Court application without mediation

[Ash]

If there are no court orders in place at the moment then you'll just have to pay what they tell you unfortunately. If there's an existing court order that says two nights a week you can tell CMS that she is breaching the order and they are court ordered to spend two nights a week with you and send them a copy of the order. But I'm guessing you don't have an order at the moment.

Don't withold the payment or they'll just bombard you with letters about arrears and you'll end up having to pay anyway.

 

[Jon_boy]

No you need to book a mediator appointment first. Google family mediators in the area, phone round them and ask for an early appointment. The MIAM fee varies in different areas but at least £100. You go for your first session. You can ask to be signed off but the mediator will probably want you to try mediation and invite your ex to the next session. If your ex says no she's not coming then you get signed off. But have your application ready to go as soon as you're signed off or she might suspect you're intending to apply to court and put her own application in first to wrong foot you.

Hi Ash,

Why would you see the need to apply immediately after the initial MAIM session, as this would assume the ex has already had a MAIM meeting. Isn't it more likely the case that if Dadneedsaccess goes the the MAIM meeting, she would still need to do the same to apply to the court?

 

[Ash]

Hi Ash,

Why would you see the need to apply immediately after the initial MAIM session, as this would assume the ex has already had a MAIM meeting. Isn't it more likely the case that if Dadneedsaccess goes the the MAIM meeting, she would still need to do the same to apply to the court?

It's not immediately after the MIAM session - it's after the mediation sign-off (after a MIAM). It's a legal requirement for submitting a C100 to have attended a MIAM and had a mediation sign off. If progressing with mediation then yes, sometimes both parties have a MIAM - but not always. Sometimes the ex is just invited to the next mediation session after the initial MIAM by one parent (the Dad in this case). Mediators are often reluctant to sign you off without you having attempted mediation but will usually do so if it is requested with reason. The reason to apply immediately after an ex declines mediation (after being invited) is because the ex will then know that a court application is in the offing and is likely to apply first.

If he is signed off mediation then she is as well! Point taken but ex's sometimes apply saying they are exempt from mediation if they are claiming domestic abuse, and then the Dad doesn't even know she's applied to court. Or they get a quick MIAM sign off elsewhere.