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Taking Ex to court
 
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[Solved] Taking Ex to court


Posts: 12
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Topic starter
(@placid)
Active Member
Joined: 15 years ago

Hi everyone,

Just signed up as i am in need of help / advice.

To cut a long story short - I got with my Ex partner in 99' we had a kid in 00' in 03' she asked me to have another child get married but at the time i wasn't interested in either, so she cheated on me and has now met and had another kid with her now hubby.

Shortly after her meeting her hubby, contact with me child was stopped and i was summoned to court for numerous allegations mainly DV this went on for nearly 3yrs and i hardly saw my child in this time, as she couldn't prove any DV they couldn't title me as violent, and in 06' i was awarded PR and 4hrs a fortnight unsupervised.

Her & hubby quickly got my boy calling her husband dad, and changed his name at school etc, even tho my name is on his BC.

Over a year ago i asked for school details as i wanted to know how well school was going, however till this day got fobbed off!

I always collect & return the child as thats what's stated in the court order from 06' and since they have moved however i dont know their new address.

Just a few months ago, the hubby (as i hardly see the ex he's always at contact drop off pick up) gave out to me about me telling MY child that the hubby wasn't his dad and that if i tell him that hubby isn't his dad he wont be happy.

Anyway, i have applied to the court for a change in the CO and to get the school details i have been asking for, the Ex doesn't know yet but will be summoned anyday now, and to be honest i'm getting worried as i've had to put up with so much abuse from both of them.

Just after some advice, i feel like cancelling court for peace, but know that isn't the way forward as i want to be able to go on holidays with my child.

At first i was going to apply for friday pick up from school till monday i take to school, this way i dont have to see the Ex / hubby.

But after more thought, i'm thinking the same procedure^ but shared residence?!

What do you guys think?

Thanks

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4 Replies
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(@placid)
Joined: 15 years ago

Active Member
Posts: 12

Any advice?

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(@Harveys Dad)
Joined: 17 years ago

Reputable Member
Posts: 257

Placid - firstly sorry that we missed your post.

We have sent your question to our partners at the Childrens Legal Centre who will send us a reply which we will post on here. This may take a week/10days so please hang in there.

regards
the Dadtalk Team

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Registered
(@placid)
Joined: 15 years ago

Active Member
Posts: 12

Thanks

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Registered
(@Harveys Dad)
Joined: 17 years ago

Reputable Member
Posts: 257

Hi Placid

Here is the information we received from the childrens Legal Centre.

Thank you for contacting the Children's Legal Centre, an independent charity concerned with law and policy affecting children and young people.

There are several issues in your email relating to contact and parental responsibility.

As you do have parental responsibility by way of a Parental Responsibility order you do have the right to access your child's school records. Many schools will accept a copy of a Parental Responsibility order in this situation as sufficient proof of this right however this will depend on the individual school's policy. We would normally advise that the next step would be to make an application to the court regarding this however you state that you have already done this.

The contact order that is currently in place is legally binding and therefore to make any alterations to this order then it will be necessary to apply back to the court. You state in your email you are undecided whether to apply for more contact or alternatively to apply for shared residence. It is possible for you to apply for either of these orders. The court's main consideration will be what is in the best interests of the child. The court will take into account any upheaval the child may suffer as a result of altering existing residence arrangements.

Further information regarding parental responsibility, contact and residence can be found on the Children's Legal Centre website ( http://www.childrenslegalcentre.com ). If you feel that you require further advice, including information regarding applications to the court, please do not hesitate to contact our Child Law Advice Line on 0845 120 2948.

Hope you find it helpful

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