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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
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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.

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04 Oct 12 #359304 by SpencerPerceval
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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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