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  1. #1
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    Default Saying no to mediation

    Hi all. Long story short fob has crack it at me and said he won't have the kids anymore. I don't know how long he will stick to that as he is forever changing his mind but I expect he will call mediation and again. I'm just wondering what will happen if I say no to going as it will be a waste of time as he is always changing his mind in what he wants.
    Anyone have experience in refusing to go again?

  2. #2
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    And that means whatever decision we end up with is legally binding and can't be changed?

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    So I'm better off just saying no. Might look bad to me but it will be the easiest way to make what he sets stick.
    Thanks for the replies

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    If you say no it will look bad on you when the judge is making the decision. it wont be up to your and your ex to have input into what happens and you wont necessarily like what decision has been made. Ultimately court ordered or not you cant force him to take them

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    From a legal point of view it doesn't look good and will not work in your favour.
    Being seen to use the system to your favour is frowned upon.
    You also wont have a say in what the judge orders so it could back fire on you.

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    I honestly will be happy with whatever the judge says. I know he wants to see his kids but he just wants to change what when at the drop of a hat and expect me to be happy with that

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    Can you go to mediation and come to some sort of agreement? Once there is an agreement then get that turned into Orders by Consent?

    These are legally binding and are harder to change. It is getting an informal agreement stamped of by the courts.

    It is a lot cheaper than going the whole way through the court process and a lot less stressful.

    As someone who spend over $80,000 on family court I would go with mediation and consent orders which are much cheaper.

    Going to court you run the risk of it all backfiring and putting your kids through family reports and the like.

    ETA talk to a family lawyer and see what your options and the best and worst case scenarios are.
    Last edited by PomPoms; 12-08-2014 at 10:50.

  8. The Following User Says Thank You to PomPoms For This Useful Post:

    Maia  (12-08-2014)

  9. #8
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    We have been to mediation before and maybe 3 months later he changes his mind and wants to change them. Or what he said he is ok with after having it all written up he says he never agreed to that and they obviously changed it without his permission. It's always the same stuff. So I'm hoping if it just goes straight to court it will make him stick to what he agrees to the first time

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    If you go to court it probably wont change anything. A court will say what the agreement is a try to make you stick with it but if he decides not to see the kids they don't do much. sadly we can be forced to send kids but they cant be forced to take them even with a court order. if he doesn't take them you then need to pay to go to have the courts look at it again but as soon as he wants them again he will again be given access. court is NOT the best option for most people

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    My DP's ex wife refused to turn up to mediation. It went to court and the judge favoured DP, he got way more access to his 3 kids than his ex was willing to give.


 

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