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hi all, im new to this site so please bear with me. i have been seperated from my near 4 year olds sons mum for 3 years now, she has moved on and in with a new partner which im pleased aboout, however, me and my partner have now decided to move in together with her 12 yr old daughter into my house. now my ex has startred to create. she called tonight saying that she does not want my son and partner to be under the same roof etc until this is resolved and she has sort legal advice. she has virtually threatened to stop me seeing him if i do not comply with her wishes. where do i stand with this? i have only ever done/tried my best for my son but i feel that unless its her way, its no way. please help
Hi there and welcome 🙂
So its ok for her new partner to move on and move in with your son but not ok for you! Well it doesnt work that way and you are as much entitled to introduce your son to the important people in your life as she is.
You have a couple of options here, you can try Mediation to sort this out but if that doesnt work you can apply to court for a Contact Order, this would define the days and times of contact and she would be informed that she cannot dictate what you do and who your son sees whilst he is with you.
Oops! havent finished my post!
...as I was saying, Mediation would really be the first step as the court will have expected you to have tried this before applying to court. Heres a link -
www.nfm.org.uk
Have a look at the stickys at the top of the Legal Eagle section, there are a couple about representing yourself in court and one about the C100 form which is the form you would need to submit to court to apply for contact.
thank you, we tried mediation earlier on but she refused it saying she couldnt be in the same room as me as she feels she would be too scared. yet till i was with my partner she was happy to call anytime she liked. i can see court looming..
...Be careful, if she's declaring out of the blue that she's scared of you then she might just start making allegations of domestic abuse, harrassment etc., so that she will qualify for free Legal Aid. The reason is that in April the new Legal Aid reforms came into force which meant that no one was entitled to receive legal aid for Family Law cases anymore, except for those who were victims of some kind of domestic violence/abuse. It seems that some women are bring up "allegations" so that they qualify for free legal representation. I'm not saying this is the case, just making you aware of it. Forewarned is forearmed!
Did she refuse mediation before you contacted the Mediation Service, if it was after you should get a form FM1 from the Mediator to say that she has refused it and you would submit this form with the C100 form when you apply to the court. If this had only been an informal request directly from you it might be a good idea to make an appointment and go along to the mediation centre, the Mediator would then write to her instead and invite her to attend....sometimes the more formal approach works better!
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