Upcoming shuttle mediation meeting with Toad

[Karenthetoadslayer]

In one hour and I am getting a bit shaky. He is going to annihilate me!

Right - done a bit of research W/o P letters must contain genuine offers to settle a dispute. If there is no 'offer' as such contained, then the are not W/o P.

"Letters written and oral communications made during a dispute between parties which are written or made for the purpose of settling the dispute, and which are expressed or otherwise proved to have been made without prejudice cannot generally be admitted in evidence. The rule does not apply to communications which have a purpose other than settlement of the dispute."

So if the letters are 'posturing' it may be unlikely to be considered evidence, but if the judge believes them to 'advancing an untrue position' or 'threatening' then the privilege of WP can be removed.

Also his solicitor should only be writing to your solicitor, not directly - but I don't know whether your solicitor is permanently instructed?

I may in due course go to Resolution and complain about his solicitor being too aggressive. V good point.

This is a two front war.

Toad is upset that I am not happy to promote him to the children.

I have been reassured that in case of domestic violence where the children have witnessed and suffered abuse, I do not have to promote the perpetrator to the children. Therefore the rule that I have to be positive about him in front of the children does not apply and anyway, it has been said in mediation and should therefore not be used in solicitor's correspondence.

And for the avoidance if doubt, he can get stuffed.

*of doubt

Hi WWK I cannot afford to instruct my solicitor for this application, as we will not be able to claim costs on applications relating to the children, therefore it's now me, WA etc, and you guys against Toad in his application about contact.

I am ready to kick his arse.

Go go Karen, squish that toad!

May I suggest then that you liaise closely with WA on how to proceed, they will have the experience and the expertise to give you the best possible advice. Ask them if any correspondence between you and Toad Legal should be WP as their letter to you was.

I think, but it's for them to confirm, that since the mediation is nothing official you can merely say no to any further involvement on the grounds that the children want no contact with the Toad and you have no intention of forcing them. Any further attempts to coerce will be treated as harassment and dealt with accordingly.

Sounds like Toad is opting out of mediation. The ultimatum is ending in two weeks and by that time he wishes to see the children. This came from the solicitor. The dates that the mediator gave me are different. FFS can they not even sort that out between themselves.

It happens all the time that Toad does one thing and his solicitor does another.

WA have already texted me that it is good that he takes me to court about contact. CAFCASS is not getting paid by Toad.