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When mediation is d...
 
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[Solved] When mediation is deemed unsuitable

 
(@Banach)
New Member Registered

quick question...

If my ex insisted on mediation and I complied only to be told that mediation was unsuitable would my only option be a court order (my ex has stopped all communication . I do still see my daughter, but all contact is arranged through my daughter, who is 10 via text messages and more times than not cancels at the last minute.. because.. well.. she's 10 and her mother arranges for her to do another things)

much appreciative of advice

Quote
Topic starter Posted : 28/03/2017 1:14 am
 Yoda
(@yoda)
Famed Member

With things as they are, I would advise initiating mediation yourself. If the mother refuses to attend or attends but won't agree, then yes, the only option left is a court order.

The court would take a very dim view of your daughter having to facilitate your contact. At 10 years old, whilst her wishes and feelings would carry weight in court proceedings, she should not have the responsibility of making the arrangements or choosing when she has contact because the parents won't or can't communicate.

Have you tried writing a formal letter or email to the mother to try and resolve this and leave your daughter out of it?

ReplyQuote
Posted : 28/03/2017 11:05 am
Banach and Banach reacted
(@Banach)
New Member Registered

so.. tried to contact my daughters mother.. which is now only possible through her current partner.. and looks like I'll be expecting a letter from a solicitor.. and that was the last thing said.. what could I be expecting here?

ReplyQuote
Topic starter Posted : 28/03/2017 7:32 pm
 Mojo
(@Mojo)
Illustrious Member Registered

...if the mediator has said that mediation is unsuitable you could approach the mediator and ask them to sign the C100 form to enable you to make an application to court, I believe there's a charge for this....give the mediator a call and see what they say.

I completely agree with Yoda, your daughter should not be the one arranging contact! At least with a Child Arrangements Order in place, you would have a defined schedule of contact and both you and your daughter would have specific time to spend together. The mother would need to comply with this and stop making arrangements during your time, otherwise you could take her back to court to have the order enforced.

I guess you'll find out soon enough, her solicitor should contact you in writing if she is intending to take any kind of action....I don't see what unless it's some kind of injunction to stop you contacting her. It might be a bluff... it shouldn't stop you from moving forward by contacting the mediator and getting the ball rolling with an application.

Best of luck

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Posted : 29/03/2017 9:50 pm
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