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Hi.
I have been seperated from my daughters mother for four years now. I have had two nights a week access in that time until just over a month ago when access was stopped without reasonable excuse. I have no history with the police or social and have always payed her keep on time.
Her mother first involved CSA and has sent a written agreement for one night a week access which i asked to agree temporarily until something firm could be decided through mediation/court. she point blank rejected mediation.
I am now at a stage to file for proceedings.
My solicitor thinks we have a good chance but how likely am i to get my two nights back?
I dont want to through £££ down the drain if i dont have a good chance. Please help.
Thanks
Hi and welcom,
I have moved this post to the legal section so it will get more responses.
I think you have a pretty good chance as it worked out well before, but what reasons has your ex given as to why she wants to stop the 2 nights?
Darren
Thanks Darren. Great forum its good to know someone is on our side.
It esculated as you can imagine with your experience most of these things do. Im sure your aware.
Her mother has always been awkward i.e not informing me of operations, schooling the list is endless. Our agreement was Thursday and Friday night and drop off Saturday tea time. It began when her mother then decided to put her in dance classes Tuesday, Wednesday and Thruday night ( a lot of dancing for a 4 year old) meaning i couldnt have her thursday. (without consultation).
A few texts were exchanged (nothing offensive) and i collected as usually the following Thursday. It then snowed over the weekend and i text her telling her i wasnt risking driving so i would drop her on the Monday at nursery (which i have done many times before without argument). She then sent me a text saying access will be stopped because i broke the agreement. I have not seen my daugher since. she has changed her nursery pulled her away from the window when i kncked at the house. None of this is in my daughters best interest.
I am told by my solicitor its money motivsted in that less over night stays = more CSA and will look bad on her part.
Im just afraid of waisting time and money if i only get the one day she tried to agree to (all be it she retracted when i asked to mediate?!)
Should i go for it?
My solictor is obviously biased by £££ signs and is sort of saying 50/50 rather 90/10 chance of getting the two nights back......
Solicitors can be biased towards cases as it'sn their business and how they earn a living.
Have you considered putting your solicitor on the back burner and representing yourself through court?
You could keep your solicitor on, but just use for advice and information over the phone, or you could let them go all together and go it alone.
If you go it alone we have legal advice on the site who can comment on your situation.
Have a read of Yoji's guide to representing your self online at the top of the legal section, it isn't as hard as you would think to do!!
Darren
Hi Darren.
I have read the advice and i would still let a solicitor take the reigns in order to avoid a heart ruling head potential confrontation in a court room. Im just worried that if a contact order is put in place she is just going to ignore it. What will happen if she doesnt hnour the order?
Thanks
Hi There,
If a contact order is broken you can go back to court for an enforcement order.
The enforcement order cost £200 each time you have to go back to get enforcement.
Darren
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