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[Solved] Access to my son

 
(@Nomad)
New Member Registered

Hi Dads, my wife and I are in the middle of what has become a surprisingly venomous divorce. Just before Christmas she decided to move out to her parents house taking our 2 year old son with her.
She allows me to see him from 11:30 till 6:30 Sundays and 10:00 till 6:30 Monday’s.
Since before Christmas I haven’t been able to read my son a bed time story, put him to bed or see him when he wakes up in the morning.
I have been told that she has no right to do this but any time I have raised the subject she accuses me of trying to steel her baby, intimidating her and threatening to call the police. I need advice guys

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Topic starter Posted : 04/02/2020 6:14 pm
(@Ferfer)
Reputable Member Registered

First of all, any communication you have with her should be via text message and only related to the children. Just protect yourself from any possible stories she could make up. If you go round to talk to her, she could claim you were being aggressive or threatening. As hard as it might be right now, it is best to remain calm. I have been through this myself. It is worth tracking your movements with google maps on your phone, just so you can show where you were if she claims you have been round. Many women play the victim and attempt to get non molestation orders placed on you. You have parental responsibility, so you do have every right to see your child, but unfortunately, the mother is always allowed to call the shots until you start the court proceedings.

The best thing to do is to apply for mediation. They will invite you in separately and look to arrange a joint session so you can discuss child arrangements. She has every right to refuse, and if she does, your only option is to go through court by submitting a C100 form. It can be a lengthy process but it is the only way you can get back to reading bedtime stories and seeing your son in the morning.

I hope your ex does not start making things up, but just in case, please remember to remain calm, communicate politely and nicely vie messages (get read receipts) if she does not reply, do not keep chasing her, she will then turn this in to harassment claims. Stay child focused, that is the best approach. All you want to do is see your son, it will be down to her to show why she is being unreasonable and obstructive, just do not give her any ammunition to use against you. If you have any questions about it, just ask on here as we have all been through it ourselves.

ReplyQuote
Posted : 04/02/2020 8:13 pm
(@bill337)
Illustrious Member

hi,

yes as Ferfer mentioned, going to court would be better for you. my ex was happy to only let me see kids on saturday, and she refused to let kids stay overnight. so i went to court and it got sorted out. there should be no problem with letting a 2 year old child stay overnight with you, as long as there is no risk of harm to the child.

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Posted : 05/02/2020 1:18 am
(@Louismatt01)
New Member Registered

I am going through the same thing we was walking down the street with my daughter and me and my ex fell out.she stopped me before for.3 months seeing my daughter and in anger I said I'm just gonna take her I never was going to i just dont know what to do she saying contact centre but there is no need for one and I'm beginning to louse hope I just miss my daughter. What shall I do.

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Posted : 05/02/2020 7:09 pm
(@bill337)
Illustrious Member

hi,

you should look at taking it to court:

https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge

there is option to fill form online. see if its available for you.

court application will cost £215.

you will need to attend mediation. sit an MIAM by yourself. should be able to get a video call for under £100. if they don't see any point in inviting your ex to mediation, they will just give you permission to make court application.

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Posted : 06/02/2020 1:39 am
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