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Hi, I'm new here, any good advice welcome!
#1
Hi I'm Chris,

recently been told via text message following a short but volatile argument caused by me for behaving irritably toward her (my ex of 3 years now (I am in the process of giving up cigarettes!) that I may not see my son and that I must seek legal advice. She has stopped me from seeing my son before for 4 months for reasons I wont get into, let us just say for outrageous and extremely hurtful reasons.

She wont reply to my text messages (which are always polite and to the point regarding our 5 year old son). Usually we have been able to come to arrangements regarding time spent with our son in the past but this time I think there is no chance of that!

What on Earth do I do now? I've never been in this position before! Shall I get a solicitor? Shall I see if I can get legal aid for a solicitor or a mediator? I work full time. I live on my own in a flat.

Heeelp!

Thank you, kind regards.

Chris. Undecided
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#2
(07-07-2016, 05:42 PM)chrisgardiner Wrote: Hi I'm Chris,

recently been told via text message following a short but volatile argument caused by me for behaving irritably toward her (my ex of 3 years now (I am in the process of giving up cigarettes!) that I may not see my son and that I must seek legal advice. She has stopped me from seeing my son before for 4 months for reasons I wont get into, let us just say for outrageous and extremely hurtful reasons.

She wont reply to my text messages (which are always polite and to the point regarding our 5 year old son). Usually we have been able to come to arrangements regarding time spent with our son in the past but this time I think there is no chance of that!

What on Earth do I do now? I've never been in this position before! Shall I get a solicitor? Shall I see if I can get legal aid for a solicitor or a mediator? I work full time. I live on my own in a flat.

Heeelp!

Thank you, kind regards.

Chris. Undecided

The bad news is you can not get Legal Aid for a Solicitor for this type of thing anymore.

Where you can not afford it, you can (like what I did) Self Represent.

I am not seeing anything what might give you a direct route to court, so you need to instruct a Mediation Company. You might get legal aid, it depends on your income, so speck to them about that.

What would help if this ends up in court, is prove that she has allowed contact in the past, as it would then be up to her to prove "significant" reason why to stop it.

To go court you need a Mediation "deadlock" letter, or letter confirming she did not attend.

At first hearing, Position Statements and maybe other reports will be ordered. When you go back for Directions, any ridicules/untrue claims by her you can ask the court to put down for a "Finding of Fact" Hearing. She would have to prove them.
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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