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hi.i am a seperated dad with one daughter who is six.i am newly married.my ex and and i were just co habiting.anyway
after alot of hassle going through court i eventually obtained a court order stating my times for access to my daughter.my ex has now broken this twice and i havent seen my daughter for 3 months.
my question is,will i have to start from scratch dragging this through court again and if i do will my ex be liable to pay all my costs.she has also told the school not to let me see my daughter.
i live in scotland
many thanks
Hi Falcon1
Sounds like you need some free leagl advice from The Childrens Legal Centre, our legal experts. We will ask them to log on reply but it will take then a few working days.
Dear Falco1,
Thank you for contacting the Children’s Legal Centre, an independent charity concerned with law and policy affecting children and young people.
How much advice we are able to provide you with will depend on where your daughter lives. If your daughter lives in Scotland as you do then this matter will be covered by Scottish law, which can differ from the English Law.
In English law you would be able to apply for enforcement of the current order, which would require another court case but this will be much reduced from the initial court case and would only be looking at the breach.
Generally in English child law cases, costs are not awarded except in very rare circumstances and it is very unlikely that your ex would be made to pay your costs.
Assuming that your daughter lives in Scotland also, we would advise that you contact the Scottish Child Law Centre who would be able to advise you on your options. Their contact number is 0131 677 6333.
If your daughter is resident in England and you would like more advice on enforcement or this situation in general, please contact our Child Law Advice Line on 0808 8020 008 and an advisor will be happy to help.
Kind Regards
Children’s Legal Centre
now the school has refused me access to see my daughter saying"you can only see her during your court order times"??
now the school has refused me access to see my daughter saying"you can only see her during your court order times"??
The legal centre will hopefully clarify this, but IMO, the school are (unfortunately for you) quite correct in this ... I am on the other side insofar as I have custody of my children and a court order clearly defining contact, and I would be furious if the school let my ex have access to my daughter against the court order.
Dear Falco1,
It is correct that if there is a contact order in place then these are the times that you are entitled to see your child.
The school should not allow you to see your child at any other time, except with the mother's previous agreement.
We hope this clarifies the situation. If you need further advice please contact the Child Law Advice Line on 0808 8020 008.
Kind Regards
Children's Legal Centre
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