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Advice Needed

  • kirstyg1234
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11 Dec 09 #168762 by kirstyg1234
Topic started by kirstyg1234
Hi

Been reading the different threads for a while now and have a few questions I hope you can help with regarding my partners divorce process. (My partner and his STBX have both appointed lawyers.)

My partners STBX stopped all access to the children.

My partner requested that they attend mediation however his STBX said no. No explanation was given.

He therefore applied for a contact order to see his children, and a date was fixed to appear in court.

The day we received confirmation of the court date his STBX changed her mind regarding attending mediation.

When he and his STBX appeared in court the judge adjourned the case to allow mediation to run it’s course.

A court date has been set for early in the New Year, however the mediation sessions are not yet complete.

If mediation is not yet complete is it likely that the judge will adjourn the case again?

Is it possible to ask for the court date to be put back?

(I know we should be talking to our solicitor regarding this but are worried that the legal costs are mounting up and would appreciate some advice)

Thank you in advance.

  • eyes on horizon
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11 Dec 09 #168764 by eyes on horizon
Reply from eyes on horizon
I think as long as no agreement has been made (by way of Consent Order) then a judge has nothing to 'rubber stamp' and would have to postpone until mediation had either run its course or an agreement had been made. Ensure to give the courts plenty of notice however this is not always possible.
Are Cafcass invovled? What was the reason behind the contact being withheld? If no contact continues for no good reason then your partner should at least ask for interm contact whilst the formal or consented order are determined.

  • kirstyg1234
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11 Dec 09 #168769 by kirstyg1234
Reply from kirstyg1234
His STBX is saying that she is not stopping them from seeing the children but that they do not want to see him. (ages 4 & 13).

(I'm not sure about CAFCASS - will have to check)

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