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he's filed court papers without mediation

9 replies

RalphLaurenLover · 20/04/2014 21:25

Just that really. I offered LO's dad contact in a contact centre and he refused stating he couldn't afford it (yet paid continuously to do up his spare car)

He wanted to attend mediation to see why I "didn't like him" I agreed but stated that I didn't see why as I had offered him contact and he refused I set up my mediation and he refused to communicate with them as due to Domestic and Emotional Abuse it was going to be in completely separate rooms and he refused this.

I received an email today with this attached at the end
"Ps court papers have been filed so now just wait for a date."

The court ordered no contact due to the stress and upset it caused to my son and said he could re-file in a couple of years or when circumstances change he's refusing the contact centre so nothings changed. He's trying to pressure me into setting up contact just him and myself with my son which I won't agree to. ( He was offered this supervised by my friends and family and he refused to which now they are unable to do any more)

Can he apply to court when we haven't been to mediation because he refused?

OP posts:
Joules68 · 20/04/2014 21:27

If there has been dom abuse then mediation is not advised

RalphLaurenLover · 20/04/2014 21:29

I know it's not advised. He refuses it happened and it wasn't documented to the police.

I still said I'd attend in separate rooms which I was happy with.

Your response didn't really answer my question though, however Thanks.

OP posts:
IAmNotAMindReader · 21/04/2014 14:25

He can still file but all legal advice he will be given will be against this. Nothing has changed and he has been the obstructive one, so the court will agree with the original decision and he will have lost money.

RalphLaurenLover · 22/04/2014 00:17

He's self representing.

I have screen shot everything proving he's been offered contact and refused on the basis he has no money yet spends it on his car as he post about it online. He's trying to force me to have contact out of a contact centre and just him and myself with my son.

he can't force that can he?

OP posts:
Yambabe · 22/04/2014 09:48

No he can't, and as you have been told before him filing again will not go down well if it goes to court.

Send him one email stating that no further correspondence will be entered into until the court date, then get on with your life.

IF he has filed again (unlikely given his history) the best he can hope for is court-ordered supervised contact but as contact stopped before because of his unreasonable behaviour even this is unlikely to be granted.

He is trying to bully and intimidate you, best thing you can do (if you can) is ignore him.......

lostdad · 22/04/2014 14:42

In my experience it is expected but very often won't make any difference. Worst case scenario for him is that the court orders mediation. Best case is they tell him off a bit and get on with the case...

RalphLaurenLover · 22/04/2014 23:30

Well he say's he can't afford contact centres or mediation so he won't go to them any more.

he's wanting contact outside of these facilities. He's never had them before and I refuse to be alone with him.

OP posts:
lostdad · 23/04/2014 09:26

The bottom line is that if you cannot come to agreement between yourselves court is the only option.

If he's on benefit or low income he may be eligible for mediation at a reduced rate. If he can't afford that he won't be permitted to go to court now as a result of the changes that came into place yesterday: The new C100 form needs to be signed by a mediator.

RalphLaurenLover · 23/04/2014 18:15

I know court is the only option he doesn't agree to anything reasonable (without having contact with my son he demanded all holidays, all birthdays and 3 times a week)

He's not on benefit takes home 2k plus a month how will he have filed if it has to be signed by a mediator?

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