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Is mediation a must to extend visits of existing Court Order?
#1
Hi,

My visitations with my daughter have been agreed at Court and I would like to extend my time with me again. I suspect that my ex will refuse and we will need to go back to Court.

My solicitor advised me to go through mediation before I apply for variation at Court.

My questions are:

- Do I NEED to go through mediation before I return to Court?
- Will the Court be satisfied if I can prove that I met directly with the mother to discuss this and not through mediation?

I am trying to cut on mediation cost...

Thanks
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#2
You need the c100 signed by a mediator
The opinions here are not that of Separated Dads, but merely a loving father who has been through the process and has come out the other side.
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#3
(01-04-2018, 03:20 PM)invisibleintellectual Wrote: You need the c100 signed by a mediator

Wrong. Once a Child Arrangements Order is made, it remains enforcable until changed by Court.

Your ex does not have to attend Mediation, unless you apply to Court, and it is then Ordered as part of your case.

If she did agree to it, then you would need to apply to Court anyway, to vary the Order, and perhaps convert it, to be a Consent Order, following what the Mediation Agreement said.

For you to bring an application to vary, you need to have Signficant reason, and to be clear on this, it must be something what was not known at the time the last order was made. In law, everything up to when the Order was made has been considerd.
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
I don't know if it's needed or not, but we did it anyway just to make sure second application to court wasn't thrown out. Went for MIAM and said wanted to be signed off. Took the C100 with me - mediator signed the relevant part of the form (after two hours! They want you to try it), then applied to court for variation of order. At first hearing mediation was ordered between first and final hearings., but it got the ball rolling.
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