FM1 query

I have petitioned the divorce and have the nisi and we were attending mediation for children & finance. We couldn’t agree re children and ex husband said he would take me to court so the mediator issued an FM1. FM1 was from Oct 18 for court in respect of the children. We continued to try to arrange dates to mediate for finance and discussion went up to agreeing a date in December. However, it didn’t happen and we had an unrelated argument and ex said in Jan 19 that he would be taking me to court for finance. I’ve now had notice of form a dated Feb 19 being submitted for finance but ex husband used FM1 issued for childcare. We never mediated for finance. I even have letters from mediator date Oct 18 stating FM1 is for children and that she could issue one for finance if requested. In Jan 19, before notification of form a, I contacted mediators asking if ex husband had requested 1 for finance as I’d had no further discussion re financial mediation so I know he’s used the FM1 issued for children not finance. Can he do this? I would have wanted mediation.

Would mediation have been successful though? As much as you may have been willing to attempt to resolve this out of court, if he isn't prepared to attend and work with you to come to an agreement; then all the mediation sessions in the world won't change his stance.

It may be worth making the Judge aware at the Directions Hearing that the mediation protocol has been bypassed by the applicant.