessful. The counselor issued a subsequent recommendation that, in relevant part, the court grant appellant sole legal and physical custody of the children and limit respondent’s visitations with the children to one day per week for a few hours, subject to the children’s wishes to meet with respondent. The counselor indicated that appellant believed the children “should be heard in their request to have no visits with the father.” On…