Do not attempt to force possession even if it is the fair thing to do. If your spouse fails to abide by the temporary orders they are in contempt, and can be ordered to appear in Court. If they do not appear a bench warrant can be issued, and they will be taken into custody. At their contempt hearing they can be sentenced to jail or can have assets taken to satisfy the Court's orders. Mediation Usually by the time the petition and answer have been filed, temporary orders have been determined, and discovery has been conducted, enough time has passed that both parties can agree on what is fair and can settle their case before additional expenses associated with trial are incurred.
Mediation can be a useful tool in fostering negotiations.
Mediation is a half day or day long negotiation session that is heard by an impartial third party. Even though most mediators are lawyers, you should have a lawyer present because mediators are not permitted to give advice. After mediation if you and your spouse still cannot agree on a fair settlement, you will need to go to trial. This evidence usually consists of witness testimony and physical evidence. You can choose whether your case is heard before a judge and jury, or whether you will waive a jury and allow the judge to make the rulings.