Case Study 2: Mediation Summary

Mediation Summary

The xxx Children’s Court referred an ex party application made on xx January 20xx to …………, for mediation.

 PARTIES:

Applicant (Father): Father

 Mother: 

Child:                           Child

  1. BACKGROUND INFORMATION

Father brought the above application in respect of contact arrangements regarding his daughter

 This is a summary of the outcome of the mediation session between Father and Mother, at …………….., on 17th February 2018.

This summary is legally privileged. It does not record or create a binding agreement between Father and Mother. It is intended as an interim arrangement between the parties to regularize the contact between Father and Child. Unless and until they decide to enter into a binding agreement, no binding agreement exists between them.

Father and Mother are not married to each other and do not live together. They were involved in a relationship from which their daughter, Child (now 11 months old) was born. It was agreed that Father is the father of Child, that he has contributed to Child’s upbringing and to the maintenance of Child. Father therefore acquires full parental rights and obligations with regards to Child. Both Father and Mother agreed to enter in mediation to resolve recent issues relating to care and contact.

  1. MEDIATION

 

Child resides with Mother, at the home of Mother’s mother. Mother works as a…………..assistant. Father is a …………..agent. Both parties have good family support.

 

There was a verbal contact agreement between the parties that had broken down. Father wants to re-instate Child’s overnight visits at his home in Mitchells Plain every alternate weekend. Mother had become reluctant to allow Child to go to Father’s home as Father has left Child in the care of “granny” on one (or more) occasions, whilst she has expectations of Child being in the care of Father all the time. Mother also experienced inconvenience on occasions when Father had not kept to her expectations of punctuality. Father wanted certainty on his contact rights/arrangements. He expressed a desire to be able to be better informed on Childs health, especially if Child may be exhibiting symptoms. He indicated he felt capable of managing any symptoms himself if these arose during his contact timetable.

Father and Mother agreed that it would be in the best interests of Child to have regular contact with her father and that they would like to co-operate with each other to achieve this goal. There was a suggestion that more frequent contact by Father for shorter periods would be better for Child, and both parties were receptive to this.

  1. AGREEMENT

 The following proposals were negotiated between Father and Mother. These are to be in place for a period of approximately three months, to establish routine and re-establish a degree of mutual trust. They were not “set in stone”, and some flexibility was to be allowed for. It was recognized by the parties that Father’s contact with Child involved the expenditure of time and money by Father, as he had to travel from ……… to ………..and back, often on public transport.

 Contact arrangements:

Father will have contact with Child as follows:

Weekend contact: Child will sleep over at Father’s home every second weekend. Father will collect Child on Saturday morning, (excepting if the first Saturday of the month co-indices with Father’s contact weekend, in which case contact with begin in the afternoon) and return her on Sunday afternoon. Final timings will be communicated between the parties, with appropriate notice, by phone call or SMS prior to pick up.

Alternate weekend contact: Father will visit Child at Mother’s home. They will be given some privacy and be able to go to a local park. Mother’s elder daughter, who has a good relationship with Father, may accompany then during Child’s visit. Final timings will be communicated between the parties, with appropriate notice, by phone call or SMS prior to Father’s arrival.

Father’s upcoming leave, week prior to the week of Child’s birthday. Father will visit Child at Mother’s home. They will be given some privacy and be able to go to a local park. Mother’s elder daughter may accompany then during Wane’s visit. Final days and timings will be communicated between the parties by phone call or SMS prior to Father’s visits.

The week of Child’s birthday, when Child and Father are both on leave. Father will visit Child at Mother’s home. They will be given some privacy and be able to go to a local park. Mother’s elder daughter may accompany then during Wane’s visit. Final days and timings to be decided later by communication between the parties, by phone call or SMS prior to Father’s visits.

Easter weekend. This falls on Father’s contact weekend this year and the above weekend arrangements will apply.

Child’s baptism. Father will attend the occasion.

Health and Development. Mother agree to inform Father if Mother took ill, and visa versa.

 

Dated at Cape Town on this  day of  20

 

Signed by the mediators:

 

__________________

Download PDF:

Case 2 Mediation Summary

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