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20th October 2016, 03:53:AM #1
Mediation again first, or straight to court?
I am separated from the mother of my son who I was not married to, for various reasons I am not named on the birth certificate - paternity is not questioned - no contact arrangements have ever been put in writing and I'm aware this whole present position gives me no legal rights regarding my son.
Without going in to all the details the amount of contact she facilitates is patchy at best, as we don't always get along. What doesn't help is the fact I live about 150 miles away so when she has cooperated it's only been for once a month albeit for about 5 or 6 hours.
When things have been cordial between us there have been periods of about 5 or 6 months when she's allowed me to visit, she sent me pictures or video clips etc of him every week or so.
Last year things became very difficult for us and I felt forced to take things further. I'd previously sent her a recorded delivery letter pleading for us to come to an arrangement which she didn't reply to so I went to a Mediation service who took on my case (or whatever it is they call it) and they got in touch with her local mediators and made an appointment for her. However before her meeting took place we agreed to deal with this amicably so I subsequently contacted the Mediators to cancel the service.
Things have now regressed and I'm left with the only option of needing to take further action to ensure contact with my son. I'm aware a court will want to see mediation has been attempted - although we agreed to work together before she had her appointment would that qualify me as being able to now approach a court? Or will I need to go back to mediation first for her to either officially try or refuse their intervention?
4th November 2016, 10:11:AM #2
Re: Mediation again first, or straight to court?
You will need to go to mediation again I am afraid. The appointment you need is a MIAM ( Mediation, Information and Assessment Meeting). You must do this unless one of the exemptions applies these include allegations of domestic violence, urgency or a previous MIAM within four months. As your previous appointment was last year you will need to get a Form FM1 signed by a mediator and then if you do not continue in mediation you will be able to send this form to the court when you issue an application.
Good Luck and best wishesI work for Howlett Clarke Solicitors. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance.
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