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ExH has requested mediation

14 replies

NotaDisneyMum · 27/10/2011 18:42

Finally, exH got the message that I would only talk to him face to face with a mediator present, so he's approached a local family mediation service and I've got my one-to-one next week.

We've mediated twice before. Once, at the time of our divorce, when the mediator suspended one of the sessions because exH was being argumentative and rude to him (exH also followed this by complaining to the service that the mediator was bias against him!).
the second time was about 18 months ago when our parenting/care arrangements broke down. I approached mediation, he said he couldn't afford it, so I paid both my own fees and his. We reached an agreement about our responsibilities and behaviour towards each other and DD, which was documented. Since then, he has repeatedly breached aspects of the agreement to suit himself, and I've just dealt with the fallout with DD as best I can. Everything goes fine between us as long as it goes his way - if I have a different opinion, his method of "discussion" consists of trying to persuade, demand and then bully or blackmail me into doing things the way he wants them to be done.

Anyway, the problem is that the means-testing that determines how much I will be charged for each session takes into account DP's income as well as mine. I was made redundant 6 months ago, and despite working two P/T jobs and running my own business, DP has been supporting me and DD, as I earn very little. The fee I will be charged for each session is more than I can afford (each one is several weeks pay) - but the expectation is that DP will pay, because he's earning.

If I thought that it would do any good, then I know that DP would find the money, but exH took absolutely no notice of the last agreement reached in mediation (which I paid for), so why should this one be any different? I really don't know if there is any point.

I realise that mediation is supposed to be a cheaper option than thrashing things out in court, but if exH takes me to court to try and get residency of DD, then I'm fully prepared to represent myself, as DP and I can't afford solicitors and barristers fees.

[as background, DD10 has had a 50:50 care arrangement for over 2 years, which I am prepared to continue with. the only "change" I have made to the arrangement between exH and myself is that I will only deal with him by email, and I am now taking day-to-day responsibility for BD as if I were the court ordered resident parent i.e. claiming Tax Credits/ child benefit and ensuring that this is her "home" address for the purposes of council/government administration. Up until now, these issues have been shared and "discussed"]

OP posts:
NotSuchASmugMarriedNow · 27/10/2011 22:28

what is it that your ex wants to talk to you about that you will only discuss in the presence of a mediator?

ToothbrushThief · 27/10/2011 22:30

My abusive ex used mediation to bully. He wanted me to pay for it all but then wouldn't comply. It was just part of his little game playing.

NotaDisneyMum · 29/10/2011 00:42

NotSuch - don't know what his specific issue is this time; but his biggest 'complaint' about me is that I endeavour to remove emotion from our interactions and keep them to a minimum whereas he wants regular/daily contact (for DD10s sake) and for us to share our 'feelings' with each other!

The most recent issue was my request that he permit me to take DD to one of the school open evenings locally - he arranged to take her to all of them (three of the four while she was in my care) and he refused to make alternative arrangements to visit one school if I went with DD as I had with the other 4.

Subsequently, he refused to share information with me (about the school selection) until I met/spoke with him after I had specifically requested we limit contact to email onlySad

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RedHelenB · 29/10/2011 07:54

It is difficult to communicate via email over things that require discussion eg, which is the best school for your daughter to attend. I think it would be less costly to go to mediation in the long term though.

NotaDisneyMum · 29/10/2011 09:44

RedHelen - well, we've managed to reach an agreement over the school SINCE I insisted on email; until then, we were going around in circles.

If it were just major issues I would be more inclined to engage with him - but he wants to discuss EVERYTHING face to face - when a one-line email is more than sufficient!

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balia · 29/10/2011 09:52

Are you thinking that actually a court process would be better? Get things legally set in stone, as it were? Because if you refuse to talk to him without a mediator, and then refuse mediation...doesn't leave much alternative, does it?

NotaDisneyMum · 29/10/2011 11:03

I'm not planing on refusing mediation - but yes, a court order would be the best option I think; it is highly unlikely that the court would award shared residency, and I've always been happy for DD to spend 50% of her time with him - what I want is for one of us to take financial and day to day responsibility for her rather than pretend we can co-operate.

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SolidGoldVampireBat · 29/10/2011 11:06

It's obvious that this man wants to use mediation as a way to get at you, so you would be better off going straight to court and minimizing his contact with you as much as possible. You've tried mediation before and it failed due to his behaviour. Remember that while a court may insist on him having contact with DD, no court can or would even dream of insisting that he is allowed access to you.

youllbewaiting · 29/10/2011 11:23

Do you claim the child-benefit and tax-credits and split them, or do you have them?

If you have 50-50 care now why do you think the courts wouldn't keep that in place? Ime the courts like to keep the status quo.

NotaDisneyMum · 29/10/2011 13:12

I'm happy for the status quo to remain from DDs perspective, but shared care isn't working for US in terms of co-operative parenting.

We've tried various options regarding finances - I used to receive CSA payments and be responsible for providing DD with everything she needed until exH asked for an allowance from me to spend on DD and started telling me what I should spend it on!
Then we agreed who would buy what, no CSA, but he insisted that I pay for everything and I 'ask' him for refunds for the things he'd agreed to pay for rather than making arrangements to pay direct (school trips, lunch money etc).

Surely the courts won't order an arrangement that has proven not to work? It doesn't affect DD, it's about the arrangement between me and ex that I want formalised so there is no room for misunderstanding.

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balia · 29/10/2011 13:30

Well, the problem you have there is that the arrangement is working - for DD. I think (based on just what you've posted) that the court would be highly likely to order Shared Residence, as that is what you have already. I'm not sure how interested they will be in your finances. And - not judging or getting at you - it would be very easy for him to say to the court 'look, she was happy with the arrangement before she was made redundant, now suddenly when she has no money it isn't in DD's interests anymore'.

The mediation sounds like your best way forward.

NotaDisneyMum · 29/10/2011 14:17

It's not about money, I'd be happy for him to take financial responsibility for DD and have offered several times, but he refuses!

He's a socially inept bully who I struggle to deal with.

Last month he called me because he was concerned about DDs current teacher and homework. I disagreed with his proposed course of action but accepted that if he wished to go and see the head, it was up to him. He did so - representing BOTH of us, despite the fact I had specifically stated I would deal with any concerns I had in my own way.

I don't want to be associated with him as a co-parent because we don't agree on anything and I have to undo the damage he's done every time!

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SolidGoldVampireBat · 29/10/2011 14:34

Have you got the school on side, NADM? If they have already seen for themselves what a knob he is, presumably they can refuse to deal with him and tell him to put his concerns in writing and they will resolve things with you.

NotaDisneyMum · 29/10/2011 14:51

SGVB - oh yes, the primary head is more than aware, but DD goes to secondary school next year - exH monopolised the 'open evening' events and took DD to all of them - I arranged to see the schools at a different time.
He is determined to play a big part in DDs education, which I don't have a problem with, if he left me out of it, but he insists on involving me and bullies me into doing things his way rather than accepting that i have a different opinion and will do my own thing.

I just want things resolved one-way or another - I can't co-parent with him!

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