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My son went for mediation last week.
He applied for Legal Aid and hoped that the ex would see sense and join mediation.
Well...last night he got communication from the mother of his child that the baby needs
routine ( fully agree ) and therefore my son can see the little one twice a week as
previously agreed.
Just from the tone I knew that the mediator had been in touch and this morning my
son got a call from the mediator stating that my sons ex doesn't think she needs to
attend as they have arranged things between them !!!
The mediator is powerless to go any further but fortunately the case will be open
for some time to come...so should my sons ex go against the arrangement, my son can
go straight back. ( Which will happen eventually...)
As much as I dislike the ex...I take my hat off at her for being able to circumvent the
system....what a crafty ploy.
Have a good weekend
Kirsten
Why don't you suggest your son asks the mediator to contact her and ask her to attend to talk about changes to the schedule of contact as the baby becomes more independent....kind of a schedule of increasing contact. The mediator could also suggest that they get together to have a memorandum of understanding drawn up.
Strictly speaking she has refused to attend so your son could be issued with the FM1 if he decides to go to court...I believe he has 6 months from the point of refusal to be eligible for the form to be issued.
Well....the mediator told my son this morning that since some form of agreement / arrangement was made
there was nothing they could do.
I was of the opinion that it would constitute a refusal but no...since she agreed to contact there is no
further action.
However...the file/ case will stay open for 3 months from when my son applied for legal aid so as soon
as she refuses contact again it's back to mediation and only when she refuses mediation again will
my son get the FM1 form.
It's frustrating....but hey...in the meantime we get to see the little one until the ex changes her mind again.
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