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hello i need some advice on what rights i have if any.
my x wife has stoped me seeing my kids because i tried to over take her i order to flag her down to talk about araingments of pick ups and drop offs as i was doing it all and it was costing me a fortune but instead i lost control of my car and spun out infront of her hitting a wall ,she was not involved and the kids were safe at home with there older brother , now she says i cannot see them because i tried to run her off the road but yet she did not report it , what can i do please help.
Hi
Welcome to DadTalk.
Are there any formal arrangements in place i.e. an access order ? Your next steps would depend on whether there is or not, where there an witnesses to the accident - besides your ex partner?
Sorting out access rights is always difficult . I will pass this over to our legal partners the Children's Legal Centre for some advice. This could take a few days so hang in there and keep popping back.
I can imagine how much you are missing your kids and I hope for the sake of your kids, both you and your ex can sort this out.
I'm sure some other Dadtalkers will share their experiences with you and offer you some support.
Hang in there and if you feel the need to talk further, pop back.
Mags
Dear Brian,
We apologise for the delay in responding to your query.
It is a child’s right to see their parents, not a parents right to see their children, and depending on the ages of the children, this can be controlled by the parent that they live with unless there is a court order in place.
If there is no court order for contact in place then the mother is able to make all decisions with regards to contact because the children live with her.
If you are not happy with the contact that the mother is allowing you, or any arrangements with regards to the contact, then you are able to suggest mediation to the mother.
Mediation is where a trained third party will meet with you both and will try to help you reach an agreement regarding any issues you have. It is always advisable to attempt mediation before considering court action, as the court should always be a last resort.
For further information the contact number for National Family Mediation is 01392 271610.
If mediation is not successful, or your ex partner refuses to attend, then you have the option of applying to court for a contact order.
A contact order is a legally binding order that states the days and times you are to see your children, and the mother will be legally bound to comply.
In order to apply for this, you can represent yourself or instruct a solicitor, whichever you prefer. If you choose to act for yourself then you are able to download forms C100, CB1 and CB3 from www.hmcs,gov.uk and file these at the court closest to your children’s home with the fee of £175.
The court will then notify you and the mother of any dates that you should attend, and will begin proceedings. The court will hear all the facts presented by yourself and the mother, and court proceedings can take some time.
Following this the court will make a decision as to whether or not to grant you contact, and if so, what amount is appropriate, based on what they believe to be best for your children. In the vast majority of cases contact is granted, and it is very rare that this is refused by the court unless there are serious concerns for your children’s safety whilst they are with you.
Once a contact order is in place, it is legally binding and the mother is bound to comply with what is stated in the order, or you are bale to apply back to the court for enforcement if she does not.
We hope that this information is useful to you, should you require further advice please contact the Child Law Advice Line on 0808 8020 008 and an advisor will be happy to help you.
Kind Regards
Children’s Legal Centre.
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