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Ex seeking to get a hearing cancelled

  • SpencerPerceval
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03 Oct 12 #359153 by SpencerPerceval
Topic started by SpencerPerceval
Back in the summer ex-took me to court seeking Sole Residency of the kids. Her case was groundless and at Court I instructed my barrister that I would cross litigate if she proceeded. She dropped the litigation. But we still went in to see the judge who made a contact order and also ordered us onto PIP parenting course and to a Media Information Meeting in the hope that we would settle further contact between us.

NB: Case set aside with liberty to apply for either party to apply to the court for Review/Directions for 12 months.

We both attended the course and MIM but ex declined to enter mediation. I wrote to her requesting more contact. She did not reply. I set out the facts in a letter to the court and asked them to relist. They have nand we now have a date to go back to Court.

Now ex has suddenly agreed to one of my contact requests "with a view to avoiding court" and I have had a call from a mediator saying ex is "offering one session of mediation".

To be honest I am relaxed about going to Court as events over the summer set precedents re contact patterns in my favour. I am suspicious that this is a ruse by Ex in order to make herself look a a bit better in front of the judge....or in her ideal world avoid court altogether by getting the case set aside.

Question: what would the Court require in order to set the case aside or cancel the hearing? A Consent Order agreed by both parties and submitted for approval? (Like a financial case?) Or something else?

  • disneybunny
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04 Oct 12 #359250 by disneybunny
Reply from disneybunny
I''m not sure but think court would want you to attend the mediation session and may put the case back till this is done. If ex is offering a deal maybe you should consider it as long as you have it all in writing. In the long run if it fails it will strengthen your case.

  • SpencerPerceval
  • SpencerPerceval's Avatar Posted by
  • Senior Member
  • Senior Member
04 Oct 12 #359304 by SpencerPerceval
Reply from SpencerPerceval
Thank you Disney Bunny
Having slept on it I will attend mediation then we can use the court case to put any agreements into an order. I think that is sensible...?

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