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Starting court proceedings for my children

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  • mason's_mum
    mason's_mum Posts: 105 Forumite
    100 Posts Third Anniversary
    edited 11 January 2021 at 5:43PM
    You can do mediation online at the moment, however, if for whatever reason either party can't/won't do mediation, you will get a certificate saying that you tried.
    My OH is in the process of taking his ex to court over a similar issue, he has paid to speak to the mediator, the ex claimed she couldn't afford it so wouldn't do it. He got the certificate and is now progressing to court proceedings.
    Just go through the process.
    I should say, the mediation process isn't binding, and there are no repercussions if what was agreed in the mediation is not adhered to.
  • sassyblue
    sassyblue Posts: 3,793 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker

    The only reason I can't attend mediation isn't because I'm not willing to, perhaps I should have worded it differently, I'm willing but my ex isn't, I'd much rather go through mediation rather than court.

    I have contacted a mediation service today I'm just waiting for a response.
    Very good. Your ex doesn’t have to engage in mediation (nobody is forced to) and after she declines you’ll get the certificate that forms part of your application to the court.


    Happy moneysaving all.
  • Marvel1
    Marvel1 Posts: 7,444 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Does it work in your favour you trying the mediation route and she is not?
  • es5595
    es5595 Posts: 385 Forumite
    Eighth Anniversary 100 Posts Name Dropper
    Marvel1 said:
    Does it work in your favour you trying the mediation route and she is not?
    Not automatically. There are many reasons mediation isn’t suitable, domestic abuse, anger issues etc. Hence why the mediator can provide a certificate that mediation was engaged with but isn’t suitable in these circumstances 
  • AliC999
    AliC999 Posts: 14 Forumite
    Fourth Anniversary 10 Posts
    Hi - there is an online questionnaire here which lets you see if you need to do a MIAM or even family mediation before court. Good luck with it all :) https://www.mediateuk.co.uk/do-i-need-a-miam/
  • Caz3121
    Caz3121 Posts: 15,840 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    AliC999 - OP has not logged onto this site for 2 years
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