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Going back to court...
#11
(02-12-2019, 02:18 PM)Leader1978 Wrote: You have no choice but to initiate mediation as that is the first part of the process when making a court application - your court application won't be considered unless you can evidence that you have tried mediation.  

Now, if your ex does not attend or is not agreeable to anything suggested at mediation then you will be provided a letter from the mediator confirming you (or you and your ex) attended mediation but no agreement was reached.  You need to include this evidence as part of your court application - its a mandatory requirement.

Yep but its ridiculous as we have already been to court and mediation didn't work
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#12
Yes it is ridiculous. But each case is different and courts like to see you have tried or it counts against you. It's jumping through hoops. Go for a MIAM - get the ex invited by the mediator, she won't go, get signed off. If she does go and nothing gets agreed, get signed off. You have then fulfillled the legal requirement to apply to court.

Actually from what you said about her agreeing to the Wednesday nights etc - I would try this first. Verbal communication is not good - it needs to be by email. Asking her to put something in writing is bound to lead to a no. Whereas email communication IS something in writing, and can be used as evidence in court. I would be tempted to say

"Dear Ex name

Just writing to agree the Wednesday nights. Have considered what you said and suggest the following - that I will pay the same amount of child maintenance, as a private agreement (this can still be done via the Child Maintenance Options if it is in writing from me). And will have daughter overnight on Wednesdays as discussed. Please let me know if you agree and we can start doing this."

If you don't normally do email, then send it as a text. Even if she avoids replying in writing via text and email, your email is evidence of what you proposed - and once you've been having Wednesday overnights for a while that becomes the new recognised schedule if you have to go to court again in the future.
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