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arrangement order/ mediation
#1
Hi all

My partner has been to mediation about access to 11 year old. We have been told his ex wishes to have mediation near her - we live 100+ miles away.
She then called my partner to say she is getting a solicitor to draft a arrangement order for my partner to sign about residency of his daughter as  guess nothing about residency was really mentioned in divorce.
if this is the case surely she is no longer doing mediation and she would have to apply to the court for this?
we are applying as have been prevented access, and told she doesn't want to spend time with us.
Anyone got any ideas why she might do this? Surely there is not point in a 2nd mediation meeting if she plans to do that, she apparently was advised by mediator. she has also been told to not let us see partners daughter during the process! anyone got any advice/ experience here?

thanks :-)
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#2
(05-09-2017, 05:08 PM)hbellis83 Wrote: Hi all

My partner has been to mediation about access to 11 year old. We have been told his ex wishes to have mediation near her - we live 100+ miles away.
She then called my partner to say she is getting a solicitor to draft a arrangement order for my partner to sign about residency of his daughter as  guess nothing about residency was really mentioned in divorce.
if this is the case surely she is no longer doing mediation and she would have to apply to the court for this?
we are applying as have been prevented access, and told she doesn't want to spend time with us.
Anyone got any ideas why she might do this? Surely there is not point in a 2nd mediation meeting if she plans to do that, she apparently was advised by mediator. she has also been told to not let us see partners daughter during the process! anyone got any advice/ experience here?

thanks :
I would not cooperate with this process, as you do not then get the girls wishes and desires carried out the correct way.
As the child is with her, she does have the right for Mediation to take place local to her.
However, only a Guardian appointed by Court, in the form of Cafcass or Social Worker can put forward the views of the chilld. How it works is the child will be spoken to if it goes to court, without either parent present, normally at school.
I am not sure if your aware, but Staying Contact also reduces the Child Support amount, and if its his ex that moved away, he can also claim a reduction on that, due to his travel for contact costs.
Its not the remit of a Mediator to advise that its sorted out elsewhere, unless its deadlock, where it would have to go to court.
I would hold out, for the deadlock letter, and put it in court, to find out the true situation regarding the girl.
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
(05-09-2017, 06:11 PM)MarkR Wrote:
(05-09-2017, 05:08 PM)hbellis83 Wrote: Hi all

My partner has been to mediation about access to 11 year old. We have been told his ex wishes to have mediation near her - we live 100+ miles away.
She then called my partner to say she is getting a solicitor to draft a arrangement order for my partner to sign about residency of his daughter as  guess nothing about residency was really mentioned in divorce.
if this is the case surely she is no longer doing mediation and she would have to apply to the court for this?
we are applying as have been prevented access, and told she doesn't want to spend time with us.
Anyone got any ideas why she might do this? Surely there is not point in a 2nd mediation meeting if she plans to do that, she apparently was advised by mediator. she has also been told to not let us see partners daughter during the process! anyone got any advice/ experience here?

thanks :
I would not cooperate with this process, as you do not then get the girls wishes and desires carried out the correct way.
As the child is with her, she does have the right for Mediation to take place local to her.
However, only a Guardian appointed by Court, in the form of Cafcass or Social Worker can put forward the views of the chilld. How it works is the child will be spoken to if it goes to court, without either parent present, normally at school.
I am not sure if your aware, but Staying Contact also reduces the Child Support amount, and if its his ex that moved away, he can also claim a reduction on that, due to his travel for contact costs.
Its not the remit of a Mediator to advise that its sorted out elsewhere, unless its deadlock, where it would have to go to court.
I would hold out, for the deadlock letter, and put it in court, to find out the true situation regarding the girl.

is there any right of access to a child during mediation? I'm guessing not - his ex has also said she was advised by the mediator not to let her see her dad. I'm thinking these aren't true statements and that maybe her mother is concerned that she doesn't have legal residency? its all a bit weird! we haven't seen her since early in the year so its really hard!
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