Hi there. It is not clear what your son has been accused of, although it is unlikely to directly affect the mediation unless it has something to do with the future parenting arrangements between you and his father. It is important to remember that mediation is designed to be self-directed, so the parties have control over what issues are discussed and what outcomes are reached. The mediator is not there to evaluate the merits of either parent’s case; they are there to help facilitate a mutually agreed outcome.

With respect to restricting access to your son by your ex-partner’s wife and daughter, this will depend on whether you can prove that their access is not in the best interests of your son. If your mediation is unsuccessful and you decide to take the matter to court to obtain a parenting order, the court would make parenting arrangements based on what is in the best interests of the child. The court would consider a wide range of factors in making this assessment, such as the people who will be involved in the child’s life, any risk of harm to the child’s safety and, if the child is old enough, their own views on parenting arrangements. If the court were to be convinced that your son’s contact with your ex-partner’s wife and daughter is not in his best interests, the court may restrict access.

Suggested way forward

Understanding what would happen in court can help you prepare for your mediation and adjust your expectations accordingly. A family lawyer can properly advise you of your legal rights and the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.