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Will her unreasonable behaviour count in court?

  • Joe2020
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04 Apr 12 #321691 by Joe2020
Topic started by Joe2020
I am due a second hearing in 3 weeks. Since the first Directions hearing which was adjourned for mediation my ex has been less than co-operative.

Getting her to attend mediation proved impossible which enabled me to get the case re-listed.

Although technically speaking she did not break the court order, although I''m not that sure,she did attempt to go against some of the courts ''expectations''.
One of those was to agree additional contact and she has only given an extra afternoon.

She refused to have any kind of direct communication from me and insisted I communicate to her through her solicitor.

Three mediation appointments eventually took place. She did not agree to any increase in the contact order. She agreed only to swap my court awarded wed afternoons for wed nights as difficulty taking time of work.
She then rang the mediator the next day and retracted this which thankfully I have in writing.

Of course she will have her side of the story.

Is her behaviour irrelevant when the Judge decides on increasing the contact order?


  • Emma8485
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06 Apr 12 #322087 by Emma8485
Reply from Emma8485
Hi Joe, behaviour of the parties can be relevant yes if its proven to be deliberately done to frustrate proceedings.

However with my limited knowledge of your case she will no doubt say the pregnancy and birth were factors and then demonstrate her "reasonableness" by agreeing to the Wednesday change.

I''d focus on making the judge see why an increase in contact would benefit your children, and not go overboard trying to show them how unreasonable you feel she has been, else it could backfire - there was a case like that recently on here, if I could remember who then I would!


  • Joe2020
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07 Apr 12 #322140 by Joe2020
Reply from Joe2020
You''re right Emma I''m not going to focus on her behaviour once we go to court but I will need to make the Judge aware as I''m sure they don''t read the Position Statements.

The Position Statement itself however as it only refers to events from the first hearing in December, then its full of her unreasonable behaviour as I don''t see what else it could contain.
Avoidance of mediation, attempts to go against some aspects of the court order plus reluctance to agree an increase in contact at mediation.

At the moment she is constantly given me new things to add to my Statement so I''m like a little boy in a candy store.
I''m so fortunate that my ex is basically stupid.

Yes she can and she will hide behind her pregnancy but she can''t use it to account for all her actions especially those that have occurred since the birth now 6 weeks ago.

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