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Bringing a court date forward

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02 Jul 12 #340492 by staffydog
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Hi all,

Current contact-Every Tuesday pick up from RPs to take to school, pick up from school, return to RP''s at 7pm (or thereabouts).

I have requested EO Friday from school to Monday drop off, midweek overnights every Tuesday and also Wednesday.

Every other weekend, Friday 4pm from RP''s to Monday school drop off.

Brief history;

RP refused my suggestions of mediation and refused to directly discuss and progress contact so I submitted a C100 end of last year, first hearing in Feb ''11 where Sunday night contact was coerced out of RP by DJ. Order to attend PIP then the PIP+ course and mediation before second hearing in May.

RP left it till late to attend PIP+, meaning no time for mediation before the second hearing, mediation was booked for 11th June, RP''s Solicitors asked for the case to be adjourned, which we did not find out until we turned up for court.

Attended mediation and discussed the Tuesday overnights, RP refused to make a decision there and then, despite knowing since September 2011 what was being requested, all she would say is that she considered it too unsettling and a lot of going back and forth for our D (Age 6). She agreed to let me know her decision via email by the end of June. Surprising (not) she said no and so mediation is no longer an option (mediator stated that if we could not agree to at least try it she could no longer help us).

I knew full well she would refuse, we asked the DJ in the May hearing if we could list the next one as a Contested hearing, as I knew she would not agree, IMO she is just stalling and going through the motions with mediation.

We have another ''review'' listing for September, but quite what use this will be now I''m not sure.

Is it possible to either get the hearing brought forward or changed to a contested one, I''m concerned that RP is just wasting time, as it stands if we go in September and nothing is achieved then it''ll be at least another 3 months after that.

Thanks

S

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02 Jul 12 #340542 by BoysMum
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Hi Staffydog,

Are you asking for Tues & Weds overnight every week?

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02 Jul 12 #340543 by staffydog
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Yup..

*Waits for the gasps of disbelief*

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02 Jul 12 #340546 by BoysMum
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Lol........

I think it''s admirable that you want to be such a big part of your child''s life :)

Your asking for quite a big leap in contact. That''s not a criticism. When did you last have overnight contact? Maybe Mum would prefer contact to build up gradually and at the child''s pace, especially as she is only 6 yrs old.

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02 Jul 12 #340551 by staffydog
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When did I last have overnight? -Last Night :)

I already do have overnight, EOWE, Friday to Monday AM. I have taken her on holiday for 7 nights when she was 4 and School holidays are split 50/50, so Easter for EG was 7 nights with me.

As for the Tuesdays, I take her and pick her up from school, she has an activity at the school so this is 3.30. I arranged swimming lessons, which start at 4.30, so we get 15 mins at home before we leave for them, we get back at about 5.30, I cook her dinner then bath her, that is all we have time for, it is very very rushed to get her back for 7pm.

I mentioned this at mediation, mum''s reply was ''you booked the swimming lessons on a day you could have been spending time with her'', (I do stay and watch her learning from the side of the pool.)

Silly me for thinking that it''s important that kids learn to swim, I did ask her what other day I should take her for her weekly lessons, but did not get any response.

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02 Jul 12 #340555 by BoysMum
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Sorry, I didn''t think I has read the original post right :S

It certainly seems that Mum is trying to drag her heels. I don''t know if you can bring the court date forward but someone with legal knowledge on here will be able to tell you. I would think that Sept hearing is to see how contact is progressing and by the sounds of it, your doing a great job. Extending the midweek contact seems like a perfectly normal progression.

I think your daughter is a very lucky girl :)

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02 Jul 12 #340559 by staffydog
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Thanks for your replies BM, although I am the lucky one.

On further research I don''t think I can change the date of the hearing so will have to wait till then and hope the full hearing is not too long after. Then cross my fingers.

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