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Ex-partner did not ...
 
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Ex-partner did not attend mediation, I applied to court and have a court date. Ex-partner has now directed a different mediation company to make contact with me after I have received the date. Where do I stand?

 
(@fibre-herd)
New Member Registered

Hello,

My query relates to the family court for child arrangement, both parties live in England.

I arranged mediation and attended a MIAM and my ex-partner was provided with 2 weeks ability to make contact to arrange to go in.

She didn't attend and cited her reason to me being that she didn't have the money to do so. I am aware she has around £1000 in savings, has recently obtained a new car on PCP and her mother is retired and regularly provides funds to support her. She works in a well-paid, stable role where she earns around £2200-£2500 per month (I don't know the exact figure).

I paid shy of ~£150 I think from memory without looking at my bank statement. I used  https://www.nfm.org.uk/  (National Family Mediation). Whom are also part of the family court voucher scheme which would have eased funds.

With my MIAM form I applied to the family courts and received a court date in the near future along with a CAFCASS meeting date prior to that.

My ex-partner has now reached out to a separate mediation company whom have written to me asking if I want to attend mediation. I feel this is a tactic of some kind to try and make her position look better.

My child is just over a year old, I am seeking 50/50 and can evidence significant involvement in my child's life up until recently when my ex has not stopped contact. I have the ability to change my work rota to a stable pattern that affords for 50/50. I'm currently back in my mothers home where I can provide a room for my child, safe home in a good area to grow up and my mum and sister whom also both work want to take an active role in being in my child's life. Amongst other factors I am in a reputable job that can demonstrate a very good standing in society. I have relentlessly tried to try every avenue before court which I can evidence, but my ex has refused to engage.

What are my options?

Quote
Topic starter Posted : 27/07/2024 3:24 pm
(@dadmod2)
Illustrious Member

hi,

hopefully you can explain at court why mediation was waste of time and court can progress with case.

I think its unlikely they will give 50/50 due to to childs age. Think you should self represent, or looking at legal fees of £15,000+

ReplyQuote
Posted : 27/07/2024 4:57 pm
(@fibre-herd)
New Member Registered

@bill337 Why is a court unlikely to give 50/50?

ReplyQuote
Topic starter Posted : 27/07/2024 5:20 pm
(@info4dads)
New Member Registered

I think you have two options and I list them below:

1. Refuse to attend mediation with the other mediation firm and continue with the court application. If you decide to do this, there might be a case the family judge will send you back to mediation at the first court hearing and adjourn the case until there is an outcome from mediation. If you decline the invitation, you might also be liable for financial remedy if the other person applies for that, it all depends if the other person has good solicitors.
2. Attend mediation whilst waiting for the first court hearing. I guess it might be important to get to know if the other person is willing to resolve the matters in mediation and what are they open to offer. Please bear in mind that mediation is a voluntary process so there won't be any legally binding agreements coming from a mediator, however, with the help of a solicitor, you will be able to convert that agreement/parenting plan, into a child arrangements order which can be then followed by both of you. On the contrary, if mediation breaks down, or if some or all matters are not resolved after mediation, you will be already in the queue to proceed with the court hearing and let the judges decide what will happen. Feel free to ask further if needed about mediation, I used to work on the mediation field.
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Posted : 05/08/2024 5:31 pm
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