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Getting court order to see daughter as ex is irrisponsible, LIP Help Needed!!

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  • Getting court order to see daughter as ex is irrisponsible, LIP Help Needed!!

    Hey

    I have a 10 year old daughter and I'm wanting to go to court to get access to see her but scared I'll get tucked up by her lying mother. I WL keep this brief so if any questions needed the please ask.

    We split up when daughter was 3, not a good relationship and didn't want daughter to see and hear our shit. So I walked out one day. Since then there has been a constant battle and I've always been under the impression that a court will take child's words for access once they are 10 and have paintiently waited for this to come round, rightly or wrongly I felt this was the better route.

    I always have contact with her and even allowed her to move over 150 miles away so mother could better herself in a uni (which turned out wrong). I travel from 4.30 am to see her for 4/5 hrs and don't get home till midnight (public transport sucks),so clearly I want to see her. But I am only "allowed" to see her when ex is there never alone. Now there has been no reason for this, legally or anything its just her making her voice be heard. I have no time for my ex and its awkward but I make do. Every time I say I want her at mine for weekends, school hols etc she refuses and the reasons vary from, "I can't be trusted as we had a violent relationship" this is based on her mind, no police reports or arrests have been issued to suggest I'm a violent man, before my daughter I was young and on the wrong side of the law but that's my past, not present or future. Or she will say social services have told her I can't see her without the ex, which I have never spoken to them so that's strange. She even said that she's making the sacrifice as she's scared in my company yet allows me to come to her house.

    She knows my daughter is everything and she is using that against me. Before Xmas I told her i m bringing up my new missus who I've been with for a few years and her daughter which I look after regularly to meet my daughter and she said that my daughter doesn't want to see me or them and she stopped me coming up!! But this isn't what my daughter said, she wanted to So I want to get an order but really scared she will win and I will be left with less rights, I vet hardly anything from her with her schooling or medical etc yet I have fu parental responsibility .... Ex Already holds the cards and I don't want to give her anymore. I have sometimes not turned up due to trains delayed or stopped like Xmas this year. So yh I have that against me and when I wasn't working I didn't pay her anything as I felt £50 to see her was good enough as ex vary rarely comes down to see me, just to see her family and if she can fit me in. I am her father yet she treats me like a no one and her family is always first. And I'm scared when I tell her to do this and that what's legally right she makes a song and dance then refuses all access. Some people say i can just take her as i have responsibilty but she will call police etc and i dont want drama just want to have my daughter weekends and hols so i can have a impact in her life. All she says is see you in court or contact centre which would be bad as I always go swimming g etc so my child will k ow something's wrong and I don't tell her how horrid her mother is. I can't afford a Mackenzie friend and will be LIP so any help will be gratefully recieved
    Last edited by scott2310; 19th January 2015, 22:42:PM.
    Tags: None

  • #2
    Re: Getting court order to see daughter as ex is irrisponsible, LIP Help Needed!!

    You cannot just take her btw but you, as the father, maybe entitled to legal aid so that you can ask for an order of the court for formal contact between yourself and the child. However, you have GOT to keep all the evidence of anything remotely threatening, either way, with you.
    From now on keep a diary of everything, even correspondence and keep the peace with her if at all possible.
    Your daughter's voice will be important as she is able to give her opinion on what she wants to happen and the older she gets the more louder that voice will be listened to.

    I would study the Children's Act 1989 because that gives you the basis of what you need to know.
    "Family means that no one gets forgotten or left behind"
    (quote from David Ogden Stiers)

    Comment


    • #3
      Re: Getting court order to see daughter as ex is irrisponsible, LIP Help Needed!!

      Thanks David, yes I have all messages as we usually only talk through Facebook and I have tried on many occasions to keep the peace, and yes sometimes it can sound sarcastic I've never threatened her with anything. All I want is to be able to spend more then 10hrs a month with my daughter without her mother being there. Its a real strange situation. I will loom into legal aid but the 2 solicitors I spoke to said they couldn't help as legal aid has been cut for a lot of things, so I decided to do it myself just from information gathered but I fear I'll balls it up somehow and give her even more power in this situation. Do you happen to know where and how i d find out about legal aid? I was also looking into Mackenzie friends but they are just as expensive as solicitors. Thanks for the time to reply and I will look into the children's act. Anymore in for grately accepted.

      Comment


      • #4
        Re: Getting court order to see daughter as ex is irrisponsible, LIP Help Needed!!

        My name is not David but the quote about families, on my signature at the bottom, is.

        Your best bet is to ask a local family law specialist and they would complete forms to see if you were eligible for legal aid.
        "Family means that no one gets forgotten or left behind"
        (quote from David Ogden Stiers)

        Comment


        • #5
          Re: Getting court order to see daughter as ex is irrisponsible, LIP Help Needed!!

          Unfortunately, legal aid is now very restricted in civil law , although family mediation seems to be supported in some cases.

          From http://www.adviceguide.org.uk/wales/..._legal_aid.htm

          Family, children and domestic abuse

          You can get legal aid:
          • for private family law matters, for example, divorce, dissolution of civil partnership, property, finance and children matters where there is evidence of domestic violence or abuse or child abuse. Domestic violence or abuse covers psychological, physical, sexual, financial or emotional abuse.
          • if you're a victim of domestic violence or are at risk of being a victim of abuse, need advice on your rights to stay in your home and need a court order to protect you
          • if you're a victim of domestic violence or are at risk of being a victim of abuse and need advice on family matters such as divorce, financial disputes or disputes about children
          • if you need to protect a child who is at risk of abuse - for example, you need to apply to court to prevent someone who has abused a child from having contact with them
          • for family mediation

          • for family court proceedings if you are a child
          • if you need protection from being forced into marriage or because you have been forced into marriage
          • if the local authority is taking court proceedings to take your child into care
          • to stop children being removed from the UK or to get them returned if they have been unlawfully removed
          • to enforce European Union and international agreements about children and maintenance.

          There are very strict rules about the proof that you have to show to qualify for legal aid in these cases.
          You can get free legal advice from http://www.childrenslegalcentre.com/...aw_advice_line

          And here is yet more to get your teeth into if you intend to represent yourself in court:

          http://www.barcouncil.org.uk/media/2...online_use.pdf

          Good luck xx

          Comment


          • #6
            Re: Getting court order to see daughter as ex is irrisponsible, LIP Help Needed!!

            Thanks for the links only just seen this reply

            Comment


            • #7
              Re: Getting court order to see daughter as ex is irrisponsible, LIP Help Needed!!

              Are you listed on the Child's Birth Certificate? If so it gives you more rights than if not. When you split was this formalised?

              Comment


              • #8
                Re: Getting court order to see daughter as ex is irrisponsible, LIP Help Needed!!

                Nah I'm in birth certificate but she seems to think she can di what she likes. ..

                Comment


                • #9
                  Re: Getting court order to see daughter as ex is irrisponsible, LIP Help Needed!!

                  Here's a guide to the process:
                  http://www.familylaw.co.uk/system/up...8/CB1_1108.pdf

                  I would also contact Cafcass
                  https://www.cafcass.gov.uk/about-caf...ice-users.aspx

                  who will ensure that the child's needs are central and will advocate for her. Their opinions carry great weight in the family courts.

                  If you get the contact arrangements on a firm legal footing the mother will be obliged to respect any court order - going against it will put her in contempt.

                  Good luck again!

                  Comment


                  • #10
                    Re: Getting court order to see daughter as ex is irrisponsible, LIP Help Needed!!

                    Cheers MissFM I'd rather keep CAFCASS out as much as I can as they have been known to side with the mother even when evidence is for the father thus giving father low status for contact but I guess ill have to see them at some point. Gonna sort out the for.s this week and see where it goes. I just need to when I do see daughter to get me talking to her alone to say how she feels as I've done my best keep her out of our issues while mother seems to use her against me with these issues!! And I'm sure she will speech her on what to say. Its just a crazy situation when most mothers are trying to get fathers to see children and you have me wanting to but she will do everything possible to let her not see me alone or at weekends etc. But ive just gotta put my trust in a legal system i like nor trust ..... Thanks again

                    Comment


                    • #11
                      Re: Getting court order to see daughter as ex is irrisponsible, LIP Help Needed!!

                      My opinion is you are going to need proper advice, most Solicitors will do a free 20-30 minute session and/or fixed fee interviews. Otherwise you'll still be doing this in 10 years time. Are you a member of a Trade Union as often you can get fee legal advice.

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                      • #12
                        Re: Getting court order to see daughter as ex is irrisponsible, LIP Help Needed!!

                        No I'm not but ill see if anyone will do a free session

                        Comment


                        • #13
                          Re: Getting court order to see daughter as ex is irrisponsible, LIP Help Needed!!

                          Worth looking at these for pro bono legal representation:

                          http://www.barprobono.org.uk/

                          http://www.lawworks.org.uk/

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