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Hi,
Wonder if someone could help and potentially save me a lot of time with this?
I was ready to take my completed C100 to court today to try and get a court order due to not being able to see my daughter for over a month after an argument with my ex. However I am now stumbling a bit on the mediation section and if I do have to enclose a FM1.
Basically last summer we had a similar case of access and both chose to go through mediation locally. This was nothing to do with a court order we just thought it best to try. By January this year we had an agreement via the mediator for access once a week on a night and every other weekend which has been OK until last month.
Therefore can I say I have attended mediation and tick that box even if this was a number of months ago? And do I need to actually fill in the FM1 or would I need the mediation people from months ago to fill this in?
edit: If I did still post with court and they then had a requirment for mediation first would my cheque still be cashed or is that held off until it actually "goes to court"?
I would give the mediator a call and run it past them. If you tell the mediator that she has not upheld her part in the agreement and ask if they could issue you with an FM1 as it has been attempted and failed and you now wish to get a contact order in place.
As far as the courts cashing your cheque, they most definitely would. You would get the date for the first hearing and at that point the question about mediation would be addressed, the judge has the power to send you both away to attend mediation, and then to return to court later, either having agreed or failed, in which case the case would progress as normal.
I thought (from memory) the form only asks if you have attended mediation.
I am not sure if they specifically want the FM1. Anyhow - you can demonstrate you have been and she is not sticking to it.
You can send open correspondence to demonstrate youve tried to reason with her but she is ignoring requests to come (if she does of course)
If you cannot afford the fee why not consider the EX160
Guys,
thanks for the replies. The C100 is now quite specific that a FM1 should be attached. My problem is my mediation (which cost quite a lot in the end) was a year ago and the agreements made have been broken. I contacted the mediator and I guess rightly they said that was a year ago so not releveant now and they can only sign the FM1 within 4 months of mediation. Fair enough.
My feeling was just go to court and file the C100 and see if they actually ask for the FM1 or if they then say I have to go for mediation fair enough. The only thing is the cheque for £200 odd quid would be cashed.
I contacted the mediator back and am not completely confused. They want £174 or £130 upfront (the latter if we go jointly rather than individually) OR (I didnt know this) apparently it is now free if EITHER party can get legal aid (I certainly cant). What I dont quite get though is why I am paying the money up front. As the "potential applicant" should I be paying it all anyway or is it upon us both to do this and if one says know the mediator signs the FM1 as person wont attend?? The mediator said I can try and get half from the other party? What I have said is the other party wont reply to me so how can I submit the 174 or 130 as I dont know if they would go for a joint session?
Would I be best just submitting my court form. If the judge says we have to go to mediation would we then be both liable to pay for half of this?
To try and understand this a little we did 4 mediations a year ago costing £130 a go. Each of these lasted an hour and she wasnt paying a penny because of legal aid. We went to one agreed something and it didnt happen. She wasnt bothered how many she went to.
Just an update after much frustration with trying to sort another mediation before entering the C100 I decided to go for it and try via the court anyway.
The court clerk was very very helpful but could not accept my C100 without an FM1. However I had one with me anyway filled in and just ticked as any other reason and stated had been through mediation before. She at least said that was OK but was only the clerk. I will update if I hear anything back from them saying its filled in incorrectly.
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