Financial provision order schedule 1 children's act 1989 new mediation requirements

[Teddingtonmum1]

Background is I had a recent successful specific issue order granted by the court so my DS can weekly board from sept. Ex pays bare minimum son got v generous bursary for an Indy but still a significant amount to find ex refuses to contribute anything towards the fees as not his choice . Requested he is responsible for the extra eg uniform sports equipment extra in specific issue hearing cafcas also recommended in their s7 report that ex should contribute more than CSA assessment ex refused even though judge argued with him it was for his own child but as s8 application no way of forcing but judge advised me to get legal advice saw lawyer who advised file financial provision order under schedule 1 as we never married requesting monies for school equipment only not fees he said because recommended in cafcas report. and going before same judge and I am asking for a fairly modest amount (extra £2k pa) that I should be successful . I've just never seen or heard of anyone filing for this so was looking for feedback of someone who's been through it already any feedback ex has a ppty with small mortgage and works full time and no other children.

Also ex refuses to attend mediation despite it being part of court protocol now before I filed I did notify the court staff tha ex refuses and included written proof but waiting for it to be thrown back at me for not going but its a waste of time and resources if ex advised unwilling to attend anyone else fallen fowl of these new mediation rules ?

Not completely sure about financial provision. The changes came in just last week and everyone involved are still finding their feet - would recommend you give the court a call and ask them it's needed.

Mediation is certainly a requirement for a Section 8 Application (the C100 has a section for a mediator to fill in now).

If the form to apply for a Schedule 1 DOES have a section concerning mediation however you'll need to go to a mediator to get their signature even if it is a foregone conclusion that is a waste of time.

OP, I don't mean to hijack your thread in any way and do apologise,but I am also confused by the new mediation provisions.

I am taken back to court regularly and last year the Judge insisted the other party attend mediation first (prior to new rules). He did and just said to the Judge it was "not suitable" for mediation and had it signed off. The other parties wanted to attend mediation, but this was ignored.

Can the applicant still just get mediation signed off as unsuitable if other parties are willing does anyone know?

ElsieMc - The new C100 has a section on it for details of mediation to be included - effectively making the FM1 form part of it. The C100 won't be processed without this section being filled in (details of the mediator and mediation attempt).

It is hoped that this will make more people go to mediation and avoid the court route. My personal opinion is that it will make very little difference.

Lost that's the problem went to the court and the staff were totally clueless I had to tell THEM what forms I needed apparently the change was brought in without even bother to retrain the staff on the changes so half expecting my application to come back .....

Sorry to hear that - although I am not completely surprised. I have had experience of being told something categorically by court staff only for it to be flat denied at a later date.