
If you’re considering applying for a child contact order, it’s essential to understand how mediation fits into the process. Here are five crucial things to know about mediation before heading to court.
Emergency Situations
In urgent situations, you might not have time for mediation before applying for a child contact order. For example, if a child is at significant risk of harm, has been abducted, or requires urgent decisions about schooling or healthcare, you can apply to the court for an emergency child arrangements order. These applications are typically addressed within one to two days. While mediation is usually required, emergency circumstances often waive this necessity. Always seek specific legal advice in such cases to ensure you follow the correct procedure.
Domestic Abuse Cases exempt from mediation
If you’ve been a victim of domestic abuse and can provide evidence—such as police reports, medical records, photos, or witness statements—you may be exempt from attending mediation. In such situations, a lawyer can help you skip the mediation process and proceed directly to apply for a contact order. Alternatively, if you attend mediation and the mediator deems the case unsuitable due to domestic abuse, they will provide you with a certificate confirming that mediation is not appropriate for your case.
Mediation in Parallel with a Court Application for a Contact Order
Sometimes, individuals prefer to apply to court while starting mediation simultaneously. This approach ensures that the court process isn’t delayed if the other party is uncooperative or if mediation takes time. If you reach an agreement during mediation, you can either withdraw your child contact order application and rely on the mediated agreement or submit a consent order to the court, closing the contested case.
The Four-Month Rule
Mediation certificates are only valid for four months. This means that if you don’t apply to court within four months of your last mediation session, you’ll need to restart the mediation process. Keep this timeline in mind to avoid unnecessary delays in your application for a contact order.
Mediation Is Cheaper and Quicker
Mediation is often faster and less expensive than court proceedings. Sessions can be completed within a week, whereas child contact order cases can take anywhere from four months to three years to conclude. Mediation also tends to be less emotionally taxing for all parties involved. While only court orders are enforceable by the police, mediated agreements are legally binding and judges almost always follow the terms of a mediated agreement, making it a reliable option in many cases.
Start Your Journey to Peace of Mind
If you’re ready to explore family mediation for your contact order or if you have questions about the process, we’re here to help. Contact Family Mediation Services on 0300 360 2700 or email us at admin@familymediationservices.co.uk. Let us guide you toward a resolution that prioritises the well-being of your family.