Quite a complex one this. I have two children to different mothers. NY son is 15_ my daughter is 5. The situation in a but shell is this. The mother of my daughter couldn't accept my son into our situation. She had huge jealousy issues. And so, she constructed a dangerous story to frame my son, and to try and get me to give him up to stay with her. She had 3 kids to 3 different dads when I met her. I didn't hold that against her, but now she has 4 , of which includes our daughter. She told me that she saw mY son leaning over our baby in her bouncey chair. My son told me he was looking for her dummy, but my ex quickly labelled him a danger. Now, it took her 2 and half yes s to tell me this, and I still think she's Lief to this day. We are no longer together ad I chose my son over her, and I do have a contact order in place for my daughter to see me every other weekend. There is one condition on the order, that I felt pushed into accepting, that my son has no contact with my daughter anytime. I've seen a solicitor for free advice, and she said I've been fudged in court, I should never of agreed to the conditions. And that my son has been persecuted without any factual evidence. During 2015, NY ex attacked my son in my own home, and has threatened to kill him. She got off with both from the police. I've no idea how. I now want to re submit a c100 form to apply for my order to be variates. To try and get my children together. There's no reason not to. My ex has swore her own life to never let them come together.
Anyone any advice please?
Hi there
Your poor son and how unfair that your daughter is deprived of a relationship with her brother.
Unfortunately, mediation must be attempted before an application to vary the existing order can be made. As the likelihood of your ex attending is much in doubt and because of the assault on your son, the mediator should agree to sign off the C100 form without mediation going ahead. I would give one a call and discuss it with them.
Once you have the form signed, you can apply to court to vary the order, as you will be specifying that your son isn't and never has been a danger to his sister the court should order reports to be done and your son should be a part of this.
All the best