DAD.info
2 homes, one priority: your child - Join the free Parenting After Separation course
Forum - Ask questions. Get answers.
2 homes, one priority: your child - Join the free Parenting After Separation course
Welcome to the DAD.Info forum: Important Information – open to read:

Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.

Alternatively, if you are in crisis, please call Samaritans on 116 123.

If you are worried about you or someone you know is at risk of harm, please click here: How we can help

First time going to...
 
Notifications
Clear all

[Solved] First time going to court


Posts: 218
Registered
Topic starter
(@Cuddles)
Reputable Member
Joined: 12 years ago

My son is going to court for the first time at the beginning of March to try and get PR and contact with his 14 month old daughter. He hasn't seen her since September.

I believe there is supposed to be new legislation coming into effect on 18 March. Is he best trying to delay going to court until after then?

Another question. Things have been very bitter. The girl referred to the little girl as her child - not theirs and has stopped him from having any physical contact with his daughter but when my husband and I were there, she allowed it. He had only just turned 17 when the child was born (she was 18) and they insisted that contact was at her house with her family sat there watching all the time. My son had visiting every week and my husband and I were allowed to visit once a month but that was stopped after 5 months. Her family have tried lots of underhand things. Her dad threatened my son when he asked if he could take her to our house for a few hours on boxing day when she was 6 weeks old so that the rest of the family could meet her. Someone also befriended me on Facebook and after a while of chatting, mentioned a situation similar to what we were going through. I foolishly corresponded with them although I did not say anything nasty. They are now claiming that if we take things to court, then they will use Facebook printouts claiming my son is not bonding with the child. In fact, the full conversation said that he was not bonding with the child because they would not allow him. I feel that they will be docting this information to make us look bad. Will they be able to use such information with it being obtained out of deception?

Will probably have lots more things to ask over the months.

5 Replies
5 Replies
Registered
(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

Hi there Cuddles and welcome 🙂

I'm also a mum and I supported my son in his fight for custody, which we won!

I'm not sure what legislation you are refering to, there is Legal Aid reform coming in in April.... Parents will no longer be able to get Legal Aid to go to court for contact/PR/ Residency etc.

So if your son is on Legal Aid it wouldnt do to delay, although if he already has his Legal Aid certificate then he will be ok, at least for the duration that the certificate is active.

If your son has been threatened, it would be advisable to report that to the police. If there are any threats made in future, its advisable to report it to the police. They would log it, ask them to, and it can be bought up in court to illustrate unreasonable behaviour. Without that theres no proof this sort of thing is happening. the police may wish to talk to her and her family about it but that would be the extent of it.

It would be advisable to start some kind of diary of events and keep a record of everything that happens, keep all txts and emails. Its always better to make contact through txts, emails because then there is proof of content. If thats not always possible make transcripts of all conversations. In fact make a note of absolutely everything and anything!

The facebook incident, whilst unfortunate, isnt the end of the world and you could claim entrapment if it were to be bought up in court. The very reason for having to go to court is because they are denying the contact that is necassary for the bonding process. The court will always want both parents to be a childs life and this is considered to be in the childs best interests.

The first hearing is likely to be very short, will your solicitor be asking for an interim contact order? Make sure the court are aware that you were allowed regular contact which was stopped for no goood reason.

Good luck with everything and keep your chin up 🙂

Reply
Registered
(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

...I meant to mention, it wouldnt be advisable for your son to go to their house alone, or place himself in any situation where accusations can be made against him, such as harrassment or worse, violent behaviour. As they are happy to use underhand tactics to back their position, they might think nothing of making false allegations!

Reply
Registered
(@Cuddles)
Joined: 12 years ago

Reputable Member
Posts: 218

Thank you Nannyjane for your reply.

My son had contact at their house from when the child was born until August of last year. They had a mediation meeting where things were arranged that he would become more involved with the little girl. When they came out of mediation, she spoke with her parents who she lives with. He was supposed to go down the next day to start this extra time and he received a text saying that she had not agreed to anything and that only what came from the solicitors would be what was happening. A few days later, he received a letter stating that contact was being cut from every week until every 2 weeks. By this time, the child was crawling and crawled over to my son and they spent the 2 hour visit playing, which did not go down well with the family. The next time he visited, the mother took the child upstairs and spent the whole of his 2 hour visit up there. Their excuse was that she needed to sleep but they would not let him change his visiting times. I know babies need to sleep but my son could hear the mother and little girl playing in the bedroom when he nipped to the loo. This happened every visit until it was stopped completely in September.

We have been asking the solicitors from the beginning if he could take the child to our house or to a contact centre where he could get proper contact with her but they refused stating that he needed to bond with her before she could go anywhere with him. He asked if they could both take her out for a walk in her pram on nice days but again that was refused. They have been terribly controlling in this situation.

None of our family have ever met her and I doubt she would recognise us or even my son with her being such a little one.

Not sure what the solicitors are going for to be honest. We are not happy with them but cannot change because he is going through legal aid.

The new law I was wondering about was the Family Law legislation that comes into effect on 18 March. Only know about this as a family member is involved in mediation and said they are having lots of changes due to the new law.

Reply
Registered
(@dad-i-d)
Joined: 14 years ago

Noble Member
Posts: 1306

In my opinion most family law solicitors are blood sucking parasites!......draining the life out of fathers at the expense of the children who would benefit so much from having two loving parents not just one!

a father who loves and misses his child terribly, a father wanting to be invloved with his child life and not miss out on their growing up...... to a solicitor/law firm this is an easy way to make a lot of money!!! £10k seems to be the figure most of us fighting seem to end up spending.
the more delays and letters they send the more it cripples a father......this adds more stress and tension to the pot and makes it almost impossible for the parents to act rationally over what is really best for their child.

Rant over!

for time with such a young child its difficult to suggest what is reasonable.......but being under their roof with the girls parents there is not a healthy environment for you son to be in....it leaves him way to vunerable to any number of allegations that would be their word against his.

i would suggest a contact centre would be a better place for a starting point to build the bond up with the child....less stress on the father which can be picked up on by the child. also without the girls parents there the girl may actually be a little more relaxed too.

Reply
 actd
Registered
(@dadmod4)
Joined: 15 years ago

Illustrious Member
Posts: 11892

I would suggest that contact needs to be away from the home as it's never going to work there from what you have said. I think initially it's best to talk through the options with the solicitor.

Reply
Share:

Pin It on Pinterest