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Having recently split with my partner, she is being very nasty and illegally stopping me from seeing my 2 children. As I want to see my children on a regular basis, I have had no alternative to seek legal advise and have an appointment to see a solicitor this week. Can anyone give me any idea on how this all works? Will the solicitor send my partner a letter advising her that she must allow me regular access and see what response they get? How long will it take until I can see my boys again? If anyone has any info regarding this process, I would be interested in hearing the same. Thanks.
well hopefully the solicitor will write to her and all will be well.
However if not then there is a good chance that you will need to either go through the courts or mediation service, or both.
If the court is the route you take, depending on court loading you should get an appointment within 4-6 weeks (this is only going on me experience and may be longer/shorter) when you attend court the judge would be looking to re instate contact first and foremost, so may impose an interim order where you see them for a set amount of time. If there are reasons for it it may be at a contact centre (reasons being ex has concerns that you would take them and not return or harm would come to them) I would hope that that wouldn't be the case though.
If you go to court it would be worth looking at representing yourself as you will save a lot of money and it isn't as daunting as you would think, the worse part is the lead up to the hearing where your mind goes into over drive wondering what the outcome will be.
so I guess in answer to your question on how long until you can see your boys would be difficult to answer but I'd hope no longer than 6-8weeks by going through the system.
Hi Kev
I know you are using a solicitor, but it's worth reading yoji's guide to representing yourself, at the top of the legal section, as it will give you an idea of the whole process.
Hi 1402kev,
Its worth noting that the first hearing will be a directions hearing (also known as a Child Dispute Resolution Hearing). You can request at this hearing for a form of interim contact until your agreements or wishes are taken into consideration.
Example:
You are seeking 2 overnight staying contacts per week plus one evening midweek every other week...
A Court won't grant this at the resolution hearing, so you can suggest that a direction be made in the interim for contact to be 1 overnight stay per week and a midweek every other week.
Eventually, the idea being that you can apply to have the full 2 nights and every other midweek when the case comes to a close
Thanks for the responses, it is much appreciated. Another question I have, whilst my Ex is flaty refusing me any access, do I have to continue paying maintainance/their household bills/mortgage etc or can these payments all stop?
Thanks for the response, it is much appreciated. Another question I have, whilst my Ex is flaty refusing me any access, do I have to continue paying maintainance/their household bills/mortgage etc or can these payments all stop?
Hi 1402kev,
In short, you should still be paying maintenance, but if you are not living at the house, it would be fair to write a letter to your ex wife to notify that you are intending to stop payments relating to: X bills and also Council Tax... on June XX. Send a text to let her know this also, and record that you have delivered the letter, when and save a copy too.
Notify these companies to say you no longer live there and give your new address. Contact Tax Credits too as these quickly will result in an automatic 50% liability for any failure to notify them of a change in circumstances.
You will and are still liable to pay 100% Mortgage and Insurances and your ex wife too is liable 100% in the same respect. From here, you need to arrange a Solicitor to draft or put together a Deed of Separation (Clean Break Agreement) regarding future finances.
In amicable situations the above shouldn't take too long. Otherwise a very long time.
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