Basically, we (DH and I) would like to change parts of the Parenting Agreement made between DH and his ex. This is due, largely, to 2 things:
1. there is a lot of irrelevant items now that the kids are older- agreement was made when they were aged 4 months and 1 years, and
2. there is no mention of partners and/or their role.
DH has tried to attend mediation with his ex in the past, but she refuses. It took the 'threat' of court orders to get her to do a parenting agreement (she just wanted to type up her own and have him agree) in the first place, but it was never notarised- she refused.
How do we go about this? She will absolutely refuse to attend mediation, and will refuse to legalise anything. What can we do?
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05-01-2015 11:55 #1
Mediation, or other alternative
05-01-2015 11:57 #2
You go through the mediation process. If she declines to attend, they will give you a certificate stating that and then you are free to begin family law proceedings. Once at court they will very likely order mediation anyway. Good luck with it- it's a very lengthy and expensive process.
05-01-2015 12:38 #3Member
- Join Date
- Jan 2014
I would suggest you write a letter stating why changes are required, benefits of changes etc and stating that you will take legal action if agreement is not reached so your intentions are clear.
In general, it would be unusual to have roles for new partners in court orders as they are focussed on the children and parents. Including partners is likey to create resistance from the ex. I have just agreed consent orders with no mention of my new partner.nand my new partner is in a similar position.
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05-01-2015 13:48 #4
I've not heard of new partners being on custody orders either. As pp said its usually mediation and then a certificate for court.
What is it that you want mentioned about new partners?
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07-01-2015 10:22 #5
In relation to new partners, I meant more in a 'if DH and i have kids, the flexibilities around it' etc. Just a mention, not necessarily anything specific.
Not custody orders, but the parenting agreement.
Custody orders would be different.
Thanks Threekids, we will draft a letter.
So, we just apply for mediation, she gets notice of it, and if she refuses, we can go to court? Sounds easier than I thought (not that I think it will be easy!).
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