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NSW Contravention of Family Court Orders - Family Law Mediation

Discussion in 'Family Law Forum' started by Father giving up, 13 August 2015.

  1. Father giving up

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    Children's mother contravening family court orders regularly but now won't allow children to visit (4 months). Father initiated family law mediation (no lawyers permitted) 6 weeks ago. Ex still has 2 weeks to accept.

    On Friday, father received invitation to mediate - legal aid funded from children's mother (lawyers can be present). Father has until tomorrow to accept.

    Option 1 - Father terminates his mediation and accepts Legal Aid mediation.

    If mediation is not successful, does a judge view mother in a better light for initiating the mediation process?

    Option 2 - Father advises Legal Aid that his mediation process has commenced and he is awaiting acceptance from the children's mother.

    Is the father frowned upon for not accepting mediation from Legal Aid?
     
  2. AllForHer

    AllForHer Well-Known Member

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    Mediation, regardless of who initiated it, is always looked upon well by the court. It shows you're willing to try and negotiate agreement about parenting matters. What's important is that both parties make a genuine effort to reach agreement during mediation.

    Mediation can take a very long time to organise. I would accept the Legal Aid mediation, but don't cancel the mediation you organised. Contact the mediator, discuss the situation, and indicate that you would like to see how the Legal Aid mediation goes first before cancelling it. It might be worthwhile keeping it on the books, especially if you find that you get close to agreement and another mediation session might help.

    The court won't overlook that both you and the mother tried to organise mediation, either.
     
  3. Father giving up

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  4. peter george

    peter george Member

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    don't give up, my ex ignored my attempts at mediation, when I filed for parenting orders initiating and final she was advised by legal aid to initiate mediation through their service however this has since been cancelled by them as I have had the first mention for initial orders. get your applications in.

    Be aware that she has done this because legal aid will not represent her if she is demanding unreasonable requests. your children have a right to see you so they wont represent her for unreasonable reasons. They have a budget, this is why they have requested the mediation so you two can work things out. however it depends on your circumstances

    I just reread your post if she is contravening orders then you need to refile with the family law courts the paperwork that refers to the order being contravened. I witnessed last week a women contravened the orders, the father was given more access to his son because of the time missed.
     

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