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My ex-partner has refused to attend mediation but is now aware that I have sent the forms C100 to proceed with court case regarding child arrangements order. I attended an individual meeting with the mediator so have a signed document from them to evidence this which has been sent along with the rest of the C100 document via my solicitor.
My ex-partner is now 2 weeks after time period to attend mediation elapsed, saying she was too busy and would now like to attend.
I have now paid a solicitor up front payment for pending court case potentially due to take place in about approximately 2 months time.
Q. Should I cancel this application and ask for a refund and attend mediation with/after my ex-partner attends her individual session?...... or go ahead as planned saying she had her chance but failed to attend and go to court anyway?
Hi there
It's quite possible to carry on with mediation whilst waiting for your first hearing, if you reach agreement you can then ask the court to put your agreement into a consent order, which will make it legally binding....any agreement reached in mediation isn't legally binding.
She may have changed her mind, thinking that you will withdraw your application...she could then start playing you about all over again!
By stating the court application stands but you are willing to negotiate, you are sending her a firm message. At least you can then attend mediation knowing you have the process in motion as a fall back position should mediation fail. It may give you some leverage as far as what you are able to negotiate in terms of the level of contact you want....stick to your guns!
Thanks Mojo - Much appreciated!!!!
Hi There,
.
I agree with Mojo, keep going with the application, and see if she turns up at mediation, she may be using it to stall and may not, so at least you have court in place ready, and as already said, if you can agree then the courts can make it legally binding.
.
GTTS
I agree with what has been said she could of clicked on that she can drag things out for longer and carry on messing you about exactly as my ex did, crack on with court and agree to mediation too π
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