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Ex stopping me seeing my son.
#1
Hi all, 

I'm Anthony, 28 from xxxx. I am a proud father of a 14 month old son, Seth. 

Me and my ex split not too long after he was born and we had an arrangement for me to see him twice a week as I was out of work at the time.
My Ex then got with someone new and within a month she has sold her house and moved to xxxx and moved in with her new BF. She has taken my son and stopped all my contact with him. She has changed her phone number and blocked any contact through social media. I do how ever have their address but she says that she will phone the police on me if I turn up there and I know that will only look bad on my part. 

I am now working but I am on a low income so I'm looking for the best route for me to go down to be able to be the father my son deserves. 

Any help would be greatly appreciated. 

Anthony.


LOCATIONS REMOVED BY MARKR, TO ENSURE PERSONS INVOLVED CAN NOT BE IDENTIFIED WHAT COULD PREJUDICE A COURT HEARING.

England Law applies in this case, there is a relocation of about 50-60 miles, Just over a hour by car, but very limited public transport to where she has gone.
Reply
#2
(03-30-2017, 08:09 AM)oneprouddad Wrote: Hi all, 

I'm Anthony, 28 from xxxx. I am a proud father of a 14 month old son, Seth. 

Me and my ex split not too long after he was born and we had an arrangement for me to see him twice a week as I was out of work at the time.
My Ex then got with someone new and within a month she has sold her house and moved to xxxx and moved in with her new BF. She has taken my son and stopped all my contact with him. She has changed her phone number and blocked any contact through social media. I do how ever have their address but she says that she will phone the police on me if I turn up there and I know that will only look bad on my part. 

I am now working but I am on a low income so I'm looking for the best route for me to go down to be able to be the father my son deserves. 

Any help would be greatly appreciated. 

Anthony.


LOCATIONS REMOVED BY MARKR, TO ENSURE PERSONS INVOLVED CAN NOT BE IDENTIFIED WHAT COULD PREJUDICE A COURT HEARING.

England Law applies in this case, there is a relocation of about 50-60 miles, Just over a hour by car, but very limited public transport to where she has gone.

First of all, I need to make sure you have PR, as without it you have no rights, with it your on the same legal standing until a Court Order exists.

Are you named on the Birth Certificate, Married to your ex on day of birth or obtained PR any other way (you would know)?

If not, you need to file a C100, to apply to court for PR, if you ex will not agree to it. The only defence she can run is the obvious, and a court would then order DNA test.

As the child is under 2, you could normally get 4-6 hours, over 1 or 2 days in terms of contact.
From 2 in your situation, it would depend on your availability, but along the lines of Friday till Sunday, and up to half school holidays is the normal.

You need Mediation (except to gain PR) before you can bring a Child Arrangements Application in this case, but you might be able to get Legal Aid for this.

To apply to court (for PR or Child Arrangements) its currently £215, but it can be reduced if your on a low income, free if on some benefits. Contact your local court office about this to see what evidence they need for a reduction.

You can not get Legal Aid for Court, but we can advise you on the process etc if you want. Most of us on here have Self Represented in our own cases, so have first hand experience of this.
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
#3
(03-30-2017, 08:36 AM)MarkR Wrote:
(03-30-2017, 08:09 AM)oneprouddad Wrote: Hi all, 

I'm Anthony, 28 from xxxx. I am a proud father of a 14 month old son, Seth. 

Me and my ex split not too long after he was born and we had an arrangement for me to see him twice a week as I was out of work at the time.
My Ex then got with someone new and within a month she has sold her house and moved to xxxx and moved in with her new BF. She has taken my son and stopped all my contact with him. She has changed her phone number and blocked any contact through social media. I do how ever have their address but she says that she will phone the police on me if I turn up there and I know that will only look bad on my part. 

I am now working but I am on a low income so I'm looking for the best route for me to go down to be able to be the father my son deserves. 

Any help would be greatly appreciated. 

Anthony.


LOCATIONS REMOVED BY MARKR, TO ENSURE PERSONS INVOLVED CAN NOT BE IDENTIFIED WHAT COULD PREJUDICE A COURT HEARING.

England Law applies in this case, there is a relocation of about 50-60 miles, Just over a hour by car, but very limited public transport to where she has gone.

First of all, I need to make sure you have PR, as without it you have no rights, with it your on the same legal standing until a Court Order exists.

Are you named on the Birth Certificate, Married to your ex on day of birth or obtained PR any other way (you would know)?

If not, you need to file a C100, to apply to court for PR, if you ex will not agree to it. The only defence she can run is the obvious, and a court would then order DNA test.

As the child is under 2, you could normally get 4-6 hours, over 1 or 2 days in terms of contact.
From 2 in your situation, it would depend on your availability, but along the lines of Friday till Sunday, and up to half school holidays is the normal.

You need Mediation (except to gain PR) before you can bring a Child Arrangements Application in this case, but you might be able to get Legal Aid for this.

To apply to court (for PR or Child Arrangements) its currently £215, but it can be reduced if your on a low income, free if on some benefits. Contact your local court office about this to see what evidence they need for a reduction.

You can not get Legal Aid for Court, but we can advise you on the process etc if you want. Most of us on here have Self Represented in our own cases, so have first hand experience of this.

Thank you for your reply. Yes I am on the birth certificate and he has my last name. 

Does mediation cost? I would be happy with 4-6 hours at the moment and hopefully look towards having him for the night when/if things get better.
Reply
#4
(03-30-2017, 09:50 AM)oneprouddad Wrote:
(03-30-2017, 08:36 AM)MarkR Wrote:
(03-30-2017, 08:09 AM)oneprouddad Wrote: Hi all, 

I'm Anthony, 28 from xxxx. I am a proud father of a 14 month old son, Seth. 

Me and my ex split not too long after he was born and we had an arrangement for me to see him twice a week as I was out of work at the time.
My Ex then got with someone new and within a month she has sold her house and moved to xxxx and moved in with her new BF. She has taken my son and stopped all my contact with him. She has changed her phone number and blocked any contact through social media. I do how ever have their address but she says that she will phone the police on me if I turn up there and I know that will only look bad on my part. 

I am now working but I am on a low income so I'm looking for the best route for me to go down to be able to be the father my son deserves. 

Any help would be greatly appreciated. 

Anthony.


LOCATIONS REMOVED BY MARKR, TO ENSURE PERSONS INVOLVED CAN NOT BE IDENTIFIED WHAT COULD PREJUDICE A COURT HEARING.

England Law applies in this case, there is a relocation of about 50-60 miles, Just over a hour by car, but very limited public transport to where she has gone.

First of all, I need to make sure you have PR, as without it you have no rights, with it your on the same legal standing until a Court Order exists.

Are you named on the Birth Certificate, Married to your ex on day of birth or obtained PR any other way (you would know)?

If not, you need to file a C100, to apply to court for PR, if you ex will not agree to it. The only defence she can run is the obvious, and a court would then order DNA test.

As the child is under 2, you could normally get 4-6 hours, over 1 or 2 days in terms of contact.
From 2 in your situation, it would depend on your availability, but along the lines of Friday till Sunday, and up to half school holidays is the normal.

You need Mediation (except to gain PR) before you can bring a Child Arrangements Application in this case, but you might be able to get Legal Aid for this.

To apply to court (for PR or Child Arrangements) its currently £215, but it can be reduced if your on a low income, free if on some benefits. Contact your local court office about this to see what evidence they need for a reduction.

You can not get Legal Aid for Court, but we can advise you on the process etc if you want. Most of us on here have Self Represented in our own cases, so have first hand experience of this.

Thank you for your reply. Yes I am on the birth certificate and he has my last name. 

Does mediation cost? I would be happy with 4-6 hours at the moment and hopefully look towards having him for the night when/if things get better.

Mediation is done by private companys, but has set standards they have to operate to. Normally it has to be done in the area the child is located, so you would have to phone a company in that area.

Note not all do Legal Aid, so my advise is to phone one that does, and see if you can get legal aid. If you can not, then like anything else, shop arround to make sure you get the best price you can.

To go to court you need either

a, an agreement to be made, and not followed
b, her to "no show" (the mediation company give you a letter to show court)
c, the mediator to give you a "deadlock" letter, if things can not be agreed.
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
#5
(03-30-2017, 11:59 AM)MarkR Wrote:
(03-30-2017, 09:50 AM)oneprouddad Wrote:
(03-30-2017, 08:36 AM)MarkR Wrote:
(03-30-2017, 08:09 AM)oneprouddad Wrote: Hi all, 

I'm Anthony, 28 from xxxx. I am a proud father of a 14 month old son, Seth. 

Me and my ex split not too long after he was born and we had an arrangement for me to see him twice a week as I was out of work at the time.
My Ex then got with someone new and within a month she has sold her house and moved to xxxx and moved in with her new BF. She has taken my son and stopped all my contact with him. She has changed her phone number and blocked any contact through social media. I do how ever have their address but she says that she will phone the police on me if I turn up there and I know that will only look bad on my part. 

I am now working but I am on a low income so I'm looking for the best route for me to go down to be able to be the father my son deserves. 

Any help would be greatly appreciated. 

Anthony.


LOCATIONS REMOVED BY MARKR, TO ENSURE PERSONS INVOLVED CAN NOT BE IDENTIFIED WHAT COULD PREJUDICE A COURT HEARING.

England Law applies in this case, there is a relocation of about 50-60 miles, Just over a hour by car, but very limited public transport to where she has gone.

First of all, I need to make sure you have PR, as without it you have no rights, with it your on the same legal standing until a Court Order exists.

Are you named on the Birth Certificate, Married to your ex on day of birth or obtained PR any other way (you would know)?

If not, you need to file a C100, to apply to court for PR, if you ex will not agree to it. The only defence she can run is the obvious, and a court would then order DNA test.

As the child is under 2, you could normally get 4-6 hours, over 1 or 2 days in terms of contact.
From 2 in your situation, it would depend on your availability, but along the lines of Friday till Sunday, and up to half school holidays is the normal.

You need Mediation (except to gain PR) before you can bring a Child Arrangements Application in this case, but you might be able to get Legal Aid for this.

To apply to court (for PR or Child Arrangements) its currently £215, but it can be reduced if your on a low income, free if on some benefits. Contact your local court office about this to see what evidence they need for a reduction.

You can not get Legal Aid for Court, but we can advise you on the process etc if you want. Most of us on here have Self Represented in our own cases, so have first hand experience of this.

Thank you for your reply. Yes I am on the birth certificate and he has my last name. 

Does mediation cost? I would be happy with 4-6 hours at the moment and hopefully look towards having him for the night when/if things get better.

Mediation is done by private companys, but has set standards they have to operate to. Normally it has to be done in the area the child is located, so you would have to phone a company in that area.

Note not all do Legal Aid, so my advise is to phone one that does, and see if you can get legal aid. If you can not, then like anything else, shop arround to make sure you get the best price you can.

To go to court you need either

a, an agreement to be made, and not followed
b, her to "no show" (the mediation company give you a letter to show court)
c, the mediator to give you a "deadlock" letter, if things can not be agreed.

Ok brilliant, I will get on to some tomorrow and see what I can and can't get in terms of legal aid and then go from there. I really appreciate your help.
Reply
#6
Hi,

If she has moved to a remote location you may already be exempted from mediation.

The rule is I believe if there is no provider within 15 miles or if they can't offer an appointment within 15 days you can go straight to court.

Consider as backup.

F.
Reply
#7
(03-30-2017, 09:01 PM)Frisbos Wrote: Hi,

If she has moved to a remote location you may already be exempted from mediation.

The rule is I believe if there is no provider within 15 miles or if they can't offer an appointment within 15 days you can go straight to court.

Consider as backup.

F.

Frisbos,

Ive sent you some detail on the locations by PM, as you know more about this side of things.
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
#8
(03-30-2017, 09:01 PM)Frisbos Wrote: Hi,

If she has moved to a remote location you may already be exempted from mediation.

The rule is I believe if there is no provider within 15 miles or if they can't offer an appointment within 15 days you can go straight to court.

Consider as backup.

F.

Ah i see. Yes the location is a little village and I doubt there would be much around for 15 or so miles.

(03-31-2017, 05:58 AM)MarkR Wrote:
(03-30-2017, 09:01 PM)Frisbos Wrote: Hi,

If she has moved to a remote location you may already be exempted from mediation.

The rule is I believe if there is no provider within 15 miles or if they can't offer an appointment within 15 days you can go straight to court.

Consider as backup.

F.

Frisbos,

Ive sent you some detail on the locations by PM, as you know more about this side of things.

Thanks Mark
Reply
#9
Hi,

1. Exemption
the prospective applicant has contacted as many authorised family mediators as have an office within 15 miles of his or her home (or three of them if there are three or more), and all of them have stated that they are not available to conduct a MIAM within 15 business days of the date
of contact; and (ii) the names, postal addresses and telephone numbers
or e-mail addresses for such authorised family mediators, and the dates of contact, can be provided to the court if requested.

2. Exemption
there is no authorised family mediator with an office within 15 miles of the prospective applicant’s home.

It is unrealistic that she will come to do mediation at your place and I doubt that there is any mediation available at her place.

F.
Reply


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