Hi, I applied for a
contact order for my son and at the first court appearance the judge ordered me and my ex to attend family
. At my first session the mediation
officer said we would be working towards a contact plan together and not the court, i'm worried as i wanted the court to add a penal notice to the court order, so my question is how much weight, if any, does the family:dry: mediation contact plan have if my ex doesn't comply with it?, or do the court rubber stamp it?, and also can i insist that the court draw up an order?
While the ideal is to come to agreement so that you don't need a court order, it would be possible for the court to make an order in agreed terms.
Under the Children Act there is what is known as the 'no order' principal, which effectivly says that a court should not make an order unless they are satisfied that it is necessary - i.e. the default position should be that there is no order.
That said, many Judges do in practice recognise that an order can be very helpful in ensuring that both of you are clear on what has been agreed,.
When you were at court, did the court set a date for you to return to court for a further review, once the mediation
had taken place?
The next court date is 17th march but we have two
mediation sessions that have yet to be arranged.The mediation officer said the court date would be adjourned if we haven't had them by then, and we may not have to go at all if we reach an agreement over contact through mediation.