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MIAM - when time limit applies from

  • Emlouw
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06 Sep 20 #514000 by Emlouw
Topic started by Emlouw
Hi all
Me and ex hubby attended MIAM February 2020
Classed as unsuitable
I asked for part 4b to allow me to file Form A
This was Signed by mediator and issued on 3rd March 2020
Since then ex hubby has filed a C100 and filed the FM1 from the same meeting but his is dated 9th July
Is the four months from date of meeting or date of FM1 issue?
Also the February MIAM was based on purely financial matters. This is now a substantially different matter
I would like to attend a new MIAM for discussing our daughter and trying to come to an arrangement that suits her and my ex
Any thoughts would be welcomed
Many thanks

  • hadenoughnow
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06 Sep 20 #514003 by hadenoughnow
Reply from hadenoughnow
He may have asked for the sign off to be updated. Validity is four months from date of sign off.

You can propose further mediation to resolve child matters but if he won't agree, you will have to ask for the court's assistance to sort things out.

Have you filed Form A?


  • Emlouw
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06 Sep 20 #514006 by Emlouw
Reply from Emlouw
Hi Haden
I have filed Form A back in June. My concern is that this family court matter could not be classed as " relating to the same or substantially the same dispute" as it relates to a C100 for him as opposed to a Form A for me
When we attended MIAM in Feb it was on his request to sort out "financial matters" only. (this is what is written on my invitation to mediate form from the mediation service) At that time we did not discuss our daughter but I was told by the mediator that this could be revisited at a later date. I have offered on several occasions prior to C100 being issued by my ex that I would happily attend further mediation to allow us to discuss our daughter. I spoke with the mediator that signed off his FM1 in July and she said she considers that we are still unsuitable for mediation but had not taken into account that it was based on a different subject. I would like to be able to pause the C100 as my ex has a history of domestic abuse and stalking that will undoubtedly be revealed during safeguarding risk assessment Cafcass telephone call. At the moment he is seeing our daughter at least x 2 a week inc one overnight stay and I would hate this to end up with reduced visits in a contact centre due to his arrogance and refusal to understand the consequence of filing Form 100. He has a good relationship with our daughter at present and I would like them to maintain this. If the FM1 has been dated incorrectly as in substantially different matter then I wanted to highlight this to his solicitor and hope they pull it to attend a new mediation meeting to see if we can resolve amicably. Many thanks in advance

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