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Post #10019 by Glyn on May 24th 2008, 5:32 PM (in topic “Mediation / Interim orders”)

Mediation / Interim orders:

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

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Post #10018 by Glyn on May 24th 2008, 5:25 PM (in topic “Parenting plan ping pong”)

Parenting plan ping pong: great info!

Thank you so much everyone for the information given and im reading up as much as i can on this matter.
 Thank you dor the suggestion with DIDS, i have posted on there in the past and recently and its a great place to talk with others, im hoping to go to their next meeting in Perth.

 Thank you everyone.

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Post #10016 by Glyn on May 24th 2008, 5:09 PM (in topic “Mediation / Interim orders”)

Mediation / Interim orders:

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

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Post #9958 by Glyn on May 23rd 2008, 5:34 PM (in topic “Mediation / Interim orders”)

Mediation / Interim orders:

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!

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Post #9948 by Glyn on May 23rd 2008, 2:11 PM (in topic “Mediation / Interim orders”)

Mediation / Interim orders:

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?

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Post #9931 by Glyn on May 23rd 2008, 12:16 PM (in topic “Mediation / Interim orders”)

Mediation / Interim orders

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.

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Post #9924 by Glyn on May 23rd 2008, 11:29 AM (in topic “Parenting plan ping pong”)

Parenting plan ping pong:

Many thanks to you both for your time. I will join the suggested area and keep pushing ahead as i feel it is the only way. Thank you.

SecSPCA Can only find one way of going to court without the certificate, under 60I 9(d) would have to find out what classifies as urgency i guess. Many thanks anyway

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Post #9903 by Glyn on May 23rd 2008, 2:56 AM (in topic “Parenting plan ping pong”)

Parenting plan ping pong:

Many thanks SPCA, i was under impression i had to wait again as my solicitor said the Plan meant nothing as it wasn't registered with court as orders? He said i have to back there for a certificate before i can apply for anything?

She has not completely cut me off, its just one day for a half a day maybe per week.

I contacted CSA, they said they dont care about a plan, they are only interested in how many nights. Crazy. Im trying to resear ch the best i can, and i appreciate your help i really do. I will look in the act now and try to find where it says i can do that.

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Post #9897 by Glyn on May 23rd 2008, 1:24 AM (in topic “Parenting plan ping pong”)

Parenting plan ping pong

Hello, Im hoping to get a second opinion from any well informed member here regarding parenting plans and getting my issue before  FM.

In early March the mother of my child (aged now 15 months) attended a Family Dispute Resolution centre as i was having almost no access (she cut me off), and when i did it was a nightmare in regards to when for how long etc.

At the mediation, we aggreed on a parenting plan and had it drawn up to which we both signed. I stated at the time i felt it was best that we also get consent orders - which would reflect what the plan stated so i had piece of mind to which the mother aggreed.

A few weeks ago we both signed the consent orders before a JP and i sent them to my solicitor to be lodged. I thought everything was good as we had a plan, and i was seeing the child frequently and in fact more than the plan stated i would. (2/3 night p/f and 3 days per week)

Last week the mother received a new CSA assessment, and in light of her soon to be reduced payments decided that she would no longer be following the plan in that she wont allow overnight care - im back to once a week now during day.I contacted my solicitor who informs me that i have to go back to mediation.

So my question is, does anyone know of a way around this? effectivley now she will let me see him once a week for a few hours, she will take a fortnight to go to her first meeting like last time, and then another fortnight before the joint one. In effect a month before we get to final meeting where we wont be able to aggree as i want overnight care and reasonable time with him. In the time i will have had 4 contacts when i normally get that in a week. Then i will have to wait for a court date to get orders in the mean time the baby is going to grow up and not have any sort of relationship with me.

He did mention something of an "urgent appeal"?? but said we wouldnt win as she lets me see the boy.

Thanks to anyone who read this and might be able to give me some pointers. Thank you.

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