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EX REFUSING MEDIATI...
 
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[Solved] EX REFUSING MEDIATION......WHAT NEXT?

 
(@amj9143)
Eminent Member Registered

my ex has a rule that my son isn't allowed to my house because she doesn't want him to meet my partner (who I have been with over a year and I live with) however I asked yesterday if I could take him back to mine and got the reply 'do what you want'

I took him back, my partner was there, and it couldn't have gone any better! I was so happy with how my son got on with my partner. however I received a text message later that evening stating that because I have introduced my new partner she is going to refuse mediation because 'I don't listen to her anyway so whats the point' Can I now take this to court? I had already paid and attended mediation but she is going to cancel her appointment and get her solicitor to write a letter stating why. but she seems to think that because she hasn't stopped me seeing him altogether that court wont help me, I have received texts like 'what are you actually taking me to court for, you see your son don't you' etc etc but surely I can go to court to get something in writing and something stable?

she changes the amount of hours I am allowed to see him and on Saturday (2days before her mediation appointment) announced that I am now allowed him for 8 hours on a sunday as long as I take him 'out' and not near 'her' (my partner) so apparently i have to drag a 4yr old round attractions for 8hours, and im not allowed to take him for his tea through the week either because it 'isn't a good time for her' will the court help draw something up so she wont have the control anymore?

please help!

Quote
Topic starter Posted : 19/05/2014 11:13 am
(@diamond72)
Eminent Member Registered

you can now go to court and they will want to know what happened at mediation and she will have to have a decent reason as to why she has stopped mediation.
her solicitor may advise her to go back to mediation as it always looks better to have had a shot at it and if you cannot agree then to go to court.

she also will have to provide a valid reason for not wanting your son to have contact with your partner other than 'i dont like her', otherwise she just looks petty as you do live with this person.

Keep your argument basic, your requests simple and be open to negotiation and compromise.

We have already been at this point and the judge basically told her to wise up and as long as you are spending 'quality time' with your child then the time should be granted.

Good luck!

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Posted : 19/05/2014 1:21 pm
amj9143 and amj9143 reacted
(@amj9143)
Eminent Member Registered

Thankyou for the reply. She has said that she is sure my partner is lovely but she doesn't see why she should be involved - she has kind of tripped herself up saying that!

thankyou very much for the reply, just needed to know I wasn't going crazy and wasting my time if I take it to court.

ReplyQuote
Topic starter Posted : 19/05/2014 2:02 pm
(@Nannyjane)
Illustrious Member Registered

Hi there

Have a word with the mediator and let them know what has happened and that she has said she will not attend the session. The mediator will want to give her a chance to keep the appointment I would think, but once it's clear that she is refusing to attend then he will issue you with paperwork that you need to apply to court.

Good luck

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Posted : 19/05/2014 2:12 pm
amj9143 and amj9143 reacted
(@amj9143)
Eminent Member Registered

she has said that she will get her solicitor to write up a letter stating that she will not be attending as 'she doesn't see the point' so I suppose that would back up my case. although I think if her solicitor has any sense he will advise her to attend.

thankyou so much for the advice

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Topic starter Posted : 19/05/2014 2:40 pm
(@mr-slim)
Famed Member Registered

My ex done the same mate and refused, just wait until she writes and say's theres no point in her attending or make an appointment and if she doesn't turn up you can get the mediator to issue you with a FM1 form then you can apply to the courts, It will cost you the price of 1 session around Β£100 and you sit and listen to a mediator on your own for an hour then they will issue the FM1 I'd use that hour to drag as much info out of the mediator as you can.

Good luck

Slim πŸ™‚

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Posted : 19/05/2014 8:41 pm
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