[Solved] Enforcement Order placed now ex wants mediation?

Hi

Assuming you already have a child arrangements order in place and it carries the warning from the courts, and you have reasons for the application such as a breach, my advise would be to continue with the enforcement order and not do mediation. A Judge would have made the order in the best interests of the children and the time they should spend with you, why should your child/children lose time with their dad.

I agree. The worst that can happen is that the court insist you try mediation, but you can point out that she has refused this in the past and only agree once you asked to court, so the chance of success are remote, residuary since she is breaching a court order.

The problem is we both made a joint agreement in court the judge did not have the final say

I would say that the judge did have the final day by signing of on the order - they have the option not to do so even when it's a joint agreement, though there would have to be a good reason for doing so. The fact is that she has still breached.

The court are pro the parties reaching agreement together, the thinking is that they're more likely to stick to it.

As mediation isn't mandatory before an enforcement application, I'm not sure what she is hoping to achieve...you are not negotiating, you're asking for the existing order to be adhered to. I very much doubt that the court will expect mediation to take place.

You don't have to give way with anything, that has already been decided and made into an order. It is for her to answer to the fact that she has breached what was decided and ordered upon.

If the ex has a solicitor, I would write a very brief letter stating that there is nothing to mediate as the application concerns enforcing the existing order, which has been breached.

If she doesn't have a solicitor then I would just remind her in writing that there isn't a negotiating position as far as the existing order is concerned and you would hope that she is prepared to give assurances to the court that no such breaches will happen in the future.

All the best

Absolutely agree with everything said above. There isn't really anything to mediate if she has breached and you're seeking enforcement.

Thanks all for your help. The problem is she's saying that I'm feeding my youngest girl food that she's allergic to and also smoking in front of them and it all rubbish I'm just worried that my ex is going to try get me back in the contact Center again! Could this possibly happen?

Best Regards

...it highly unlikely that could happen. Stick to your guns and deal with her allegations in court.

Well i've been to cpurt today to submit my enforcement application, just want to say, anyone thinking of doing this or needs help with it I was helped by the personal support unit (PSU). Very good service and very helpful. I would recommend to others if you need support or information.

Gorby - just stick to your guns .If she raises allegations, deal with them at the hearing. Keep your position statement brief for the first hearing - just how and when she has breached the order, the reasons she has given for breaching and if they are just about her allegations, then you can say that you vehemently deny those & want the order enforcing. Highly unlikely you would end up back in a contact centre.