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Mediation

8 replies

Fiirefly · 03/08/2018 15:45

What happens if one parents refuses to go to mediation?
I understand you can't go to court for a child arrangement order without mediation. Does that mean if he refused mediation I couldn't take him to court?

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MrsBertBibby · 03/08/2018 18:30

No. If you want to take something to cout you have to try mediation, if the other side refuses the mediator will sign your form so you can issue.

Fiirefly · 03/08/2018 18:47

Brilliant. Thank you!

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Fiirefly · 03/08/2018 18:52

Does anyone know if the father didn't turn up to court whether the judge could issue a child arrangement order in their absence? Or would it get thrown out because both parties hadn't turned up.

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NorthernSpirit · 03/08/2018 18:56

My now OH asked his EW to attend mediation and she refused. A document was signed to say she didn’t attend and child contact matters went to court (which they both attended).

I don’t know what would happen if the father didn’t turn up. Is he the applicant?

Fiirefly · 03/08/2018 19:01

No, I'd be the applicant.
He wants more contact, I've agreed to 50/50 but I've said I want it as a formal agreement because he keeps going back on seeing our child.
He's said he wants 50/50 but that "if he decides to change his mind then he'll stop having her." That's not fair on our child. She needs a proper routine for seeing him.
Maybe I'm being unreasonable, I don't know. I'm happy with 50/50 but I want it to be a proper set routine for her. He doesn't.
I want to go to court to have something set in stone. He's said he won't turn up to mediation or court. I wasn't sure how it would play out.

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Fiirefly · 03/08/2018 19:02

I assume applicant is the person petitioning to go to court. In that case it would be me.

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HirplesWithHaggis · 03/08/2018 19:05

Your case may be held without him, but you can't force him to actually do the 50/50 he says he wants, even with a court order. :(

Fiirefly · 03/08/2018 19:09

If he does less than the court order says, then at least I can say I tried my best.

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