[Solved] Access to child

Hi Niowen,

Polite point - You mention your sons name...you should edit your post and remove so that no one is identifiable as it could cause you issues should your ex or anyone see it. Family court matters should not be discussed so that anyone is identifiable as it could be deemed contempt of court.

I think that you have done the right thing by reporting however your ex will be upset and she would appear to be using this as an excuse to limit and deny contact.

Options;
Mediation - Costs less than going through the courts and could get you a mutually acceptable outcome regards contact and/residency.
Court - You will be aware of C100 and costs as you have been there before.

Your concerns for your son are valid and I would keep a diary of all contact and communication with your ex and your son so that it can be refered to in future and continue to work with SS and the mental halth worker so that your son is protected.

What is your desired outcome?

More contact, residency. I appreciate your sons health and wellbeing are paramount.

Regards,

Dave

Thanks, i have edited post to cut out sons name

I felt i had to report what he had said for the sake of my son's protection, if she is hitting him it needs dealth with, although no evidence was found as he didnt mention it to the social worker

i have thought about mediation but if she doesn't agree to it which i know she won't then it's another set back for me, and court will be in the 5 figures which i just can't afford

i just want to be able to see my son every fortnight from friday night till sunday, and then 3/4 weeks during the year for holidays ie. christmas, easter and summer holidays which i don't think is to much to ask

Thanks

Hi there,

You must be very worried and this is not something that you should leave in the hope it will get better.

Dave is right to mention mediation as this is the accepted first step before applying to the courts....in fact the court are likely to refuse the application if you can't submit the FM1 with your application for contact. The FM1 is the form that the mediator issues when either one side refuses to attend or mediation has been attempted and failed.

Legal Aid is still available for some and you can check eligibility here. www.gov.uk/check-legal-aid

Here is a link to the mediation service. www.nfm.org.uk

Have you made the mental health worker and Social Services aware that Mother has stopped all contact since you reported the physical abuse to them?

Many forum members have taken the decision to represent themselves, this is very doable.....court fees to apply for contact are £200 but Isfahan you're on benefits or a low income you may be entitled to an exemption from these costs. You would check this with form EX160a.

I will put forward mediation as even if she refuses it looks good in my favor, unfortunately i earn just over the boundary to get legal aid, but due to paying child maintenance, keeping a house with my new partner and her 2 children i just cannot afford court fee's.

the mental health officer is on holiday (typical) so i will ring her on Tuesday to let her know and the SS person so far wont return my phone calls, prob due to being busy as she is always on the phone when i ring.

i would love to represent myself but i suffer from chronic anxiety so this is something i would not physically be able to do, stand up in court.

Even if i managed to get access back i fear that my ex will make up stuff just to get back at me, and the brainwashing will still happen.

Hi

As NJ says, the court fee may be waived depending on your income (I'm not sure of the level required - worth having a word with the court over the phone). The problem you face is that without a solicitor, your only option is to represent yourself as a solicitor is out of the option (5 figures is right, I would say) . It is daunting, but the courts are very aware that people appearing before them are nervous and not experienced with the law, and make allowances for this. Take a look at the sticky topics at the top of the legal eagle section, there are some posts and a video which may help a lot.