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hi all im after some advice after 8 months of seperation and regular contact with my 2 boys my ex has stated im not allowed to see my children ive got too go too court for access im at a bit of a brick wall as im on low income and unsure what too do she and her new boyfriend are very abusive and threatening any help would be greatly appreciated
thanks Darren
First off you need to contact her – in writing – to ask her to attend mediation….NannyJane has posted some links about Mediation possibly still having legal aid for low incomes….NJ will pop on and give you this I’m sure.
Before the court route you will need to have tried mediation and have the mediators supply you a form to say that mediation either was refused by your ex or broke down.
Once you have that you will have to apply to court for contact orders.
Take a look at the threads at the top of the legal section with regards to filling in the C100 and Representing yourself in court.
The best advice I can give you right now is to make a note of everything that happens from now on……if you have any conversations in text/email/letters/social networks messages etc…. get copies and start a file in chronological order so you can easily refer back to them should things start becoming like some of us have found the legal route with the ex’s.
Hi Darren 🙂
Dad-I-d is right, legal aid is still available for those on benefits or a low income. I think as she and her new BF are being threatening and abusive, it might be better and more effective if you ask the mediator to make contact with her and invite her to attend. Here's a link to the legal aid calculator, just input your details and it will tell you if you will be entitled to help with the charges. www.gov.uk/check-legal-aid
Mediation is the accepted first step before applying to court and the form Dad-i-d mentions is form FM1 and the mediator will issue you with this should it not be successful. Here's a link www.nfm.org.uk
The other point I would make is that you shouldn't have to be subjected to threats and abusive behaviour, I would advise you to report any incidents to the police if this happens again. If they are issued with any kind of injunction or harassment order, this may entitle you to legal aid for a solicitor. Legal Aid for family law matters has been stopped unless there is proven abuse or domestic violence. I don't see why this should only be available to women that have been threatened.
If legal aid for a solicitor is not available to you you can self represent. Court is always a last resort but you do have rights to see your children and more importantly they have the right to see you. If this is the route you have t take you will get lots of help and support here as many dads here have chosen to self represent. Also as you are on a low income you are likely to be eligible for an exemption of the court fees, it costs £200 to submit an application to court. To claim an exemption you will need form EX160a.
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