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Recent CAO - making a new application - is MIAM required

 
Brendansimons1
(@Brendansimons1)
New Member Registered

I have a CAO from October 2020 which is an "almost equal" arrangement. The mother completely refused Mediation in those proceedings but I attended the MIAM.

Both myself and my little un now want slightly more time, taking it to an "equal" shared care arrangement.

Im going to make an application.

Do I still need to attend MIAM or can I just go straight to the application, given it's very clear she will refuse to attend again?

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Topic starter Posted : 11/02/2021 10:49 pm
Bill337
(@bill337)
Famed Member

Hi,

the MIAM paperwork is valid for 12 months after it's issued. and as its about similar issue, you should be fine to use the same paperwork for another c100 and not sit another MIAM.

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Posted : 11/02/2021 11:05 pm

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Brendansimons1
(@Brendansimons1)
New Member Registered

Hi Bill

I've just read the C100's MIAM exemption section and cant see any mention of the 12 month rule you mentioned?

It says 4 months?

Which source is your info from please mate?

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Topic starter Posted : 12/02/2021 12:23 am
Bill337
(@bill337)
Famed Member

mediator i used over a year ago mentioned 12 months. seems like its changed. I see every where now its stating 4 months.

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Posted : 12/02/2021 2:22 am

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Yoda
 Yoda
(@yoda)
Famed Member

Hi, you would need to attend a MIAM as it's passed the 4 months.

Have you tried putting your suggestions in writing to the mother and suggested mediation?

If you try all these and no luck, you can make an application to vary the order.

How old is your child?

Just to point out, a court would probably be unlikely to make a variation so soon after the initial order in my experience.

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Posted : 17/02/2021 1:50 pm
warwickshire1
(@warwickshire1)
Honorable Member Registered

Family courts would expect you to mediate to resolve any issues especially seeing as child arrangements order was made in October2020.

If you return to family court its unlikely any changes will be made regarding increasing your contact time . You could end up with same or if ex contests end up with various things been varied which you may end up being unhappy with.
I dont mean in any way that your time will be reduced.

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Posted : 17/02/2021 4:14 pm

Bill337
(@bill337)
Famed Member

yes that's a good point. Court will not be happy that you are returning to court just a few months after an order was made. Because of my ex I ended up making 2 applications within a year, and judges told us they do not want to see us returning, and once is enough. They expect us to be flexible as children's needs will change over time, without having to return to court.

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Posted : 17/02/2021 4:23 pm

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