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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Mediation not working

10 replies

mrscolour · 09/04/2011 13:07

Hi, I posted this on divorce/separation forum and then realised this forum gets more traffic so I've just copied and pasted it.

Me and my husband split about 2 months ago. He walked out (twice!) and went off to find somewhere else to live. Me and kids are living with my parents. All is very complicated.

Anyway, we had our first mediation session on Wednesday. My first problem was that the mediator who met with us had met with him before but I had met with a different mediator at my individual session. She met with me a few minutes before but I was not put at ease as by her talking to me about access and asking how I would feel in his position - to which I answered that I would not have walked out on my kids!

He sat and played the victim throughout and said all he cared about was seeing his kids. He tried to talk about having 50-50 access which I said I would never agree to and he didn't put up much of a fight so I don't think he really wants that or really knows what he wants. He left me to bring up the issue of money and the equity from the house we are selling. He said he would never hold back any money from the children. He claims he wants to spend more time with the children but it is the Easter holidays (we are both teachers) and he has booked a week visiting his family in Ireland and another couple of days sorting out his stuff in the house we are selling. So after today, he won't see his kids for a week and a half - that's his doing, not mine!

The agreements we made were that I would go and see where he is living this morning after he collected the kids. I would give him an answer by the end of the month about him having overnight contact. He would take my bank details to sort out a direct debit for paying me maintainance. We agreed which days he would have kids over Easter holidays and bank holidays. And we made some agreements over the house contents and how they would be sorted. We agreed that the finances would be discussed at the next meeting. The mediator talked to us about making handovers as pleasant as possible for the sake of children.

But, this morning I went and saw where he is living as agreed and he tried to pressurise me into making a decision about overnight contact straight away and actully wanted them to stay overnight tonight. He had even bought them new pyjamas! He has beds for the chidlren but my youngest is still in a cot! Then he had a go at me about the money side complaining that he had to pay for all legal advice and that I'm going to bleed him dry. He doesn't seem to see that I need to make a home for the children. He hasn't taken my bank details either!

I'm not quite sure where to go from here. If he's not going to say what he really thinks at mediation just because he wants to look like a good father and he's not going to stick to any agreements made I can't see it working but if we go down the legal route a) things will get nasty and b) we could end up being given access arrangements which aren't right for our children.

Any thoughts?

OP posts:
mrscolour · 09/04/2011 13:12

btw - I know he will have to have overnight contact eventually. I just don't want this to be rushed into. The kids need to have time to adjust to the whole situation and have to become comfortable in his home. I do feel my son is very young for overnight contact and I have always dealt with all night wakings for both of them.

OP posts:
cestlavielife · 09/04/2011 22:23

if there are no welfare issues then i see no reason why the children cant stay with him -time he did start dealing with night waking...

lookingfoxy · 09/04/2011 22:28

He could get a travel cot for the youngest, I don't see any reason why he shouldn't have them overnight from what you've said.

amicable · 09/04/2011 23:15

I understand how you feel, but unfortunately I think you just have to accept that the children need to have a full relationship with him, and this involves overnight stays.

I have recently split up from H, and currently loathe him with a passion, BUT, he is a good dad and his children deserve to spend proper time with him, so he has all 3 of them overnight twice a week, they have done this from the start. I have 3 kids and 1 of them still a baby in a cot. They have all been fine, in fact the eldest (7) is the one with most wobbles. The baby is oblivious, she loves daddy and mummy and doesn't mind who she is with.

Sorry you are going through this, it is bloody tough.

garlicbutter · 09/04/2011 23:44

This isn't about whether he should have them overnight, though is it? It's about his contempt for the mediation process and non-compliance with your agreed timetable. I share your concern - this is a very bad start; it suggests you're not going to be able to achieve a reasonable divorce. Without knowing your H, I can't say whether he's merely throwing an ego fit or is determined to have his own way whatever happens.

Mine went apeshit outside the mediator's offices, ranting that he wasn't going to do any of the stuff he'd oh-so-reasonably agreed in front of her. he didn't, either. He shafted me upside down, while the mediator wrote useless letters based on the assumption that he was a rational human being.

Come down hard, early. Hope it works out!

mrscolour · 10/04/2011 21:03

Thank you garlicbutter for being the only who actually understood my point. This isn't about overnight contact - it's about him not being able to stick to agreements made at mediation.

I really wanted mediation to work and I really want to get on with the rest of my life but I don't know why I keep expecting him to be reasonable.

Unfortunately H hasn't been a good dad and I honestly think he is pushing for overnight contact to get back at me - it's not about the children for him.

OP posts:
garlicbutter · 10/04/2011 22:23

I'd say trust your assessment, mrscolour. You know him. It might be best to rein all contact in - do the DC sontact in a public place, communicate only by letter/email, etc - and find your own solicitor. I did myself a massive disservice by buying into the 'amicable' solution too thoroughly. Wish there'd been a posse of mumsnetters outside the mediator's that day!

I am sorry. Divorce is bad enough when it's reasonable. If your H is setting out his power stall this early, you probably have little choice but to take a hard stance asap. So many mothers here have had to do it, I'm sure you'll get some really sound advice if you keep posting.

Sugarfreetea · 11/04/2011 11:22

OP - if you're H isnt' willing to use mediation appropriately then might I suggest that you find a suitable Lawyer-Mediator? These are specially trained in both FAmily Law and Mediation and so have the full knowledge of all things legal in the process whilst at the same time skills in, and an interest in, fairness to all.

This doesn't necessarily cost more than a local mediation service, you have the right to find your own and you can even ask that your H stumps up the cash to pay for it, if he's so 'willing' to try it.

the other thing is that you can use your solicitor at the same time to think through all the proposals and decide which are acceptable and which aren't - and of course to come up with some of your own.

My local mediation service only provides 1 days training on Family Law to their mediators - a derisory amount of training IMHO considering the issues people are trying to sort out in very difficult circumstances. Which is why I first approached a Lawyer-Mediator suggested to me by my sol.

I am not ready to approach any kind of meeting, mediation or not, yet. but i have done quite alot of the footwork about the process. If you decide mediation is right for you, you have the right to the best possible service you can get.

One last thing - mediators of any flavour are not there to practice psychobabble with you about H's 'feelings'. His feelings are his problem, not yours. He is responsible for his own actions and their consequences.

Hope this helps, good luck

mrscolour · 11/04/2011 22:57

Thanks sugarfreetea. I'm actually getting back in touch with solicitor tomorrow as he's trying to claim his solicitor has told him not to pay me maintainance as I took some money from the joint account. Will see what happens over the next couple of weeks before deciding whether to go back to mediation.

OP posts:
garlicbutter · 12/04/2011 00:39

So glad you're still here - and taking professional advice, MrsC. I was horrified by sugarfree's news that mediators only have one day of training! Was also alarmed by your (his) mediator's question about how you'd feel - way out of her remit, but your answer was perfect so I hoped that was the end of her inexpert counselling shenaningans.

As he's claiming such ridiculous assertions on his solicitor's part - he's either trying to bullshit you, or has engaged a "killer" divorce lawyer. Either way, this isn't a negotiation any more, is it? It's war :(

I know only too well how depressing it is to be walking the reasonable path when your partner (haha) is waging undeclared war. My advice, I'm afraid, is: get angry! And fight.

Don't forget how essential your own wellbeing is, especially as you have DCs. Eat properly, drink enough water and see your doctor if you can't sleep or start having panic attacks, rashes, etc. Gather support in real life; it's worth gold. All the best.

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