Ask a Family Law Question, Get an Answer ASAP!
Hi, I’m Lea and I will be assisting you with your query today.
Can you explain a bit more about what you need to know regarding your parental responsibility dispute?
The following is useful info to assist you with the site:
Thank you for the background information - so what is your legal question about this?
Yes, they can go ahead and make an application to court. Mediation is a step that has to be tried before they can apply to court - so even if you decide not to attend, the applicant will have to attend what is known as a MIAM in order to get the application to court signed off. That is a legal requirement. The mediator is the one that should contact you at that stage, but you are free to refuse to attend mediation if you don't want to go.
The main issue with not attending mediation is that the matter can get to court and be adjourned with an order for you to attend mediation, but I don't think that will happen in your case as the issue is clearly a serious one that requires a court decision if the two of you are already not in agreement.
You formally oppose when you receive the court papers. You will receive a C7 acknowledgment form along with a copy of the C100 application, and you will respond on that.
No, the mediator mediates to see if agreement can be reached. If not, the mediator signs the mother's application form and she can apply to court.
Yes, they could try again - but they'd have to wait a period of time for something material to change that meant a second application was needed.
Yes, definitely - you should not be pushed out of the children's lives, that is not going to be in the children's best interests.
You can apply for a child arrangements order.
You do this on form C100, and the cost is £215 unless you are on a low income or benefits in which case you may be entitled to fee remission, see form EX160. The court will make a decision based on the best interests of the child.
Find a mediator here: www.familymediationcouncil.org.uk
C100 form: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/946762/c100-eng.pdf
EX160 form: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/952045/ex160-eng.pdf
E160A Notes: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/958038/ex160a-eng.pdf
You're very welcome.
All the best.