Can I re-list this case ?

First Directions Hearing last Dec 15th was adjourned for mediation.
Before Christmas I made a appointment for Jan 9th.However my ex when contacted by the mediator said she would not be attending as she felt it was too soon after the hearing even though it would have been 3 weeks later.

First week of Jan my ex emails claiming she didnt refuse mediation and that she would attend.Therefore I made an appointment for Jan 12th. When contacted by the mediator again my ex said she would not be attending and gave no reason.

The mediator rang her back and tried to make another appointment.This was made for Jan 31st. My ex claimed this was the earliest the mediator could make it however the mediator said it was my ex who made the appointment for Jan31st.

As she is pregnant(not mine)and due to give birth around Feb 21st I was trying to get an earlier appointment as we may need 2/3.
I offered my ex that I would pay for the first appointment if she attended earlier but she said no.

Mediation should have started tomorrow however today the mediator emailed me and informed me my ex would not be attending claiming she was ill.She did not make a fresh appointment either.

She has also used this as an excuse not to attend the parenting course today that the court had ordered us to attend.

It is obvious to me she has no intention of attending mediation.She will also now use the due birth date in 3 weeks as an excuse to further delay any chance of an appointment.
Therefore if I write to the courts will they re-list the case or will they expect me to pursue an appointment for however long it takes and however many times she says no?

I think try it - you have nothing to lose, write and explain that its been booked, cancelled, booked, cancelled and that you feel it would be better now if the matter was brought in front of the judge. Outline your willingness to go at different times to suit, plus to pay the fees, and see what they say.

I think you're prob right emma.

I can still try for mediation in the meantime so if I manage to get the case re-listed and myself and my ex can agree contact at mediation then I can instead use that court hearing to get the agreement turned into a contact order.

Exactly, you can always say too that you want to get this all sorted nicely and amicably and in the shortest time possible but as attempts to arrange mediation havent been succesful, you feel this would be the quickest way to resolve things in the best interests of the children.

Joe -

To play devils advocate:

...your ex is about to give birth, her health needs are paramount, she is the primary carer to your son and is already finding life difficult. At this delicate time, instead of being supportive you seem intent on adding to her anxiety by pressuring her into discussing emotive issues at mediation and willing to cause her further distress by dragging her back to court.

This is not what I think...but you get my point. A magistrate might well buy into that kind of narrative. It might well be better to stand back, wait until the birth, and then take it back to court rather than acting now and risking a backlash.

I'd be tempted to suggest that Joe heads this one off by pointing out that it is precisely becasue her needs as primary carer are paramount that he seeks to resolve the issues before the birth of the baby which will necessarily require a period of adjustment and impose further burdens on her. I can't think of the right words to say just how tired she will be, but you see the drift.

Zonked I know where you are coming from.
However at the hearing the Judge could see my ex was heavily pregnant and did not ask for a delay in mediation till after the birth.Some women go to work right up until the last minute so attending mediation I don't feel should be a problem.
My ex has also not given the pregnancy as an excuse not to attend.

Also she did not help matters by refusing the appointment for Jan 9th.Now there is a possibility we could go to mediation next week if she agrees and this months delay is down to her.
I would be surprised if any magistrate would feel I should be supporting her considering her actions as higlighted in my position statement.

Should I request a hearing now,given the fact the birth is due in 3 weeks,it is highly unlikely the date set will be before the birth therefore
so I can't be accused of dragging her back to court before the birth.

Pixy you're right.The birth will require adjustment and who knows how long that would take.Will the birth go smoothly,will there be problems,will she suffer from post natal depression, who knows. We could be talking weeks,months before she feels she is able to attend mediation.
Therefore before the birth makes more sense not just for me and my son but it also makes sense for her.