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Hi, It has been a while since my last post, but I thought I was starting to get some progress with my situation until my ex took a brainstorm and has been preventing me seeing my daughter as agreed in the Court interlocutor. I don't know if England has the same type of order as we do in Scotland.
However My ex and I split up about 7 months ago we have a daughter (Shelbie) who has just turned 1 year old. approx October time my ex tried to get back together however I knew there were still issues there which would need resolving first. I don't know if this was due to a forthcoming court appearance which I don't think she was too keen on or if it was a genuine wish. I explained that the court date and potential agreement would have to be put before the court for signing so she could not back out of it if the case was cancelled so we drew up and agreement and an interlocutor was signed and issued by the court providing details of the agreement a 6 week rotation which included overnight stays every 4th weekend. However things have soured a bit I went to pick up Shelbie one day for the overnight stay and she cried when I collected her. She was fine within 5 minutes and there was no further issue, however when the next date was due for an overnight stay she refused I accepted this for a few weeks but know that denying me more access is not going to solve the problem as Shelbie is the same with me If I go elsewhere she is always looking to see her dad is there. So I feel I need to take it back to court. My question is how binding is the interlocutor?
The thing that I cannot understand with our legal systems is from many cases I have read, the ex plays funny buggers, breaches court orders etc, the dad has to pay to take her back to court again and quite often again. All the while she trots along quite happily on legal aid. I think if they were told that if they breach the order then they will not have another case of legal aid but will be held accountable and the court costs will be met by them it would prevent a lot of misery on the children and the fathers who just want to be there for there kids.
Hi
Have you had a word with the Scottish Child Law Centre - www.sclc.org.uk - they give free legal advice and a few dads have had good legal advice from them.
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