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Mediation / Interim orders

Dad needs pointing the right way please

Hello all,
I am wondering if i may get some advice or be pointed in the right direction with regards to Interim orders.

A brief scenario of the situation is:
The little boy is 15 months, there is a parenting plan drawn up at mediation 3 months ago in place which has been followed. My sons mother has now decided, since receiving a letter from CSA in regards to her payments (i believe) decided to refuse overnight care altogether - previously 3 nights p/f - and limit visits to once per week - previously 2/3 days per week.

I  spoke to my solicitor he stated i must go through the entire mediation process again.

Being that the FDR was only 3 months ago, and that session was following a period of 3 months where she with held access, i am hoping to find information about how i can get the matter before a judge.

Everything i have researched so far, states Interim orders must be accompanied by request for final orders, and without a certificate the only exemption i can think to apply is under 60I-9(d) . With regards to Urgency im not sure the court would think its urgent i spend time with my son?

Although new to the concept of SLR having seen some costs involved i feel it is the best way, and appreciate any pointers.
Try looking at the situation from what is in the best interests of your child/ren.
Unfortunately there is a need for you to be seen as acting to retain contact and at the same time act to retain your child/ren's right to have contact with you. A balancing act of a challenging kind.
Be mindful that solicitors need to be instructed and that requires of you to inform yourself for that purpose. Should you feel confident enough you might consider self-representing, only you know your capabilities.
I do understand that interim orders are simply temporary and conditionall until Final Orders are determined by the court, or, preferrably agreed to by consent.
The behaviour of your ex-partner is not in her interests if my understanding of court outcomes is rational.
Being seen to be a loving parent who acts always in the best interest of the child/ren is what the court looks for and rewards with contact when a case is properly advocated.
I shall leave it to others to write about your situation in more detail.
Wishing you well.

What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha
Thank you verdad, i wish to be involved as much as possible hence me trying to get something done. I understand your comment with solicitors however i feel there must be another way rather than waiting months to get a certificate so i can apply for interim orders.

Fingers crossed, there is someone out there that has been in a similar situation?

Mediation and Interim Orders

My circumstances shared the same dilemma, in a way.

I attempted mediation over 2 years ago, and the mother refused to participate. Since then I have emailed her a number of invitations/options for private negotiation/discussion. I simply wrote down suggested parenting arrangements, indicated that I wanted to discuss further from her and get her opinion.

The mother refused to discuss and in fact ignored most of my requests, but in some she replied saying she will not change the arrangement imposed on me by her.

As a result I initiated legal proceedings.

Now technically, I did not have a certificate from the FRC, so it could have been argued that I did not comply with the pre-court procedures.

But on my understanding of the rules, another exemption to mediation is if one of the parties displays a non-genuine effort to mediate.

It is this argument I ran with, and my hearing would have tested this presumption on my part.

I was quite confident in my stand, however the mother changed the rules, and so my hearing went in another direction, and this issue was bypassed, unfortunately.

But my suggestion to you would be to make a number of written invitations to her (email would be good because it is immediate) and put forward a suggested timetable, and ask for her feedback or just dialogue.

If you get several rejections from her, you may have enough to show that she is not willing to genuinely engage in mediation with you, and this may be enough for you to overcome the pre-court procedures, and initiate proceedings.

In any case, it may give you a better understanding as to why she has changed the parenting arrangement on you.

 
Thank you Isys, i shall certainly take that on board and run with it. I think its just a matter of time, unfortunately as you yourself no doubt know waiting months to get enough evidence isn't really appropriate whilst our children are growing up.

I also cant understand how the law differes between us, we were both on a plan, she decided not to follow it but i have to arrange mediation. One would think she would have to request mediation to change it. How bizarre!

Consent

Do you have consent orders? Check with the court. If you have consent orders that are registered with the court, you are looking at a contravention - you do not require any more mediation.
We are not sure what you have; you seem confused.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 

Be Carefull - In some situations a Mediation Certificate is required before filing a Cantravention

The requirement for parties to attempt Primary Dispute resolution applies in some circumstance before filing a contavention application. The issue is when the orders were originaly made (even if by consent). I susgest reading the Family law act.

For me - Shared Parenting is a Reality - Maybe it can be for you too!
Glyn said "there is a parenting plan drawn up at mediation." Is this is an agreement written on paper and signed by both parents in front of a witness? If yes to me, you have a written contract for a right enforceable if you physically attempt to exercise your right as per the written agreement.

Is the parenting plan registered with the Court? If not see if you can to ensure enforceability of the plan. 63B(d) and (e) admit the plan is made by agreement thereby supports the Law of agreement for enforcement of the plan in my thinking. Others don't like that thought but with the number of agreements being made in mediation those others probably should look closer at enforcing those agreements made that comply with 63(B)© of the Act.

Glyn said "which has been followed" Can you prove the agreement has been followed, if so you have, to me, prima facie or solid provable status quo depending on the evidence and time between last compliance with the plan and today. You need to physically seek your rights as per the plan and have proper evidence (witnesses) to you seeking to enforce your rights per the plan.  

Glyn said "My sons mother has now decided,… decided to refuse overnight care altogether… and limit visits to once per week". Can you prove you have physically attempted to exercise your rights as to the agreement or has she just said no to you over the ph?
monteverdi said
Do you have consent orders? Check with the court. If you have consent orders that are registered with the court, you are looking at a contravention - you do not require any more mediation.
We are not sure what you have; you seem confused.
 
Hi Montevardi, No i do not have registered consent orders. What i have is a signed and dated parenting plan. I also have signed consent orders, that were not lodged due to her faxing the court and saying she was under duress at time of signing.

Apologies for sounding confused, not sure where you are referring to

FRC certificate

In the first instance, approach the mediation centre you used and ask for a certificate. Explain about the plan and consent orders, and say that you wish to go to court. Inform them about her response to the CSA letter; she is not the first to do that and will not be the last.

Monti

PS The confused bit is my state of mind!

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
monteverdi said
In the first instance, approach the mediation centre you used and ask for a certificate. Explain about the plan and consent orders, and say that you wish to go to court. Inform them about her response to the CSA letter; she is not the first to do that and will not be the last.

Monti

PS The confused bit is my state of mind!
  Hi Monti, i tried to get in touch with the mediator we used last time, and she is on holiday in europe - oh joy- i managed to see another private one last night and she is posting a letter asking the mother to come to a meeting. At least i have some forward process going on, if the first mediator returns i think i can get a cert without trouble, but i want to cover all bases.

Ok, no worries, glad i wasnt too incomprehensible as i do have a habit of rambling on mate
Glyn said
monteverdi said
Do you have consent orders? Check with the court. If you have consent orders that are registered with the court, you are looking at a contravention - you do not require any more mediation.
We are not sure what you have; you seem confused.
 
Hi Montevardi, No i do not have registered consent orders. What i have is a signed and dated parenting plan. I also have signed consent orders, that were not lodged due to her faxing the court and saying she was under duress at time of signing.

Apologies for sounding confused, not sure where you are referring to
  Unfortunately Parenting Plans are not enforceable and so really aren't worth the paper they are written on. Why on earth FRCs insist on pushing them, (especially in volitile cases) amazes me. There is urgent need for law reform around Parenting plans. Anyone agree? 

Plans

I must admit to having a bad experience with parenting plans. In my case the ex did not allow Christmas day contact - all I had was a plan; it was worthless. Contact orders are the way to go, forget parenting plans.
Testing-one-two said
Unfortunately Parenting Plans are not enforceable and so really aren't worth the paper they are written on. Why on earth FRCs insist on pushing them, (especially in volitile cases) amazes me. There is urgent need for law reform around Parenting plans. Anyone agree?
There is a section on this guide Parenting Plans vs Orders Its not really a question of law reform - but education.The FRCs like them because they do not 'sound' as harsh as orders, however if people are prepared to commit to paper then it is a small step to rewrite plans as orders which the Courts can enforce.

SRL-R as a group will not even help you write a plan - a set of orders Yes!

Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
Glyn

I think pushing the idea that spending time with your son is urgent is important.
While they sometimes rush to help women without children - I think (my opinion - no 'proof') - they hope that it will go away - the man will come to his senses bend over, give up and do what the government really wants them to do.

 Maybe I am not explaining myself well enough
Jon,
      I'd advise the same but in a different way. Rather than pushing for Glyn spending time with his son, that it is more in line with the best interests of the child, if Glyn push the importance of the son spending time with him.

I'm also concerned that Glyn will be pushed into accepting less contact. So perhaps Glyn should take this opportunity to push for greater contact, which is again in the best interest of the child.

I'm just wondering also if the mother has been told to create more friction to perhaps take advantage of the recent press with regard to shared care.

Glyn,
       I'd suggest printing this; The problem with caution and taking this with you just in case they try using the McIntosh/Chisolm Study against you. The article using the McIntosh/Chisolm study is here, McIntosh & Chisholm Report Critical of Shared Parenting. Read this as well to get to understand if they start trying this one on. I might be being a little sceptical, however, I think I recall something saying that this has already being used by a mediator.

Correction

Mike T - you are right about the mediator using the Dr Jen McIntosh report, however there is more to this than meets the eye. It seems the mediator was misled by a very serious allegation made by the other party. This may have clouded his/her judgement. This person might have thought that her/his comments were needed. It should be noted that the other party did not know of these allegations.

The mediator should not of said what they did, but at least we now know more of the background. Can not say much more as this is on going and I am involved!
Secretary SPCA said
We have since discovered, or should I say been written to, and told the party involved was not a Mediator but in fact a "Family Advisor" that held these views. We are told the role of the "Family Advisor" is to make a comprehensive assesment with both parties and make appropriate referrals. One of these referrals can be mediation (Dispute resolution). Clearly this is not the end of this matter.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
Posts from this topic have been moved by members. 1 posts have been transferred to topicview.

Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
No Justice,
    to add to the discussion and again I'll admit to not being that conversant with legislation and it's interpretation, my take on this is that the "not enforcable", means that there can be no contempt/contravention proceedings or police enforcement for a plan. However if the matter comes before court then the plan should be considered.
No Justice

Parenting plans can no longer be registered with the Fam Courts after changes to the Act in July 2006. They are 'intent' only documents and in any subsequent action will be only viewed by the Court as a reflection of the parties intentions.

As a document they are 'useless' for contravention proceedings because they are not orders.

If parties have orders and then subsequently have a plan, the legal position does change.

I am also rather surprised that the site document you refer to has been here for over 9 months, does anybody read the 'guide' section of this portal?

Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
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