[Solved] MIAM and court orders
Hi guys I am looking for some advice. I split with my ex about 5 years ago and I had my son 2 midweek nights and 1 weekend day and night a week, it all worked great as I have another daughter same days. my ex then said she isn't happy and wants 2 full nights every other week and if I don't I wont get to see my son at all. so I agreed but its not working as when I have him Saturday and Sunday one week the next I don't see him at all. it means there is a gap from Friday morning to Tuesday evening its too long to not see him I hate it and hes now 5 and says he hates having too long away too. she also never lets me take him away in the summer she either ignores me or says no for no reason.
im thinking a court order and I know I need to attend a miam meeting first. my concern is she wont go so can I then still go to court? will a court order make a difference?
I just want fair for us all and mostly my son. I don't want gaps with my kids but she is more bothered about long weekend child free
Yes, attempt mediation first, Once you have had your appointment, they will invite your ex along to discuss joint mediation session. If she refuses, you will then have to apply to the courts and include your MIAM certificate with this to show it has been attempted. It can be a long process, it can take a few months to get the court date sorted. But if communication has broken down, it is the best route to take
Do yourself a favour and tell the mediator you want to impose a deadline for your ex to agree and book their session in otherwise for them to sign off that you tried . My ex took months and didn’t respond to the mediator trying to make contact
sounds like your ex has given you a take it or leave it offer. when you sit MIAM, tell mediator that theres no point in continuing mediation as ex will not change her position after taking more time away from you & your kids, and not willing to give you any more time with kids. hopefully they will just sign you off to make a court application.