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Court only option
#1
Its the final straw with ex she has really topped her evil side this time.

Last few weekends of contact with daughter she has been given a mobile phone (apparently ex's old iPhone) and has brainwashed my 10yr old daughter in that she refused to have a photo taken - "mummy says I cant take photo's". It was my birthday and daughters birthday last 2 weeks and daughter has been told not to have photo with her daddy?!!! Absolute joke and I found it quite personal. Daughter keeps going on her mobile either to play games or allegedly texting her cousin. However, without any major surprise I discreetly saw daughter's mobile and an outstanding text from ex saying "I love you darling come home". Why would she text daughter that under my contact time?

This is not to mention me not seeing daughter on my birthday or daughter's birthday - breaches of court order some 3yrs ago.

This does not include never answering my twice weekly calls or ex listening and interrupting.

Holidays - court order has it in black and white and ex doesn't give a damn. Her most common excuse is daughter seeing her friends is more important than seeing her dad. Yes I agree at 10 there are times I have compromised and missed contact without any compromise but not as often as I have to tolerate. I find it impossible to book holidays as ex will never agree anything and last year made daughter decide that 2 weeks holiday with me her dad was too long in the summer holidays.

I won't go on anymore but I called my local Mediation today. I understand it's £70 for 1.5hrs but explained to them ex would never turn up. I assumed you had to go through mediation to get back into court these days? But apparently not the case and if I prefer to go to court I complete C100. I explained to mediation ex total idiot and unlikely to turn up so am I wasting my time going there alone. It could be £70 wasted and could go towards my C100. How much is court these days for a C100 hearing?

My final point is would it look better if court can see I have gone through mediation? Apparently it's down to me to contact ex to go to mediation but she will do anything to get out of it.

Yet again, ex texts me to tell me daughter in tears when she gets home. She is so evil I have all texts saved just need to put them into spreadsheet for court.

Your advice appreciated as want to make decision for tomorrow. Can't take much more of this ex is ruining my relationship with daughter who at 10 is going to be seriously sensitive. She cannot carry on like this and new court order needs to be done and I guess I will have to fork out for the C100 application.
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#2
You do have to attempt mediation before taking ex to court. Now your daughter 10 the courts will listen to her wishes and desires as well and she will have a say in what happens.
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#3
(04-24-2017, 08:23 PM)Chris2017 Wrote: Its the final straw with ex she has really topped her evil side this time.

Last few weekends of contact with daughter she has been given a mobile phone (apparently ex's old iPhone) and has brainwashed my 10yr old daughter in that she refused to have a photo taken - "mummy says I cant take photo's". It was my birthday and daughters birthday last 2 weeks and daughter has been told not to have photo with her daddy?!!! Absolute joke and I found it quite personal. Daughter keeps going on her mobile either to play games or allegedly texting her cousin. However, without any major surprise I discreetly saw daughter's mobile and an outstanding text from ex saying "I love you darling come home". Why would she text daughter that under my contact time?

This is not to mention me not seeing daughter on my birthday or daughter's birthday - breaches of court order some 3yrs ago.

This does not include never answering my twice weekly calls or ex listening and interrupting.

Holidays - court order has it in black and white and ex doesn't give a damn. Her most common excuse is daughter seeing her friends is more important than seeing her dad. Yes I agree at 10 there are times I have compromised and missed contact without any compromise but not as often as I have to tolerate. I find it impossible to book holidays as ex will never agree anything and last year made daughter decide that 2 weeks holiday with me her dad was too long in the summer holidays.

I won't go on anymore but I called my local Mediation today. I understand it's £70 for 1.5hrs but explained to them ex would never turn up. I assumed you had to go through mediation to get back into court these days? But apparently not the case and if I prefer to go to court I complete C100. I explained to mediation ex total idiot and unlikely to turn up so am I wasting my time going there alone. It could be £70 wasted and could go towards my C100. How much is court these days for a C100 hearing?

My final point is would it look better if court can see I have gone through mediation? Apparently it's down to me to contact ex to go to mediation but she will do anything to get out of it.

Yet again, ex texts me to tell me daughter in tears when she gets home. She is so evil I have all texts saved just need to put them into spreadsheet for court.

Your advice appreciated as want to make decision for tomorrow. Can't take much more of this ex is ruining my relationship with daughter who at 10 is going to be seriously sensitive. She cannot carry on like this and new court order needs to be done and I guess I will have to fork out for the C100 application.

As a Court Order Exists, no Medication is needed unless ordered, as only a Court can change your order.

Unless you are only going to complain about 1 recent aspect being broke, you can not file a C79. However, you can vary the  order, to make it enforcable again.
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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#4
(04-24-2017, 08:39 PM)warwickshire1 Wrote: You do have to attempt mediation before taking ex to court. Now your daughter 10 the courts will listen to her wishes and desires as well and she will have a say in what happens.

I spoke to mediation and they said I am allowed to go straight to court with a C100? Mediation is down to my decision and then I have to inform ex I I want to.
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#5
Hi,

Did they signed and stamped the MIAM / Section 14 of the C100?

F.
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#6
(04-24-2017, 09:20 PM)Frisbos Wrote: Hi,

Did they signed and stamped the MIAM / Section 14 of the C100?

F.

No need for them to sign it, as it would be an application to vary an existing order.

Once a Court Order Exists, it has to be the Courts that change it, unless they decide to send the parents to Medication if there is an application to vary.

A Mediation Agreement is not a legally binding. It can only be prsented to a court to evidance what was agreed to, and that then means the person wanting to change it has to show good reason why.
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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