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Will we be sent back to mediation?

0 replies

JoJo2106 · 14/06/2018 21:00

Just wondering can the family court make you go back to mediation?

Me and ex split when ds was 2 weeks old. He is 9 months now. There has been domestic violence incidents while ds was there and drug and alcohol issues on his part so there has been issues over child contact for a while. Since the incident at my home my solicitor advised me to stop contact til there's a court order in place giving me residence as exp had also tried to run off with ds an then assaulting me. My ex is now taking me to court.

The problem is is we were originally supposed to do mediation before the incident and I referred to mediation and I attended a MIAM. I qualified for legal aid for it so my ex would have also got a MIAM free aswell. Sent my paperwork in and needed to wait for legal aid to process. A few weeks after my MIAM the domestic violence incident took place at my home involving my child also as ex was holding ds when he assaulted me. So the mediation place said I was exempt from mediation and there was no requirement to attend cos of the DV. I was still willing to try as it's much cheaper than court.

In the meantime my ex has clearly got frustrated waiting for legal aid to process and has attended another mediation place and a MIAM then when I have got a letter inviting me to a MIAM with the new firm I have refused as I have already attended a MIAM and the legal aid was already in process. They said ok that's fine. I now have a court date in place as my ex has applied to go to court. Any way my mediation place has rang me today to tell me the legal aid has gone through and that they contacted my ex but said he doesn't want to mediate.

He has complicated matters so much by doing this. My mediation has said that as I have attended a MIAM and he has that shows a willingness to mediate and that there's a big possibility the court will just make us go back to mediation. Does anyone know how likely this is? If he had just waited we woukd have been able to do mediation but not in seperate firms. Talk about complicating matters! Just wanted to know if they will just send us back to mediation.

Sorry if this sounds mega complicated lol Confused

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