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Advice needed

 
(@glasgow123)
Active Member Registered

Hi,

I am a father with 3 children (eldest is 10 years old).

I have a court order from a few years ago providing nearly 50/50 care. Have been back to court a number of times because of breaches from the other parent.

I submitted a C79 a few months ago for another breach. The other parent then submitted a C79 to vary the order now the eldest is nearly 11 as she thinks the children want to spend more time with her.

So there's a directional hearing next week. When she disagrees with the alleged breach, and I disagree with the variation, I've been advised the court will then seek the views of the children. This apparently will be through mediation.

My question is, do I have to agree to mediation or can I say no? I am very nervous about having to be in the same room as the other parent. I thought I would have the choice to say no but I may be wrong. Any advice on this in the next few days would be really helpful. 

Thanks

Quote
Topic starter Posted : 27/08/2023 2:29 pm
(@dadmod2)
Illustrious Member

Hi,

Courts are pressing parents more to try resolve issues through mediation. So better if you try. Ignoring and refusing would look bad on you and you would appear to be the unreasonable one.

ReplyQuote
Posted : 27/08/2023 7:53 pm
(@glasgow123)
Active Member Registered

@bill337 thanks so much for the quick response.

I am really concerned. 
The other parent is very manipulative.

I have navigated myself through the court system over the last 5 years where I have avoided situations where she can manipulate (eg me using a barrister etc).

I now find myself in a situation where I have no choice but to be in the same room and be manipulated by her. It doesn’t seem right.

In the hearing I have to say no to mediation because I can’t do it. I will look like the unreasonable one and I have done nothing wrong!

ReplyQuote
Topic starter Posted : 28/08/2023 4:53 am
(@dadmod4)
Illustrious Member

@glasgow123 I would contact the mediation company and tell them you don't want to be in the same room, this is quite possible (known as shuttle mediation) so that may make it easier for you.

ReplyQuote
Posted : 28/08/2023 12:36 pm
(@glasgow123)
Active Member Registered

@actd that’s really useful, thanks.

ReplyQuote
Topic starter Posted : 28/08/2023 12:40 pm
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