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Waiting for court dates
#1
My story is I see my kids every two weeks after their mom took them away without even considering me or the kids. I had a very active role in their lives before this. She's shacked up with a new guy and suddenly doesn't wanna see me. She has no reason for this, the relationship ended mutually, no anger or anything (small amount of bitterness but that's expected). Now she's having me pick the kids up every 2 weeks from her parents house, who I feel very uncomfortable around. They've always judged me and never been very nice to me in general. The atmosphere when I get there is terrible.

So I'm planning of going through mediation and if necessary, going down the court route to get arrangements set in place which is best for everyone. I don't believe the kids need to grow up with animosity between the people that care about them.

My question is if I go down the mediation route and if necessary, the court route, what kind of access will I be entitled to while waiting for court dates and such?

I understand while mediation is in play, there is no reason to block access because there is nothing legal about it?
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#2
(10-17-2016, 08:54 AM)mikedad Wrote: My story is I see my kids every two weeks after their mom took them away without even considering me or the kids. I had a very active role in their lives before this. She's shacked up with a new guy and suddenly doesn't wanna see me. She has no reason for this, the relationship ended mutually, no anger or anything (small amount of bitterness but that's expected). Now she's having me pick the kids up every 2 weeks from her parents house, who I feel very uncomfortable around. They've always judged me and never been very nice to me in general. The atmosphere when I get there is terrible.

So I'm planning of going through mediation and if necessary, going down the court route to get arrangements set in place which is best for everyone. I don't believe the kids need to grow up with animosity between the people that care about them.

My question is if I go down the mediation route and if necessary, the court route, what kind of access will I be entitled to while waiting for court dates and such?

I understand while mediation is in play, there is no reason to block access because there is nothing legal about it?

While no case is the same, typical contact is Friday till Sunday, and up to half school holidays. Mid week visits make it more towards shared care.

As part of a court process, you need to do a Position Statement, setting out what your asking for (you get ordered to do this at First Hearing, and have 2-3 weeks to file it). This can also have collection and return arrangements in it. In my case, I collect the children from school on a Friday, and drop them back near where my ex lives, on the Sunday.

The Judge has to decide if your being reasonable, and if it leaves your ex with "quality time".

Orders are only made for at times you ask for, what might not always be when the Resident Parent wants it to take place. If your ex is using child care, and your available then courts look more favourably on increasing time these days.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
(10-17-2016, 06:33 PM)MarkR Wrote:
(10-17-2016, 08:54 AM)mikedad Wrote: My story is I see my kids every two weeks after their mom took them away without even considering me or the kids. I had a very active role in their lives before this. She's shacked up with a new guy and suddenly doesn't wanna see me. She has no reason for this, the relationship ended mutually, no anger or anything (small amount of bitterness but that's expected). Now she's having me pick the kids up every 2 weeks from her parents house, who I feel very uncomfortable around. They've always judged me and never been very nice to me in general. The atmosphere when I get there is terrible.

So I'm planning of going through mediation and if necessary, going down the court route to get arrangements set in place which is best for everyone. I don't believe the kids need to grow up with animosity between the people that care about them.

My question is if I go down the mediation route and if necessary, the court route, what kind of access will I be entitled to while waiting for court dates and such?

I understand while mediation is in play, there is no reason to block access because there is nothing legal about it?

While no case is the same, typical contact is Friday till Sunday, and up to half school holidays. Mid week visits make it more towards shared care.

As part of a court process, you need to do a Position Statement, setting out what your asking for (you get ordered to do this at First Hearing, and have 2-3 weeks to file it). This can also have collection and return arrangements in it. In my case, I collect the children from school on a Friday, and drop them back near where my ex lives, on the Sunday.

The Judge has to decide if your being reasonable, and if it leaves your ex with "quality time".

Orders are only made for at times you ask for, what might not always be when the Resident Parent wants it to take place. If your ex is using child care, and your available then courts look more favourably on increasing time these days.
She moved the kids away about 15-20 miles from me without consulting me, I wasn't aware of prohibition orders and stuff at the time but with that being said, I'd happily travel. 

Main thing I wanted to know is if the court takes say...3 months waiting for arrangement order, what access do I get in these 3 months and who makes this choice?

I'd also like advice on use of a middleman, we're currently using her parents who I am very uncomfortable with. (again, this was forced on me). Thing is the use of a middleman is completely unnecessary, the relationship ended quite amicably by most standards. Even before she moved away, I was seeing the kids all the time for a month or so after the break-up, very active in their lives.
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#4
(10-18-2016, 06:30 PM)mikedad Wrote:
(10-17-2016, 06:33 PM)MarkR Wrote:
(10-17-2016, 08:54 AM)mikedad Wrote: My story is I see my kids every two weeks after their mom took them away without even considering me or the kids. I had a very active role in their lives before this. She's shacked up with a new guy and suddenly doesn't wanna see me. She has no reason for this, the relationship ended mutually, no anger or anything (small amount of bitterness but that's expected). Now she's having me pick the kids up every 2 weeks from her parents house, who I feel very uncomfortable around. They've always judged me and never been very nice to me in general. The atmosphere when I get there is terrible.

So I'm planning of going through mediation and if necessary, going down the court route to get arrangements set in place which is best for everyone. I don't believe the kids need to grow up with animosity between the people that care about them.

My question is if I go down the mediation route and if necessary, the court route, what kind of access will I be entitled to while waiting for court dates and such?

I understand while mediation is in play, there is no reason to block access because there is nothing legal about it?

While no case is the same, typical contact is Friday till Sunday, and up to half school holidays. Mid week visits make it more towards shared care.

As part of a court process, you need to do a Position Statement, setting out what your asking for (you get ordered to do this at First Hearing, and have 2-3 weeks to file it). This can also have collection and return arrangements in it. In my case, I collect the children from school on a Friday, and drop them back near where my ex lives, on the Sunday.

The Judge has to decide if your being reasonable, and if it leaves your ex with "quality time".

Orders are only made for at times you ask for, what might not always be when the Resident Parent wants it to take place. If your ex is using child care, and your available then courts look more favourably on increasing time these days.
She moved the kids away about 15-20 miles from me without consulting me, I wasn't aware of prohibition orders and stuff at the time but with that being said, I'd happily travel. 

Main thing I wanted to know is if the court takes say...3 months waiting for arrangement order, what access do I get in these 3 months and who makes this choice?

I'd also like advice on use of a middleman, we're currently using her parents who I am very uncomfortable with. (again, this was forced on me). Thing is the use of a middleman is completely unnecessary, the relationship ended quite amicably by most standards. Even before she moved away, I was seeing the kids all the time for a month or so after the break-up, very active in their lives.
You can ask for an Interim Order at the first hearing.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
Reply


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