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Divorce Mediation (1 Viewer)

  • Thread starter shmmeee
  • Start date Apr 28, 2022
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shmmeee

Well-Known Member
  • Apr 28, 2022
  • #1
Just got to a point with my ex where informal agreement isn’t working so I’ve requested mediation on custody issues.

Anyone been through it and can tell me what to expect?
 
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rob9872

Well-Known Member
  • Apr 28, 2022
  • #2
Not been through it myself, but from friends who have, basically that tiny dangly ting between your legs means you're fekked and have no rights.
 
Reactions: RegiswasGod, shmmeee and Otis

Otis

Well-Known Member
  • Apr 28, 2022
  • #3
shmmeee said:
Just got to a point with my ex where informal agreement isn’t working so I’ve requested mediation on custody issues.

Anyone been through it and can tell me what to expect?
Click to expand...
Haven't got that far yet, Shmmeee. At the moment we are going down the Amicable route.


If that doesn't work, I will be looking at F*ckU.com
 
Reactions: Sky_Blue_Dreamer and no_loyalty

stay_up_skyblues

Well-Known Member
  • Apr 28, 2022
  • #4
I tried it with my ex girlfriend when she stopped my daughter seeing me when I met my now wife. This was 7/8 years ago. We both had an individual meeting with the mediator to get our points across and then should have embarked on a number of joint meetings to agree an action plan.

We actually lasted about 20 minutes in the first meeting before the ex walked out in a flood of crocodile tears. The mediator tried her hardest but my ex just kept on about irrelevant things about me/us rather than the daughter.

The mediator said I should just take her to court as you don’t get anywhere with these types

Ultimately their aim is to agree something to suit all parties but with the kids best interest central. In practice that usually means regular access for Dad provided there’s no drugs/alcoholism/violence etc. involved.

If your ex isn't totally unreasonable it’s definitely worthwhile and in any case you have to do it before you can go through court process. Otherwise the courts will just send you back to mediation.

Anything agreed in mediation isn’t legally binding but very persuasive to the courts. They will write to you both at the end in report format outlining what was agreed (if anything) or whether they recommend it proceeds to court if nothing was agreed.

My experience didn’t involve divorce, purely child custody/access.
 
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stay_up_skyblues

Well-Known Member
  • Apr 28, 2022
  • #5
PS, after mediation I sat down with a solicitor on a fixed fee basis and they wrote to her with a final warning type wording. That did the trick and it’s all forgotten now.

I don’t envy anyone going through access issues with their children, it’s dreadful and consumes you. But generally it does sort itself out given a bit of time.
 
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shmmeee

Well-Known Member
  • Apr 28, 2022
  • #6
stay_up_skyblues said:
I tried it with my ex girlfriend when she stopped my daughter seeing me when I met my now wife. This was 7/8 years ago. We both had an individual meeting with the mediator to get our points across and then should have embarked on a number of joint meetings to agree an action plan.

We actually lasted about 20 minutes in the first meeting before the ex walked out in a flood of crocodile tears. The mediator tried her hardest but my ex just kept on about irrelevant things about me/us rather than the daughter.

The mediator said I should just take her to court as you don’t get anywhere with these types

Ultimately their aim is to agree something to suit all parties but with the kids best interest central. In practice that usually means regular access for Dad provided there’s no drugs/alcoholism/violence etc. involved.

If your ex isn't totally unreasonable it’s definitely worthwhile and in any case you have to do it before you can go through court process. Otherwise the courts will just send you back to mediation.

Anything agreed in mediation isn’t legally binding but very persuasive to the courts. They will write to you both at the end in report format outlining what was agreed (if anything) or whether they recommend it proceeds to court if nothing was agreed.

My experience didn’t involve divorce, purely child custody/access.
Click to expand...

Im not holding out much hope. Since I got a decent paying job she seems set of breaking the 50;50 we’ve had for years so she can claim child support. But as you say it’s a required step on the way to court.

Just don’t get why people are like this with kids FFS.
 
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shmmeee

Well-Known Member
  • Apr 28, 2022
  • #7
stay_up_skyblues said:
PS, after mediation I sat down with a solicitor on a fixed fee basis and they wrote to her with a final warning type wording. That did the trick and it’s all forgotten now.

I don’t envy anyone going through access issues with their children, it’s dreadful and consumes you. But generally it does sort itself out given a bit of time.
Click to expand...

Interesting. Any idea what that cost if you don’t mind sharing? Any time lawyers get involved I get scared of the bills lol
 

Covkid1968#

Well-Known Member
  • Apr 28, 2022
  • #8
shmmeee said:
Im not holding out much hope. Since I got a decent paying job she seems set of breaking the 50;50 we’ve had for years so she can claim child support. But as you say it’s a required step on the way to court.

Just don’t get why people are like this with kids FFS.
Click to expand...
Nearly always the bloke who is reasonable aswell. The court will insist you have gone through it before you get to court. I’ve been through it… used a lovely lady in Nuneaton if I recall. Twas a good number of years ago so things have changed I guess. Best of luck mate
 
Reactions: stay_up_skyblues and shmmeee

stay_up_skyblues

Well-Known Member
  • Apr 28, 2022
  • #9
shmmeee said:
Interesting. Any idea what that cost if you don’t mind sharing? Any time lawyers get involved I get scared of the bills lol
Click to expand...

From memory the sit down with the solicitor and letter was around £150, definitively sub £200. Think the mediation sit down and first meeting was about £70.

If you have to (I’m sure you won’t) you can do all the court stuff yourself. Like most civil things it’s just a case of filling in the relevant form. Unless you/she would argue the kids are not safe or push for 100% custody then there’s really no need for lawyers. I can’t remember the website but I found one that talked you through the process and it looked simple enough.
 
Reactions: shmmeee

stay_up_skyblues

Well-Known Member
  • Apr 28, 2022
  • #10
shmmeee said:
Im not holding out much hope. Since I got a decent paying job she seems set of breaking the 50;50 we’ve had for years so she can claim child support. But as you say it’s a required step on the way to court.

Just don’t get why people are like this with kids FFS.
Click to expand...

I think I’ve always paid a bit more than I should to avoid that tbf. Initially my daughter came for at most four nights a month and then when she got comfortable with her now step mum and step brother she’s here for several nights at a time, often ad-hoc too (e.g. her mum text yesterday and asked if I wanted to keep her until Monday night instead of taking her back Sunday given the bank holiday).

I totted up the number of nights she stayed over last 12 months and did the online calculator again and I’m now paying over the odds. But I don’t mind, not worth the hassle even suggesting changing after the fun and games in the past
 
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Houchens Head

Fairly well known member from Malvern
  • Apr 28, 2022
  • #11
I was a trained mediator with the council, but not for marital issues. It was for neighbourhood disputes, which could get quite hairy at times. Worst case was when a family found out that their next door neighbour's daughter had given her younger brother a 'blow job'. The age of the girl? Just 10 and the brother was 8. Very harrowing case. The neighbours found out through a family member and wanted them moved.
 
Reactions: shmmeee

rob9872

Well-Known Member
  • Apr 28, 2022
  • #12
Houchens Head said:
I was a trained mediator with the council, but not for marital issues. It was for neighbourhood disputes, which could get quite hairy at times. Worst case was when a family found out that their next door neighbour's daughter had given her younger brother a 'blow job'. The age of the girl? Just 10 and the brother was 8. Very harrowing case. The neighbours found out through a family member and wanted them moved.
Click to expand...
Cromwell close, Gloucester
 

chiefdave

Well-Known Member
  • Apr 28, 2022
  • #13
shmmeee said:
Just got to a point with my ex where informal agreement isn’t working so I’ve requested mediation on custody issues.

Anyone been through it and can tell me what to expect?
Click to expand...
Sorry to hear that mate, it can be incredibly stressful. Probably not what you want to hear but I ended up with the best part of £100K to pay out. When it was all done I was absolutely broke and she had a nice pile of cash.

The law is ancient and is essentially written in a way that means the man has to pay the woman no matter who, if anyone is to blame. They can even come after future earnings and pension so what happened in my case was a demand for a set amount and then draw a line under it and not come after any future earning. I saw two solicitors and they both advised the same thing. If you fight it you'll spend a fortune in legal fees and essentially it will come down to what sort of mood a judge is in and more often than not they side with the woman.
 
Reactions: shmmeee

Houchens Head

Fairly well known member from Malvern
  • Apr 28, 2022
  • #14
rob9872 said:
Cromwell close, Gloucester
Click to expand...
Not quite Rob. It was in Courthouse Green, but that's all I can say for obvious reasons. I'd gone on this case to support a female worker who was the case worker. I think we ended up supporting each other.
 
Reactions: Otis, duffer and rob9872
M

Macca1987

Well-Known Member
  • Apr 29, 2022
  • #15
Went through mediation shmmeee, was mainly financial as she walked out and left me with the kids (they were 15 and 13 at the time) she was more interested in trying to take me for everything. Wouldn't sit in the same room as me, told the mediator she was scared of me lol. Anyway in mediation she wouldn't back down on anything, wanted half my pension, me to still pay her £1500 so she and her boyfriend could live in rented accommodation that I was paying for. In the end I told her to stuff it and to take me to court, when friends told her how much it would cost her in lawyers she backed down. Hope everything works out for you, as others have said it's usually the dad that comes out worst
 
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shmmeee

Well-Known Member
  • Apr 29, 2022
  • #16
Yeah I’m fully prepared to come out worse. TBH I just want something clearly defined that she has to follow and I can have some recourse if she breaks it. I’m willing to pay over the odds, I’m not willing to lose my daughter.
 
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Nick

Administrator
  • Apr 29, 2022
  • #17
Slap the fucking bitch.
 

SBAndy

Well-Known Member
  • Apr 29, 2022
  • #18
Nick said:
Slap the fucking bitch.
Click to expand...

Usually goes well, yeah.
 
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Nick

Administrator
  • Apr 29, 2022
  • #19
Sorry, was a bit light hearted as I thought it would make Shmeee smile.

Obviously, don't do this.
 
Last edited: Apr 29, 2022
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RegTheDonk

Well-Known Member
  • Apr 29, 2022
  • #20
Don't know how old your daugher is, or if she's able to express herself properly, but my daughter's experiences of a custody case went down to her son's wishes. He was about 8/9 at the time but could articulate his wishes quite well. Was OK to see his Dad and go out for the day with him, but was upset that his dad started wanting to take him to his home in Bristol every weekend, away from his step siblings and friends. Dad wouln't budge, probably didn't want to keep travelling down every weekend to spend the day, so it went to Family Court in Birmingham.

They pushed for mediation wherever possible, but when that failed, looked to social services to spend time with my grandson. Social Services did a good job, they came out and spent time with my grandson, got to know him and could see he wasn't being coerced or threatened. Ultimately, they recommended in a report that he could decide what he wanted to do, so he wasn't forced to see his dad on his dad's terms.

Yes, I can see you thinking the mom got her way, but that wasn't the case. My daughters solicitor said that whenever possible the courts will insist on the Dad having access unless there is a recognised danger of harm to the kid. At the end of the day, his dad was putting his own needs before the kid's wishes, so the court decided he could chose his own path.
 
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Otis

Well-Known Member
  • Apr 29, 2022
  • #21
I am lucky that in my favour, my daughter is 17 right now and will be 18 in June. That takes her out of the equation re custody. So it's just the house and I have already said my wife can have it. But nothing else.
 
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shmmeee

Well-Known Member
  • Apr 29, 2022
  • #22
Otis said:
I am lucky that in my favour, my daughter is 17 right now and will be 18 in June. That takes her out of the equation re custody. So it's just the house and I have already said my wife can have it. But nothing else.
Click to expand...

Good luck mate. I’ve lost about £40k so far between debts I was left with and her taking 75% of the equity of the house through fraud and me being a mental mess at the time. She’s threatening future inheritance and pensions as well. Don’t care about all that aside from the fact it’s the kids inheritance she’s taking and she’ll spend it on herself. Grates though.

Divorce law is an absolute joke.
 
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rob9872

Well-Known Member
  • Apr 29, 2022
  • #23
Nick said:
Slap the fucking bitch.
Click to expand...
How about a two footer?
 

Otis

Well-Known Member
  • Apr 29, 2022
  • #24
rob9872 said:
How about a two footer?
Click to expand...
I will send Warwick Davis round.
 
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SBAndy

Well-Known Member
  • Apr 29, 2022
  • #25
shmmeee said:
Good luck mate. I’ve lost about £40k so far between debts I was left with and her taking 75% of the equity of the house through fraud and me being a mental mess at the time. She’s threatening future inheritance and pensions as well. Don’t care about all that aside from the fact it’s the kids inheritance she’s taking and she’ll spend it on herself. Grates though.

Divorce law is an absolute joke.
Click to expand...

Through fraud? Care to explain (although feel free not to given this is the public domain).
 

SBAndy

Well-Known Member
  • Apr 29, 2022
  • #26
Nick said:
Sorry, was a bit light hearted as I thought it would make Shmeee smile.

Obviously, don't do this.
Click to expand...

Shock Nick the misogynist has backtracked.

(This is also a joke)
 
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Nick

Administrator
  • Apr 29, 2022
  • #27
SBAndy said:
Shock Nick the misogynist has backtracked.

(This is also a joke)
Click to expand...

2 footer is a good thought though.

And no, it is absolutely horrible to see caring, good dads who WANT their kids not be able to. It was clearly a lighthearted comment. Good job I didn't suggest a hitman.
 

shmmeee

Well-Known Member
  • Apr 29, 2022
  • #28
SBAndy said:
Through fraud? Care to explain (although feel free not to given this is the public domain).
Click to expand...

Fairly simple. We agreed to get three valuations and value the house at the average. She said she’s got them and told me a price. I was a mess and didn’t challenge it. Turned out she gave a price 20% below the valuation so she could have that herself.

Only got myself to blame. Doesn’t stop it pissing me off though.
 
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stupot07

Well-Known Member
  • Apr 29, 2022
  • #29
shmmeee said:
Fairly simple. We agreed to get three valuations and value the house at the average. She said she’s got them and told me a price. I was a mess and didn’t challenge it. Turned out she gave a price 20% below the valuation so she could have that herself.

Only got myself to blame. Doesn’t stop it pissing me off though.
Click to expand...
Its not your fault, that is fraud plain and simple, your were decepted for financial gain. What a bitch.


Sent from my SM-G965F using Tapatalk
 

SBAndy

Well-Known Member
  • Apr 29, 2022
  • #30
Nick said:
2 footer is a good thought though.

And no, it is absolutely horrible to see caring, good dads who WANT their kids not be able to. It was clearly a lighthearted comment. Good job I didn't suggest a hitman.
Click to expand...

I’m only yanking your chain, I had assumed it was a joke in the first place. Sarcasm doesn’t come across well in written form.

Having lived through 2 divorces as a child (one amicable-ish, one not so) I do understand where you’re coming from.
 
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SBAndy

Well-Known Member
  • Apr 29, 2022
  • #31
shmmeee said:
Fairly simple. We agreed to get three valuations and value the house at the average. She said she’s got them and told me a price. I was a mess and didn’t challenge it. Turned out she gave a price 20% below the valuation so she could have that herself.

Only got myself to blame. Doesn’t stop it pissing me off though.
Click to expand...

Take it that the financials didn’t go down the route of court? Shit one. When it comes to money it’s amazing how people can’t be trusted.

My other half is a legal secretary in Family Law so I’m fucked if anything ever happens of that nature!!
 
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Nick

Administrator
  • Apr 29, 2022
  • #32
SBAndy said:
Take it that the financials didn’t go down the route of court? Shit one. When it comes to money it’s amazing how people can’t be trusted.

My other half is a legal secretary in Family Law so I’m fucked if anything ever happens of that nature!!
Click to expand...
Yeah it completely changes people generally. Same with stuff like inheritence etc.
 
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shmmeee

Well-Known Member
  • Apr 29, 2022
  • #33
It’s mental how people change TBH. We’d even see couples like this when we were married and be all “OMG how awful, I’d never do anything like that”.

People think I’m a weird Batman suit wearing misogynist when I say “get a prenup before you marry”, but it really is the best idea to set it in stone when you still like each other instead of when you hate each other the most.
 
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duffer

Well-Known Member
  • Apr 29, 2022
  • #34
Otis said:
I am lucky that in my favour, my daughter is 17 right now and will be 18 in June. That takes her out of the equation re custody. So it's just the house and I have already said my wife can have it. But nothing else.
Click to expand...

I'd heard she was getting the house, but the plumbing and wiring were coming with you.

I jest of course, it always sounds hugely stressful going through a divorce. Turns out that marriage is usually expensive at both ends, and always in the middle!
 
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duffer

Well-Known Member
  • Apr 29, 2022
  • #35
shmmeee said:
It’s mental how people change TBH. We’d even see couples like this when we were married and be all “OMG how awful, I’d never do anything like that”.

People think I’m a weird Batman suit wearing misogynist when I say “get a prenup before you marry”, but it really is the best idea to set it in stone when you still like each other instead of when you hate each other the most.
Click to expand...

I take your point, but I'm just not sure how the conversation would go.

"Darling, will you marry me?"

"Yes!"

"Great. Would you mind signing this please?"
 
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