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Trouble...
#1
Hello again...

Is there a way to bypass mediation and go straight to court?

Today things went utterly pear-shaped. My ex is currently insisting on supervised access to my 7 month old son. Today she said she had an appointment to go to and that I had to accompany her if I wanted to see him. I suggested that sitting in a waiting room while she goes to her appointment doesn't really constitute quality time with my son. She disagreed and things snowballed.

It should be mentioned that we generally arrange my visitation on days when her other son (6 years old) isn't there as he gets too excited when he sees me. Bizarrely, this doesn't apply to the weekends as she's more than happy for me to see my boy when her other son's there. But he was off school today and said she was going to 'allow' me to go round and see my son despite him being there. When we disagreed about the appointment thing, she said she didn't want me in the house so I said I'd pick up my son and take him to mine. Of course, with her ridiculous supervision thing she refused this. When I turned up I saw my son for all of 15 minutes before she asked me to leave, informed me that the prior access arrangements we had for this week are off and that she's going to arrange for me to see my son in a contact centre on Saturday. (Presumably she can't do this without a child arrangement order?)

Anyway, my question is this: if she's so adamant on supervision and is inferring a child protection issue, am I right in thinking that a child protection issue allows it to bypass mediation and go straight to court? Or am I just shooting myself in the foot flagging it up? Mediation is going to cost a fortune and she'll be a stubborn sod so I feel it'll be pointless.

(For the record there's no child protection issue at all as she's more than happy to leave me on my own with him when it suits her and act like everything's hunky dory when she's in the mood. The fact is her restrictive behaviour and emotional abuse is slowly killing me.)
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#2
(02-15-2017, 05:35 PM)strider Wrote: Hello again...

Is there a way to bypass mediation and go straight to court?

Today things went utterly pear-shaped. My ex is currently insisting on supervised access to my 7 month old son. Today she said she had an appointment to go to and that I had to accompany her if I wanted to see him. I suggested that sitting in a waiting room while she goes to her appointment doesn't really constitute quality time with my son. She disagreed and things snowballed.

It should be mentioned that we generally arrange my visitation on days when her other son (6 years old) isn't there as he gets too excited when he sees me. Bizarrely, this doesn't apply to the weekends as she's more than happy for me to see my boy when her other son's there. But he was off school today and said she was going to 'allow' me to go round and see my son despite him being there. When we disagreed about the appointment thing, she said she didn't want me in the house so I said I'd pick up my son and take him to mine. Of course, with her ridiculous supervision thing she refused this. When I turned up I saw my son for all of 15 minutes before she asked me to leave, informed me that the prior access arrangements we had for this week are off and that she's going to arrange for me to see my son in a contact centre on Saturday. (Presumably she can't do this without a child arrangement order?)

Anyway, my question is this: if she's so adamant on supervision and is inferring a child protection issue, am I right in thinking that a child protection issue allows it to bypass mediation and go straight to court? Or am I just shooting myself in the foot flagging it up? Mediation is going to cost a fortune and she'll be a stubborn sod so I feel it'll be pointless.

(For the record there's no child protection issue at all as she's more than happy to leave me on my own with him when it suits her and act like everything's hunky dory when she's in the mood. The fact is her restrictive behaviour and emotional abuse is slowly killing me.)

I am going to need a lot more detail to advise on the way forward for this.
 As its a live case, we need to ensure that no detail is put on the forum what might identify you  or anyone else in the case, so if need be, use   Private Message, by left clicking on my ID.

The first thing I need to draw to your attention is how Child Support is worked out. You do get a reduction if "Staying Contact" is in place, exceeding 52 nights a year. The on-line calculator will not help in your case, as there is also a child that you can not get this for, until 2 years old, unless its by agreement.

Often  an ex will try to down the supervised route, but for it to take place it needs a Court Order, Social Services backing, or you agreeing there is a need for it.

I need to know if you have ever had "Staying" contact with the 6 year old, or any unsupervised daytime contact with him/her.
I also need to know if ever you had any unsupervised contact with the 7 month old. To be clear on this, when the baby was in your care, and your ex was not in the same room.

I also need to know if you have PR for both children, either by being married to her on the day of birth, or by being named on the birth certificate.

Are the children known to Social Services, if so I will need to know how and why.

Do you have any convictions what might suggest to a court that you are a risk to a child?

Does any court order, mediation or any other agreement exists. If so, when and what it was allowing.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
Thanks MarkR. I've PM'd you.
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#4
Anyone have any thoughts on this?
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