Contact Orders: The Process

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Contact Orders: The Process

As a devoted father, you will want to maintain a close relationship with your children. Hopefully, your relationship will remain amicable with the mother of your children. Unfortunately, this is not always the case and you may find that you have to fight to see your children or alternatively, if the children live with you, then their mother may wish for contact.

Before beginning the court process for contact arrangements, you'll need to ensure you have the correct documentation by using our free Court Form Finder.

There are a number of types of arrangements which can work for different families. The courts can make several orders under the Children Act 1989 in order to facilitate those arrangements where necessary.

The Courts are primarily concerned with the welfare of the child or children above everything else. Under section 8 of the Children Act, the Court can make a contact order.

A contact order specifies how often the parent who does not live with the child should see the child or children and the terms of that contact.

The Process

If you wish to apply for a contact order, the actual process differs according to your locality. You will need to make an application to either the County Court, the High Court or the Family Proceedings Court. A copy of the application is then served on the Respondent, who is commonly the other parent.

CAFCASS Officer

You will then be required to attend a hearing. At that hearing or shortly before, both parents are usually invited to attend a relatively brief meeting with a Children and Families Court Advisory Service officer (also known as a CAFCASS Officer). A CAFCASS Officer is someone who is experienced in dealing with conflicts regarding children. At this meeting, the Officer listens to both parties and sees if there are any areas of agreement.

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First Hearing

During the first hearing, the Judge (usually a District Judge) will ask the CAFCASS Officer for advice (if they are present) and will identify the areas of agreement and also any areas in dispute such as visitation rights etc. This hearing is usually short in length and in most instances the parents may not even speak with the Judge.

Where no agreement is reached, the Judge may ask for a detailed report to be drafted by the CAFCASS Officer. This can take anything from three to four months and therefore, you may wish to request that the Court grants some contact in the interim period.

What Will the Report Detail?

The CAFCASS Officer will interview and possibly observe a number of things before reporting back to the Court. They will want to speak with both parents, possibly the school and may want to speak with family members. They may also wish to observe contact between parent and child in some cases. Depending on the age of the child, an Officer will speak to them alone to understand their wishes and feelings. The report is not “secret” and both parents get to see a copy before it goes in front of the Judge.

After this stage, there will be a further short hearing. A court will not always make an order. Most cases end at this point once both parents have reviewed the recommendations of the CAFCASS Officer and they decide to try the recommended contact arrangements.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

What Are the Considerations?

When reviewing applications, the Court, Judge and CAFCASS Officer will take a number of factors into consideration with regards to the child or children’s welfare. These are:

  • What is deemed to be best for the child and the feelings and wishes of the child. This is considered according to the child's age and understanding;
  • How capable the parents (and any other relevant people) are of meeting the needs of the child or children;
  • Any harm that the child is at risk of suffering or has suffered;
  • The likely affect of a change of circumstances on the child;
  • The age, background, personality, sex and any other characteristics that the Court believes to be relevant; and
  • The child's emotional, physical and educational needs.

Final Hearing

Only if a parent does not agree to the recommendations, will a final hearing take place. In these circumstances, the Court hears evidence from the parents and any witnesses as necessary, before finally making a Contact Order.

It is important to remember that although this process may seem rather arduous and lengthy, the end result will be worth it. The most important consideration for the Court is what is best for the child. If you are a good father and want the best for your child or children, then you will be able to have contact with them in the end. Good luck and if you are fortunate enough to get the contact you need, check out our feature on coping between contact periods.

The Next Step

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SeparatedDads Editor 23/05/2026 at 9:16 am
@Christopher Sounds like you've made peace with it, which is more than a lot of blokes in your shoes manage. The not knowing for sure is often the part that eats away, so reaching a point where it genuinely doesn't matter is no small thing. If you ever did want certainty, a DNA test is cheap and easy now, but honestly if life is good, why dig it up. Glad you're in a better place.
Christopher 19/07/2024 at 3:58 am
@zibaalah.(I’m strong )to answer your question do i believe the girl is mine ?.(honestly gods truth I don’t believe I’m the biological father ).but it doesn’t matter any more because I never paid support and the kid is a adult now .so it’s water under the bridge for me now .in reality I’m in the best place right now .life is good
Naz 28/03/2023 at 3:22 pm
This is my third application in family court after meet all the requirements court ask me to do in last final court order. This application according to cafe case I should do 4 video call 4 supervised contact and 2 unsupervised contact with child after doing that my ex lie that child don’t want to see his father so last court hearing court involved cafecass again and ask cafecass officer to attend on 11th may coming court hearing i don’t have solicitors im scared that my ex will take my child away for forever I’m looking for help so someone can come court with me please
C laurie 04/09/2022 at 1:20 am
Another fathers day no visits no jocks or socks or gift cards ,I got the worst daughter in the world ha ha ha she reminds me off myself ,happy fathers to me ,(love you bree )
Gab D'Vee 31/08/2022 at 3:32 pm
Section 8 of the Children Act 1989 refers to Child Arrangements Orders, which apply in cases of parental separation, divorce, etc.

Contact Orders are derived from Section 34 of the Children Act 1989, and concern children in local authority care ("looked after children") where a care order has been issued by the court.
Billy 22/07/2022 at 1:12 am
@pat,my name Is Bill and I shoot to kill .I sorry to hear this my deepest apologies .my grandson he knocked up the town trollop and she won't let him see is baby aswell what's the world coming to these millenniums they are a different breed two busy taking photos off there self these young ones like to document everything the other day I was out shopping and I seen these young fella ha ha ha I thought he was talking to a( tree )my friend said he's filming wtf .there only one guy on this planet who can get away with that and that's David Edinburgh from national geographic. This clown looked insane was a good laugh .yeah my advice give up there no hope trust me .
Pat 21/07/2022 at 2:17 pm
My son ex partner as stopped us all having contact with the children . She as applied for a court contract order putting in place . It’s been 13 weeks . Can she stop contact while we are waiting for a court date .
Zibaalah 30/09/2021 at 7:03 am
@christopher - I'd like to think social services would contact you if your daughter was at harm, as you have parental rights. Do you believe her to be? Sorry to read you've missed your daughter grow up. The mom won't rest in the grave.. She'll answer for it all. Stay strong man!
Zibaalah 29/09/2021 at 2:03 pm
I need assistance..
I seperated from my daughters mom 2 years ago. She took me to court making allegations of domestic violence, and also said she feared I was going to take my daughter away. Cafcass involved etc....got cao in place stating I can see daughter unsupervised as I was no threat to daughter 2 days per week 3 hours each day, to increase in time, and stop overs once no longer breastfeeding (2 at time she's now 4). Since then I've had an increase of 3 hours each day totalling 12hours per week, and no stop overs (keeps moving goal posts). For the past few months she's me messaging me and we've been meeting up and being intimate. We get along well, and I have a fantastic relationship with my daughter despite time constraints. I want to take her to court for joint custody, but I'm so anxious that I won't get what I want and deserve. Has anyone took an ex to court and won joint custody? If so I'd some advice. Thanks
Gaz 24/02/2021 at 4:23 am
Hi I have so to speak lost contact with my new baby boy it’s not so much lost as it’s more difficult at the time were in and the mother isn’t making it any easier for me as we made arrangements for her to drive to bring him to mine and stay Sunday's I’m on the sick at the moment but not classed unfit to see my child but I pay her money and bills but I had savings and they ran out and the money I give her has dropped by half I told her she was fine and I sent it and haven’t not sent money she really appreciate what I’m doing giving the current situation I’m living as I’m still house hunting as I’ve told her I’ve met another person she she conveniently couldn’t drive no petrol and say if I want to see him why can’t I got there as I informed her she had the last of my money for my baby boy I was wondering what to do about this thank you
Scotty 22/01/2021 at 5:44 am
Hi I’m trying to gain contact with my boy after ten years,, me and his mom ended on bad terms, her and her new boyfriend came and forcefully took my boy away which the police didn’t believe and I also had an injunction taken out on me for 18 months because all of the lies she told the police,,, I’m clueless as to where to start any help would be very much appreciated,, I stayed away for so long because I didn’t want to disrupt my boys upbringing as every time Iv tried to get in contact I just ended up receiving death threats from her family members,, please get in contact if anybody can point me in the right direction and thank you in advance
Drew 29/12/2020 at 12:45 am
My son is having problems in family court. Everyone is against him. He doesn't even receive timely information about his 15-yr-old daughter. She's in a foster home; neither parent is deemed ready to have custody. She doesn't want to live with her father - my son. But he just wants to keep in touch. We're looking for a support group or organization to help us out in Champaign, IL. We can't afford a father's rights lawyer. His public defender is terrible. Ideas? Drew
Tomo 20/11/2020 at 8:24 pm
Hello all I lost all contact with my son due to my sons mother and new partner not wanting me involved in my sons life jealousy being the true nature its been 1yr over a 5 Yr order can anyone help in regards to wot I do to get back in touch with my little boy
Kat 11/11/2020 at 1:41 pm
Hi my ex has a contact order with cafcass rec . he has not allowed contact yet my daughter is now wanting to have contact with me and hes refusing to even talk about it with her. the case closed in 2014 where a report was done without a single visit with them just on what the father has cooked up . I dont know where to start could anyone help me with this ?
Bashybash 15/10/2020 at 6:02 am
I am going through this court proceeding and I have learnt so many things. No matter what happens you will get to see your child. Don’t let any solicitor or barrister scare you. It’s advisable you use a barrister or you might get a crappy order but solicitor might not be necessary if you don’t have the money. Just complete the process and you will see your child. The worst case scenario is you will go for the DAPP course. Let her lie all the lies she can lie, make sure you have evidence to prove she’s a liar and the court will not believe any other thing she says. You will see your child eventually. But make sure you don’t have alcohol problems or any mental health that can make court decide otherwise. If you do make sure you can prove that it’s no longer an issue. Some Solicitors always want to stretch the case, don’t trust them. Some barristers will want to stretch it too, stand your ground and tell them you want it to end as soon as possible. If you notice the barrister is trying to stretch it, tell the barrister that you are instructing him or her to not stretch it and make it fast. Also make sure you are calling the court to be sure processes are going as it should. If not it will take longer than usual. Best of luck guys.
Stark20 09/09/2020 at 1:18 pm
Hi,

I'm sorry this is the wrong place to question this but, I feel like you guys may be able to help me out here.

I'm currently in a relationship where my partner and her ex are now going down the court route.

I personally have enough going on in my life and the thought of having to be involved with something that shouldn't really require me to be part of. But I fear as I spend time with the daughter there's a good chance they will want to talk me, I suspect?

(Not to sound selfish or anything but this is between the both of them. If I was in her shoes, I wouldn't want her to suffer any stress because of something I have going on. I wan the best for the child 100%).

Can anyone shed some light on the situation at all? What's likely to happen? Will they need to speak to me about it? CRB check I suspect?

I'm just trying to prepare myself for this type of thing to happen as I suffer with serious anxiety and puts lots of stress and pressure on me.

I hope you can help.
jimmy86 24/08/2020 at 11:37 pm
to cut a long story short the mother of my children got a non molestation order against me last August and within 2 weeks of this contacted me to give the relationship another try. She moved back in with me with my son which i had to hide from social services as she said if i told anyone she would stop me seeing my son again. She kept using my son to control me and every time i didn't do what she wanted would disappear with him so eventually after having enough of her games I told social services the truth. Even though she had lied as well it only went against me. In March this year court for child arrangements order stated I could have a video call with my son and see him in a contact centre fully supervised under the mothers request. She then contacted me and invited me round her house, after she had made allegations of me being a threat to her and my son and refused to put me on my daughters certificate to safe guard her. For the last four months I had ro hide this from everyone under her threats that if i told anyone the children would be taken away. All part of her coercive control. Eventually I couldnt take her using the children as weapons anymire and ended the relationship and now she wont let me see them and is following the court order to the letter. Can I go back to court even after final arrangements order,and use this in my favour to get more custody legally as she clearly didn't see me as a threat to my children if she was happy for me to live with them?
Elizabeth 24/08/2020 at 1:47 pm
seriously don't waste your time with these child arrangement orders. We did this in 2018 as the Mother was always changing arrangements or withholding kids. Applied for an Enforcement earlier this year with substantial evidence as she withheld the children for 3 months. Mother lied under oath saying one of the children had mental health issues. I got a SARS request to prove that she hadn't been to the Doctors or referred for any mental health help and the court/judge wasnt interested. Now I don't see one of the children due to this. Fathers are not looked after in the court. If someone doesn't adhere to the order they don't care, don't enforce it or give any penalties. Such a sad state of affairs. Yet another child ripped from their Father as the Mother lies and plays games. Such a shame. Dont waste your money.
Danni 21/06/2020 at 2:18 pm
My brother is going though this he spilt up with the mother of his child and at one point was letting him see him to nothing been over 6 month she spites all the family we havnt seen him has anyone got any advice for us ?
Thanks
raf87 28/01/2020 at 4:37 pm
Hi today was a hearing about the child arrangement... Ex was trying to force me to look after the Kids only when she want it means when she is at work from 2pm Saturday to Monday 4 30 after school we have 3 Kids 6 5 and 2 years old... And after some arguments I agree with it in the cort and went back from the court with the order saying I will have the Kids every all weekend but after few hours I found I will not have the time for my self at all this way and thinking it is not what I was looking for.... Is it possible to change the mind after one day and change the order or I must start the proces again through the court application etc... please
C.laurie 09/01/2020 at 9:11 pm
@mikeandjj.well mike when I went though the whole break up with the mother years ago I was put on all sorts off orders and wasn’t allowed to apply for( visitation) and if I remember correctly the last time I sat in the (lock up )over her mother i was (done) I had a injured arm at the time and I serously injured in the lock up where I was taking to hospital for surgery (again )under police guard it was very embarrassing to have everyone looking at me and been chaperoned bye the police at the hospital in prison browns .and j j because all this I refuse to have any contact with her mother I will (not )co parent with her and I don’t want any contact with her daughter my only demand is F off and leave me alone forever .
Mike 09/01/2020 at 10:03 am
Why is this site and its advice so obviously out-of-date or not suitable for the UK? You refer to Contact Orders which no longer exist and the CPS with regard child maintenance and they too no longer exist, being replaced by the CMS years ago.

The advice given is useless as it is not specific to different country's legal systems
JJ 04/01/2020 at 9:34 am
My ex has barely seen our kids, has moved abroad for almost 7 years with no contact and on occasion blocked me for 7 months in the UK. I've offered contact but he won't accept it unless it's exactly on his terms which are ridiculous, he wants LESS than the basic minimum I've offered, he refuses to have direct contact with me or to co-parent (tbh kinda of grateful for this demand because he's awful) just wondering has anyone ever had a father refusing to have contact while constantly demanding it? Because it's off the charts bizarre!!
Bill 16/08/2019 at 7:49 pm
Hi there just needing some advice.
I have a court order and it says that I am to have indirect phone calls with my son every Wednesday at 5pm. My sons mother isn’t consistent with encouraging the phone calls. They rarely happen if at all. If I do talk to him it’s only for a minimum of 5-10 minutes. There is always distractions in the background his end.
I have been lenient with the phone calls being slightly later but the time will exceed over 2 hours to the time in the court order.
I just want to know my rights on where I stand with this , as it is becoming frequent. I want to do an enforcement order but I’m not sure if it is strong enough to do so. Could someone please help me
H 12/08/2019 at 5:34 pm
I want to take out s contact order against my daughters Aunt & Uncle & Cousin being allowed or in my daughters company. Can I do this
James 07/07/2019 at 4:35 am
Hi my name is James. A few years ago I lived in England on a visa that allowed me to work and live in the UK for 2 years as a chef. When I lived there, I met a young lady and had a relationship with her and a child came out of it. My son is now 3 years old. I have been as present as possible with my son since his birth and have developed a very good relationship with him. As of about 3 weeks ago his mother has almost completely cut off contact with him and I. She has been to a solicitor without my knowledge and has set out for me to face time with my son every Tuesday and Thursday for 30 min, which has gone down from me seeing him minimum 4 times a week. All of this has happened over a letter of consent that I did not write for her on the day she asked for it, to take him to Spain. ( I am on his birth certificate so she needs my consent to take him abroad) I have complied with absolutely everything since his birth. The solicitor wrote me a letter stating not to have contact until the letter of consent was resolved. I wrote the consent letter the exact same day it was sent to me because I didn’t want to be cut off from my son. Contact was cut off for almost a full week after the consent was written. If there is anyone that is able to give me some sort of help or direction as to what to do next that would be great. I have a strong letter in response to this solicitors order for me to only see him a couple times a week over FaceTime. I am worried my relationship with him is being manipulated and I don’t want to lose him. Please help.
badmaas 16/05/2019 at 8:51 pm
Guys, Man up! If you want to see your child then go and see him/her. I had so many runnings with the police... but it was worth it, Went to their schools, playground and anywere i deemed appropiate; keep you high and tell everyone off that tries to stop you. Police being called? You wont get charged, just be polite, informed, prepared and show your child that you fight for him/her. They will remember, and will make their own choices when they see their peers having a family life. In terms of cost for legal advice, my advice is to educate yourself on Family law, relevant case law and other regulations. I have done it and it worked!
Col 27/03/2019 at 11:00 am
Hi there baisicly I've been separated from my ex wife for over 2 years now and she got me arrested for assault and threatening words and behaviour which I was only arguing with her to try and c my children we both was arguing and I pleaded not guilty in court and then the judge believed all the lies and found me guilty for domestic violence and I had to do a anger management program and probation but I finished everything and then I got in contact with my ex about trying to see my kids again and she let me have them both every weekend which I was really happy with and I met another partner who I'm currently still with now my ex found out about me being in another relationship so she stopped the contact with my kids and it's been a year now I still haven't seen them both I've been taking her to court and I can't afford a solicitor as the csa are taking all my money but it's got to a stage now in court where my ex is saying I'm violent and the kids hate me she has completely brainwashed my babies and they are both saying they love me but they don't want to see me and cafcass are on her side she is also going for no contact at all and cafcass have recommended that I have a no contact order Its making me so depressed and sick I just want to c my children but it looks like I've lost I did say to the court and cafcass I would like to see my children in a contact centre but they are saying that no contact is better me and my children are so close but they have both been told to hate me now if someone on here can help me or if they know anything I can do please reply
Chris 03/03/2019 at 6:25 am
Hey daughter you just need to channel my spirit and my love for you remember to always stay in school and make something off your life darling .your mother is no good a grub ugly on top off it .
Chris 02/03/2019 at 10:18 pm
After years off research into trying to see my daughter (orders on me )false allegations all my (ex affairs) its the (end the line now) .f the lot off them now .i tried my slate is clean yeah and I am the better person .if they don’t have the balls or decency to talk to me well f them .dont play your (pathetic girly games with me women because women like you are dime a dozen and so easy to get ).and in reality my ex has all the worry off teenagers and the expenses .i walked free not worry in the world .and after all the guys in my family come out and told me truth why in the hell would I want anything to do with her or her child?.plus the time frame ?.so yeah it is the final end.
Chris 02/03/2019 at 6:51 pm
@jay.i was going to get a solicitor to see my daughter but won’t be now .it (hurt )not two (I loved my daughter) .there is a mutual understanding between my mother off my child and myself (keep well away from me freak )because I don’t like her one bit she has (absolutely nothing to offer)thats why she left to be with (her kind) thank god that was the best day off my life I think she ended up hooked on drugs .we got to the stage now finally with the guys in our family that will( laugh at her )and say man that women had some (serous issues )ha ha .i am just glad it’s my past and 8 see my daughter again it’s not the end off the world .
Jay 02/03/2019 at 2:03 pm
Help I can’t understand this just gimmi a number to get the ball rolling all explanations who do I contact please contact me
Taylor 14/01/2019 at 9:30 am
How do I go about getting an official court order. My ex wife keep changing agreements made and I want to make it biding. Regards
Ricky 16/12/2018 at 1:19 pm
Hey my name is Ricky. I have a daughter 18 months old. My daughter was born while I was in America at my grandmother and uncle funeral. I missed the birth of my child. I am student nurse and I haven't live with my girlfriend but I do spend 4 or 5 nights at hers to help with night feeds. She will not allow me to go on birth certificate until I moved in with her. She reported me saying I threatened to abduct my daughter, she can't put her at risk because I can't be trusted with kids.. We broke up and I asked for visit at a place with camera or for me to my daughter Saturday 10am to 5pm and Wednesdays 10am to 3pm as I'm a full time student. She declined visit and parental rights. I made the court application. She makes allegation that I abused her and I bullied her. She's a great mum and she was abused by her dad physically which lead to her self harming and bullied in school. She left my child with her dad on one occasions and I told her not to put our daughter at risk and she told me it's her child and its her dad so she can do whatever she want. What are you advice on this. She refused contact and refused to attend mediation
Blanny 12/11/2018 at 6:15 pm
Not seen my daughter for 4 years my ex has given my daughter a new phone and my ex has the old one so when i text my daughter she can put what she likes plus we went to mediation did not work my ex is pulling all strings and stops its hurting me plus my ex has court order in place to promote contact with my daughter and she has not done it or tried to all of this stemmed from 2013 when she came home and said i havent loved you for 2 and half years then with in a week i was out but yet i had to explain to my daughter why it hurts me my daughter 16 next year and still to this day text her regular but no response but yet my ex still contacts csa all the time i am paying for my daughter that i dont see cos of my ex i cannot speak to school or nothing please help
Lee 30/10/2018 at 10:00 am
My ex keeps saying, either agree to what arrangements she's suggesting, or take it to court.
I used to see my daughter after work for a few hours on a Monday and Wednesday, then overnight friday, I was 15 minutes late dropping litlen off one Wednesday, and ex says "that's it, no contact, take it to court"
Not really thinking of litlen...
Anyway, exes mother got involved, and it was arranged that I pick litlen up after work on a Friday from hers, and drop her off there on the Saturday too.
So it's gone from seeing litlen 4 times a week and one overnight stay...to just one overnight stay, and me doing all the picking up and dropping off.
The ex is now suggesting that I have litlen every other weekend, which in my eyes, isn't in the best interest of my child, as litlen used to seeing me minimum on a weekly basis... I'll add that the ex will not allow any midweek phonecalls between me and my child, unless I buy a 5 year old a mobile phone, which will only be turn on when the mother wants it on.
The system is a joke, as I don't think I can afford even the application fee for court, so she will still be in control of all situations, which I thinks unfair on my child.
J 27/10/2018 at 8:05 am
I been having my children 50 /50 with my ex now she want to cut the time and I don’t have a court order what can I do. As I do reading and bath them, which when they are with her, they only have a bath the night before coming to me and never read or nearly never do their homework . HELP ME I don’t want to lose my time with my boys
Mummyof3beauties! 20/09/2018 at 10:16 am
Hi, I was wondering about the whole contact with father, I have just got out of a 5 year physical and mental abusive relationship in which my children’s father raped me, beat me up and almost killed me. I ended this relationship in July on that day he strangled me and hit my youngest child which resulted in him getting a black eye, he has abused all my children constantly over the years and now we are awaiting to go to court in October. I want to stop him getting contact as he trying to obtain full custody of the children, he has never done anything for them, or even been a father to them I have done it on my own from the start, I’ve been in touch with a solicitor to get some sort of contact or residence order, but I want him rights taken away as he is an unfit father and he is abusive to my children I do not want him to be part of my children’s life or mine either. Now when we go to court if he is found guilty (he pleaded not guilty, but said he was guilty in his police statement the day it happened) if he is found guilty he will most likely serve time for this but if he gets off with it then he will try to take the children from me and obtain full custody I have witnesses and evidence of the way he was with my children and I will make sure he doesn’t get contact with them, I just want to know if I will be successful in this because my children are much better off without him they have just started school and my youngest will be starting nursery soon they are doing brilliantly and I don’t want him to start having contact with them and mess it all up. Can I have some advice as to what else I can do to stop him having contact?
Chris 15/09/2018 at 2:28 am
Hello Sam ??i am sorry to hear you are disabled .you stick to your guns and do not take your ex back .you need a solicitor old chap only son
Sam 14/09/2018 at 10:46 pm
My wife sent a non molestation order against me and kept away my girls for 9 months, 6 and 3. I’m disabled and had never lifted a finger against her but at the court hearing when the judge asked about contact; it was decided, every 2 weeks for the day.
It’s been 2 months and my girls have been staying with me over night, travelling to family, etc.
My wife now wants me back, and I said no. She has now stopped sending the kids. What can I do?
SeparatedDads Editor 03/09/2018 at 3:11 pm
The standard access generally awarded by the courts is every other weekend overnight and one night in the week (not overnight). However, it is unlikely a court will force your ex to take your child if and where he is unwilling. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
tree 03/09/2018 at 9:04 am
Hi wondering if anyone has any advice.
I'm a mum of a 4 year old daughter. Spilt from ex partner when my daughter was a baby.
Everything was amical.
Ex was taking daughter Fri-sun one week Thurs-fri the next week.
I always thought 2 overnights was fair but he would never agree. Anyways an argument broke out and now refusing to take her 2 nights.

He sent an email of dates he would take her it was one over night every 10 days. I told him to forget it.
My daughter was really upset as was expecting her father to take her on Friday.
Can I apply for a court order/Joint custody.
I want to fight for my daughter don't want a once every 2 weeks father, looking for any advice, anyone in similar situation. ? thanks
Mumof3girls 27/08/2018 at 7:38 pm
I applied to court for full residency and they granted it me and the father got no direct contact only indirect because of his violent nature, can I allow him to see her with me present in a place that has cameras or do I have to go back to court? I never wanted him not to see her it was the threats of takin them to another country so I couldn’t have them
TJ 08/08/2018 at 9:28 am
I have a 14 month old daughter and have been refused access for the last 4 months I've never had full access since birth now I've been cut off completely and she's threatening court to remove parental rights, changing her name and getting a passport ect so far anything she's lied about she's got away with so I'm assuming the same will happen in court when it finally gets to it. What do I do?
SeparatedDads Editor 06/08/2018 at 3:38 pm
I am sorry to hear this. This is a tricky situation and one that should be sorted out through communication and to try to find out what the issues are. You could force the issue and apply to court (if your child's other parent won't agree to mediation). However, pushing the issue is the last resort and you should perhaps try to sort the matter out outside of court in this instance. A court will listen to the reasons your child gives. However, as in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
TP 03/08/2018 at 7:32 pm
My 13 year old daughter who I had regular agreed access to has now decided she no longer wishes to stay with me and my wife. She would make excuses to not come down, now she is flat out refusing saying a lot of hurtful things to us. Her mum and stepdad claim to have encouraged her to come down and that sorting access is between myself and my daughter, but knowing them as I do, I know they will be manipulating her and discouraging her from staying over.

Can a child of 13 make the choice not to visit her dad, who up til last year had very frequent visitation with his child? I fear my daughter is being used as a pawn in a game, however I fully understand that at her age her hormones and emotions must be all over the place.

Any advice is greatly appreciated.
Racheal 21/07/2018 at 8:23 am
Hi , my friend has a 11 year old daughter which has had contact with her for the whole time him and his ex has split up which 7 years now but the only way he can have his daughter if he keeps contact with the mother. Which is fine but She constantly call and messages both with abuse and general. So he has asked for a third person to be involved so he doesn't have any distress but she isn't willing for that to happen, she has put in a message if he don't speak to her directly he not allowed to see his daughter. Is there any advice he can have please
Destiny 13/07/2018 at 10:14 am
My friend has split from her ex .they have a 4 month old baby together ,they both have parental responsibility, but he has taken the baby and is refusing her access .what does she need to do to get him back
SeparatedDads Editor 21/06/2018 at 3:25 pm
You are doing the right thing. Unless your son's ex can prove that he should not be in his daughter's life then in all likelihood access will be granted. Shared-care will only be granted if prior to the relationship breaking down only if your son had shared-care then.
Gill 20/06/2018 at 10:55 pm
My son has a 3 year old daughter. Her mum has decided she doesn't want to be together so she has moved to her mother's with my granddaughter. She won't allow my son to see his daughter or even speak on the phone to him. None of our family are allowed to have anything more to do with her. I have more or less brought that little girl up and it's killing me not being able to see her and killing my son. He has done nothing wrong but his ex will make up all kinds of stories about him. I shared a wonderful close bond with my granddaughter and she loves being with us. I hate to think what her mother is saying to her about me. My son and myself have contacted a mediation centre to try and set up mediation and if that doesn't work we will go to court. He wants joint custody and me and his dad will help out too. Can she just refuse to let us see the little one and are we doing the right thing
Matt 15/06/2018 at 11:19 am
In April 15 I was drunk in charge of my son he was 10 at the time went for a pizza got in a taxi left him at shop police picked him up 5 min later took him to his mum's aye got fined had to do 18 month's community pay back order did the order as asked still have knot seen my son 2018 can you advise thanks x
angela clarkson 05/06/2018 at 10:14 am
My son has an eight year old daughter. He had access once a week plus she stayed over at his house every weekend. His ex has had three other men live with her since they split before his daughter was one. My son has had the same partner for 7 years. 2 years ago my sons ex took his daughter on hoilday to visit her parents 300 miles away in Devon and never came back.
My son was devastated but eventually they agreed access in the school holidays and my son also goes to see her in Devon in between holidays. His ex also has another younger daughter who does not see her father.
Just over a year ago she met a new man and is expecting his baby. My sons daughter came to stay in the holidays as usual and on the day she was due to go home she told my some some quite alarming things about her mothers boyfriend. Though she is not in immediate danger, the boyfriend has behaved in a wholly inappropriate manner and it makes my grandaughter uncomfortable. My son decided not to take his daughter back until he can ensure her safety. He has contacted police to inform them he has her and as there is no court order. He is seeking legal represenation but we are all so worried. can anyone advise please
SeparatedDads Editor 17/05/2018 at 2:41 pm
You can see more regarding the Scottish process via which
Claire 17/05/2018 at 9:41 am
My husbands ex has moved to Scotland we need a contact order is it the same c100 form as in England or and different form as we are going to have to go to the Scottish court
WillM Editor 11/05/2018 at 3:48 pm
@daddy - you can counter-apply to court. I would apply for a child arrangement order yourself. Don't wait for your ex. It is more advisable if you do, as you are applying on your terms.
SeparatedDads Editor 11/05/2018 at 11:47 am
I am sorry to hear you are missing your son. Much depends on how busy the family law courts are, so it is impossible to give a time frame as there can be several meetings. You can see more via whichYou may wish to ask your solicitor (if you have one) if you can apply for an interim court order. Our Separated Dads forum members should be able to help you out regarding time frames and the process, as many have been through the courts previously.
daddy 10/05/2018 at 9:49 pm
Hi,I haven't seen my kids for 3 months now,i have a 2 year old and a 3 year old,I attended MIAM first session 2 months ago but the mediator told me my ex didn't want to mediate and wanted to apply for her own residency order,how does she apply if she hasn't got the signed form from mediation? Or will the mediator have still given her the order form? Thanks
Buttons86 10/05/2018 at 12:15 am
My ex ended the relationship end of Jan.i came bk home to fermanagh,Was living in lisburn.she didn't want me living in lisburnanymore.i came bk to mums to think for a couple of days.i returned bk to lisburn after the weekend.we talked and she agreed access to my son so I packed and left.i done everything she wanted me to do so to make it easier for her.i get bk to fermanagh and she says I can't see my boy.she won't give me my things in house and ain't replying to messages or answering calls.her and her entire family have blocked me now.i ain't seen my boy in 10 weeks now between trying to find somewhere to live and her not allowing me to see him.i missed his birthday on the 17th of the month.ive spoken to solicitor and wrote her a letter but now he has told me we are applying for legal aid then apply to the court for a contact order.any idea how long all this will take??killing me that I can't see my boy and I missed his birthday.
The Bear 22/04/2018 at 11:58 pm
Am separated from my partner I have 2 daughters
but Found out she has mental health. Problems. And my daughter are now living with there grandparents. Do I have the right to take my daughter's from there grandparents
The ?? 22/04/2018 at 11:50 pm
My sons x has his 2 daughters but just Found our she has mental health. Problems. And my daughter are now living with there grandparents. Could I go and take my daughter's from there grandparents
Buttons86 20/04/2018 at 1:19 am
My ex ended the relationship end of Jan.i came bk home to fermanagh,Was living in lisburn.she didn't want me living in lisburn anymore.i came bk to mums to think for a couple of days.i returned bk to lisburn after the weekend.we talked and she agreed access to my son so I packed and left.i done everything she wanted me to do so to make it easier for her.i get bk to fermanagh and she says I can't see my boy.she won't give me my things in house and ain't replying to messages or answering calls.her and her entire family have blocked me now.i ain't seen my boy in 10 weeks now between trying to find somewhere to live and her not allowing me to see him.i missed his birthday on the 17th of the month.ive spoken to solicitor and wrote her a letter but now he has told me we are applying for legal aid then apply to the court for a contact order.any idea how long all this will take??killing me that I can't see my boy and I missed his birthday.
SeparatedDads Editor 12/04/2018 at 12:43 pm
There is no right or wrong here. Where you cannot agree with your ex, your only recourse would be to follow the process laid out in which
Aj 11/04/2018 at 8:19 pm
Hi, my ex is stopping me see our 11 month old son due to the fact I won't give her my new address. I've denied her my address because she is abusive towards me and my new partner and I don't want trouble on my doorstep. How do I move forward so I can see my son.
MicTCH Editor 12/04/2018 at 11:09 am
@Youngmum123 - it's usually the court that orders drugs tests if it thinks they are needed.
Youngmum123 11/04/2018 at 4:31 pm
Hi my ex has taken my child away. I have contacted mediation and he has told me when they contact him he's refusing and I will be taking him to court for a contact order. He has said once it's goes to court he's ordering drugs tests on both of us to prove he's no longer on drugs as he was when he split and to prove I haven't started to take them since we have split. Which I have not. But I want to know who pays for the drugs test and what they usually test wether it's hair or urine. Also if he asks for them will they do them just over a contact order.
SeparatedDads Editor 05/04/2018 at 2:37 pm
Mediation would be the first option your husband should suggest to his ex. If his ex refuses, then he would be permitted to apply to court. regarding how the process works.
Fran 01/04/2018 at 11:46 pm
Hi. My husband has had regular access to his son over the last ten yrs (every other weekend and a holiday each yr) we have never been able to have him over Xmas or new yr despite expressing our desire to, and she has stated she realises this is unfair but she can't be without him) thry have had a volatile relationship and following a recent disagreement she has now stated we cannot take him on holiday this yr. we are considering a contact order to set in stone holidays, weekends and every other Christmas. Any advice would really be welcomed.
SeparatedDads Editor 05/03/2018 at 2:56 pm
If the mediation process does not work, then your son would have the option to take the matter to court. If a court order is put in place, your son's ex (and your son) would have to keep to it.
Niknik 03/03/2018 at 4:14 pm
Hi, my son has a 6 year old daughter. Unfortunately her mother and nan seem to have a weekly wager on who can torment my son and granddaughter. One minute she can see her dad then they make up lies and excuses of why he cannot see his daughter. The sad thing is they have such a beautiful bond and totally adore each other. I find it difficult to understand this behaviour. Just don't get it! My partner thinks we should pull back a bit but these mind games they play with the 2 has me worried about the impact this is having on my granddaughter and son. They went through mediation and then decided that my son could see his son but it comes with drama every weekend.
Brewsky 30/01/2018 at 5:19 pm
Hi, my partners ex continuously misses the days where he’s supposed to have his 3 children.

He was full time Dad for 11 years whilst his ex worked. He ended their relationship but continued to cohabit which resulted in a lot of domestic abuse and a few incidences of violence where police have been called, but she has gotten away with assault, threatening behaviour and criminal damage all infront of the children.

The children see a family support worker. Things have calmed down, but he has continuous trouble having the children on his days in the times specific in the parental agreement (4-7 on school days). He will either not have them at all, or be told if he does not have them until 8:30 at night he cannot have them at all. (It isn’t realistic to have a 2 year old and other children under 10 until those times on a school night as he is homeless too.

She tells one of the children that he’s going to live with his dad when he has somewhere to live in a nasty way. What can his father do legally to push this forward to assist him in being housed? He’d love to have all 3 live with him, the children have been alienated. What can he do to ensure he gets to see them? What is the likelihood of the children being able to live with him?
We are working on getting help from the council,
SeparatedDads Editor 26/01/2018 at 10:44 am
You would have to request your ex attends mediation, and if he refuses, apply to court. It is unlikely a court would refuse this, if you wish to move an hour away. You may also wish to speak to a solicitor, as a solicitor's letter may work if you are only contemplating moving a short distance away. Much depends upon what the standing court order says.
Shimmy 25/01/2018 at 10:59 am
Hi, I moved from Spain to support my ex after his sister died, he left me and our daughter 7 months after having her, I’m alone on my own in surrey, I wanted to move back to Spain with Darcey but he had an order put in place, I live in Brighton for a year years ago and would like to move back... it’s an hour away from where we currently live, what procedure would I take in order to do this please as he’s already told me he won’t allow it
liverpool 07/12/2017 at 11:51 pm
hi. my ex husband has my daughter living with him she is now aged 16 she wants her passaport bur her dad and herself doesn't want to visit. I think she is brain washed against her mum. how can I have contact supervized visit she is maltese her dad is maltese bur the divorce is done in the UK.
I have still got parental responsibility but I am scared that he is doing everything so he takes that away. when I asked how she is doing ï an always been denied
NotaBene 02/11/2017 at 6:37 pm
We married in May 2014 in London (Camden) where we lived at that time. In November 2014 our son was born there. Same month we moved to North London (Enfield). In April 2015 we split. My ex moved to Central London (Maida Vale). In June 2015 she left the country with my son. She used a written permission I gave her before we split. Originally she continued to work from abroad commuting each month to London. During this time my son stayed abroad. She explained that this arrangement makes it easier for her to take care of our son due to the presence of her extended family. She also wanted to stay close to her mum as she is battling cancer.

Originally I had sympathy and understanding for this arrangement and did not object to it even though the written permission I gave her expired in October 2016. However, it became increasingly difficult to have contact with my son. She would cancel arrangements on a short notice. She would also obstruct my son visiting my family. It went like this for more than a year.

What can I do in this case? I basically would like to be able to see my son for at least a few days every 3 months. I also would like to alternate the holidays (Christmas, Easter, New Year Eve, his Birthday) between me and my ex (e.g. one year my son spends Christmas with her family, one with mine). My ex says that she may agree to the visits every 3 months (although so far she often changed her mind on a short notice so I can't trust her word on this) but she would not agree to alternate the holidays. Can I do something about it?

My ex has British and foreign nationality - same like my son.
Gjh 26/10/2017 at 4:28 am
I split with my ex 9 years ago. I have 3 boys 10yrs, 13yrs and 17yrs. I pay regular money every month without fail and have had them stay over 2 to 3 nights per week. Also I pay for other items such as gym membership, sports classes etc. My ex has been awkward with regards to signing a divorce paper as I am due to get married again to a wonderful lady I met 2 years after the split. I paid the initial £550 and had paperwork sent out twice but it was never returned to the courts. I explained to my ex that if it wasn't returned it would cost a further £50 which I did not have so it would leave a £50 shortfall on the maintenance money for the following month. As the court still did not receive anything (my ex is adamant that she sent them on both occasions) I payed the due fee and had to adjust the maintenance on this occasion. My ex is now saying that the children cannot stay over midweek only at weekends and she will take me for every penny via child maintenance as they wont be staying over as often and make it as difficult as possible, I cannot facilitate every weekend due my work commitments and shift pattern. However I would like my children to stay over when I am off like they always have. I don't know which way to turn because this happens on and off regularly when something does not agree with her. She denies that they stay the amount of time that they do and tells the children that I am a liar and do not really have to work weekends and only have them midweek because it lowers my maintenance fees. I cannot discuss it with her because it simply results in her shouting and screeming in front of the children which I most certainly do not want. Any advice would be welcomed.
SeparatedDads Editor 24/10/2017 at 9:48 am
Firstly, each person involved in the court case should attend the hearing. If the person who doesn't attend is the respondent to the application, then the court can proceed with the hearing in their absence, dependent upon the circumstances. If you are being legally represented, your solicitor will be able to tell you more. At the extreme level, if the respondent doesn't tun up the court can order the respondent to pay the other party's costs of the hearing, if they are deemed to be in contempt of court. Any person who is seen as deliberately avoiding the court process is effectively wasting the court's time. Therefore, such action is not condoned, unless there is a justifiable reason for the respondent's absence.
jwk 23/10/2017 at 4:18 pm
hi what happens if the mother does not turn up for the first court hearing ????
TiVO Editor 19/10/2017 at 12:59 pm
@Bob - the courts have improved over the years. It's a shame that your relationship with your daughter has been ruined by this. But the credit card issue, isn't the fault of the courts. The courts will try to give access where is can but if the ex is the one that is obstructing it, that's where your problem lies. Tom.
Bob 18/10/2017 at 2:37 am
The system stinks. I spent tens of thousands in trying to get contact with my daughter but each time I would go through the courts she would make a new allegation and stop the contact. Then it was back to the Courts. Having done this for over 11 years it's finally had a toll on me not only psychological but financially too. My daughter eventually started taking my personal paperwork and my credit cards as she was put up to it by my ex. Having confronted my daughter about the issue she too stopped contacting me. From my personal opinion I am of the view that the courts are not designed for men. They can take several months to resolve small issues and when you have a young child involved this could be very detrimental in the child's relationship with the non resident parent. The system is riddled with red tape and most Judges are completely detached from reality and live in there bubble surrounded by a almost God like attitude towards the near mortal fathers. I have had a very bad experience of the system and it did not work for me or my daughter ! If yiur partner is remotely reasonable then I would recommend trying to negotiate directly. The legal system for men in my opinion does not work.
Jak 19/08/2017 at 12:17 pm
I have 3 young children an have split with my ex I have my kids wed overnight drop them bak at 7 am and I have them Saturday from 4 (unless I don't have work then earlier)and drop them bak Monday before work 7 am she is now saying after 2 years of this that I now have to collect them 8 am Saturday or pick them up from a contact centre after work ( I have to work Saturday were I can to put a roof over my head and pay child support etc )which is not fair on kids in my eyes am I being unreasonable or is this a big extreme and can she do this without going to court ??
Livie 17/07/2017 at 8:41 pm
My partner and i have seperated after a 10year relationship, wasnt on great terms and the relationship was difficult through the 10years, she has went to womans aid, made false claims, registered my son with children first, i see my wee boy once a week, i dote on him as he does me, i am going to have to go through court but am in fear of losing my son because she has contacted womans aid as her back up, i know if she fully takes my son away it will destroy both him and i, but i really dont know where do i stand?
SeparatedDads Editor 10/07/2017 at 12:40 pm
If you have stopped your ex from seeing your kids, then it is up to your ex to either suggest mediation in order to try to resolve the issue and if you refuse take the matter to court. If you have stopped him seeing his kids and he does nothing to object to your actions, then there is little you can do.
Myboysx 09/07/2017 at 9:42 pm
Hi I stopped my ex seeing my children 7 weeks ago we had a bad ending to our relationship, but ive stopped at nothing for him to see his children and he has constantly let them down, drinks all the time, takes class A drugs when Out, doesn't pay nothing ttowards them and sits in the pub all day when he did have them, in the last 7 weeks nothing has changed in his life for the better for his children i really dont like that ive stopped him seeing them i cant afford courts and my legal aid got declined, I'm after some advice on what I can do next......
Cubanheels 17/06/2017 at 4:25 am
My son's ex is beyond bitter when the relationship broke down.they have a 7month old son together.she vowed to ruin him and to date her efforts albeit extreme have been proven false allegations. Recent being accusing him of assault all charges were dropped and case thrown out of court but he has had no contact with his son. Is there an organisation to help tackle ex partners and their constant allegations I do not know how much he can take.help
frustration 05/06/2017 at 6:25 am
My partner has an 10 year old son, They have always had a fantastic relationship but recently his ex has starting alienating his son against him. Sadly she is very clever and manipulative and now his son doesn't want to see him stating "no reason"
He is about send off a C100 form but what if CAFCASS speaks to his son and he says the same thing? Will the court side with his son?
All contact has stopped as his ex says that is what their son wants. He has wrote letters to his son but heard nothing back.
SeparatedDads Editor 19/05/2017 at 10:16 am
I am sorry to hear this. If your friend has taken legal advice his legal representative will be able to advise him further on this - as much depends upon the circumstances surrounding the charges.
Kell 18/05/2017 at 3:47 pm
My friends ex partner has stopped his access with their son. (Their relationship broke down after she confessed to cheating on him whilst pregnant, a couple of months after the Childs birth, she then left him for the other man).
My friend left his home for her & their son, provided her with a car & made sure she was financially taken care of. Initially she was happy for my friend to have regular, frequent contact as she was out a lot with her new partner but several months later she became unreliable & gradually reduced the contact until she stopped access all together (without providing any reason). Her new partner was playing the role of the father & my friend was left heart broken.
After exhausting all other options he sought legal advice & arranged mediation, he attended several times but she didn't. He then decided to proceed to court but in order to hinder this she made several false allegations of harassment to the police, each where investigated & no further action was taken until recently. He received a phone call to say another claim had been made & charges would be brought against him.
As if this wasn't devastating enough, his court date is not until after his sons 2nd birthday so he is distraught that he won't see his son on his special day. Is there anything he can do in the circumstances surrounding this case?
Is there any way he could apply for a temporary order to see his son on or around his birthday, even for a short period? He would even be happy with supervised access, he just wants his son to know he is there for him & show him he loves him.
He is an all round wonderful person but most of all he is an amazing father & this is such an unfair, distressing time for him.
LoopyLoo 02/05/2017 at 12:45 pm
Hi, my ex has got a unpredictable temper. We split when my son was 2 months. He is now 5 and a half minths. Since then he has been vile to me. I let him see our son 3 times a week. Last month he got in my face when I was holding him, last Sunday he called me vile names and punched my front door, whilst I was holding my son. I don't want him to stop seeing him I just want to do it in a contact center. I don't want him to have him alone as I don't trust him. He is now twisting it around and calling me selfish. But I just don't want him in my home and around our son as I don't trust him. What can I do?
Tillysdad 13/04/2017 at 12:51 pm
Hi, I had contact through social services on a weekly basis with my 4 year old daughter unsupervised and overnight access, very recently I have been stopped from seeing my little girl due to me and my current partner been attacked in my own home I understand that this makes my home unsafe for my daughter but my mam and I have lost all contact with her and my daughters Mam says social services said that she wasn't allowed near me I have phoned social up and there is nothing on record to say I am a danger around my little girl I love her to bits she is my world is there anything I can do to regain my contact without going to court as that's a lengthy process and would like to see my daughter as it's making my mental health detiriate over the months of not seeing her
Kitty 29/03/2017 at 10:05 pm
My daughter is turning 15 in April. She sees her father regularily, goes on holidays with him, spends 2 weeks for work placement with him, but has problems with his demands on when she sees him and where they go during this time. She is bussy at school and extra curricular activities and wants to mainly see her friends now. He threatens her to talk to me via his lawyer for violating the Court order by not upholding the Court Order. He sets out the schedule without asking her how this works for her commitments, birthday invites, Duke of Edinbourg commitments etc. I'm scared he is costing me more money in Court, she is worried she's getting me into trouble by not obeying him. I have an older daughter who is turning 19 soon and doesn't want to see him at all anymore. I'm trying to convince them that it is better to resolve difficulties with their Dad by meeting him and talking to him, but I feel I'm not doing them a favour...
I hope you can advice us, so we can stop living in fear of his threats. Their relationship seems to have broken down. There is no trust left.

Thank you very much
SeparatedDads Editor 28/03/2017 at 12:36 pm
The court will not force a non-resident parent to see their children, where the non-resident parent does not wish to. If you stop contact and your ex wishes to see his children, then he will have the option to negotiate an agrement with you directly, suggest mediation to try to come to a written agreement, or apply to court to push for a resolution.
Tasha 27/03/2017 at 5:24 pm
I have a question my childrens father is refusing to come to see our 2 children on a regular basis. Completely refuses to make a regular agreement. I feel it is unreasonable for him to come when he feels like it sometimes being over a month at a time! Am I wrong to stop contact? Can I apply for a contact order of some sort he needs to stick to for the benefit of the children? I really don't have a problem with him seeing them. I don't understand the unnecessary argument this is causing. Any advice on this please??
Desperatedad 21/03/2017 at 10:02 am
I have a daughter who I see for four years and had her more than the mother. She then started having more access and moved with her and I found it hard to contact the mother. Me and the mother had a bad relationship and now I am allowed to see my daughter again but the mother wants to be present. After everything that happened in our relationship I can't trust the mother to not make things up about me as its only me her and my daughter and I would like to see my daughter supervised but without the mother present for personal reasons. She won't agree to her not being there unless in a contact centre so can anyone help me on how I would go through this process thank you
SeparatedDads Editor 17/03/2017 at 2:47 pm
If you think your ex may move without your authorisation you can apply for a Prohibited Steps Order. A PSO is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area with their children. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. You may wish to seek legal advice regarding this and also gather as much evidence as you can that your ex intends to make this move without your authorisation (which is required if you have PR).
De88 12/03/2017 at 11:42 pm
Hi looking for some advice. Me and my ex partner split 1 year ago. I had my daughter every other weekend.Then my ex partner meet someone all of a sudden she bloked my number and stoped me seeing my daughter. I have filled the c100 form in to apply to court and waiting for a court date but only have I just found out that she is looking to move and I will never know were she has moved to. my friend seen it on house swap sites I'm worried she will move and I will never know we're to. is she allowed to do this??? Thanks
SadDad 15/01/2017 at 2:13 pm
ADVICE PLEASE? I have been through the courts, have done courses, passed drugs tests and spent a lot of money on solicitors fees. I got a court order last September for a minimum of 2 hours contact every 2 weeks whilst we wait for a Cafcass report to advise on how contact can progress. My sons mum did not get back to my solicitors until a final warning letter was sent months later. Contact finally started in December. I have had 3 contact sessions and because of Christmas there was a 3 week period before our next session. That was meant to be today until I got a phone call from the contact centre saying that my son has a bug and that because my ex has gone back to work she can't make up the contact session and I can't see him for another 2 weeks! That will make it 5 weeks between contact sessions when the court order was for my ex to make my son available for contact every 2 weeks. 5 weeks is a long time between contact sessions, especially when my son is so young, I couldn't see him for 2 years and I'm trying to build a relationship back up with him. Is this acceptable because my son isn't well?
Betty 14/01/2017 at 3:56 pm
Hello, I'm a mum looking for advice! Your probably not expecting me posting on here but we aren't all bad!
My story... I divorced my ex husband, he was very controlling and I didn't want my daughter who was nearly three at the time to use our relationship as a blue print to her future ones. I took the decision and it has been the toughest road I've trod. My ex actually made my daughter and I homeless through his bitterness at the divorce, this happened as I unfortunately legally exposed myself as I still thought we could do the right thing by our daughter and reduce the cost of our divorce, which in turn would give us both a better home for our daughter. Our financial split became court ordered including child maintenance, this was driven by him. At mediation we discussed access to our daughter. He wanted our daughter to live with me in the week but he would have her on a Wednesday night, I agreed to this. I wanted to split the weekends. My motive for this was she would have more regular contact with us both, we could both get involved with her hobbies. He didn't want this and insisted that we alternate weekends. As I was homeless I felt backed into a corner to agree and I believe this arrangement has been documented in the mediators notes but it's not listed as part of the court order. The reason he wanted alternate weekends is that his new partner lives three hours away. So he picks her up at 5pm on a Friday and hits rush hour traffic to drive there (the original agreement was he get her from school as we both work and there is less of an emotional pull for our daughter he changed his mind so I now have to juggle work) Our daughter is nearly 7 now, she wants to spend her time with her dad locally at his house rather than drive for hours, she even asks when we go on day trips are we going on the "big roads" she means motorways. His new partner is also telling my daughter that I hate her and her dad! My ex will not see any issue with this and just denies it and seems to be isolating himself from his own dad and family. I have actually arranged to meet my ex father in law so he can see his grand daughter. I have pleaded with my ex to stay locally more or get his partner to visit him to share the driving but he won't. My daughter can't do hobbies she wants to do as she misses half the courses, I've offered to pay for them if he takes her but he won't. He would rather waste 6 hours of his weekend driving her to a house she mainly sits in and plays on an iPad. I feel desperate as I can see things getting worse as our daughter gets older. She will want a life with her friends and I'll be accused of being obstructive. It feels like his last bit of control comes at my daughters expense. If my ex doesn't get his own way over all details he throws the 'obstruction ' card in. He will happily not have his daughter if it doesn't suit him. Any advice would be welcome as I do believe a child needs a mum and dad but how do I manage my daughter
Will Jones 06/01/2017 at 3:54 pm
I have been in a relationship of domestic abuse and told no one, I finally left my wife/abuser but we have a daughter together she is 6.
I have tried to arrange to see my daughter but her mother will only let me have her 1 or 2 days in the week, but often changes her mind and is very aggressive and abusive on the phone. I now don't live nearby and often she arranges and cancels visits with my daughter at the last minute leaves me out of pocket.

I am still trying to work through what she did to me through the mental /physical abuse, I don't think I could manage mediation as I don't think I am strong enough to confront her and demand that I see my daughter regularly. but I do pay her maintenance every week.

What options do I have? How much could this cost? What help is there?
Rosalia 03/01/2017 at 10:18 pm
My ex boyfriend won't sign the application to change the child's surname though he made an affidavit is there anyway I can force him to sign?
DAISYCHAIN123 24/12/2016 at 6:00 pm
Hi

My friend has a 8 month old son that he's been trying to have contact with. He broke up with the child's mother 6 months ago and it was not amiable at all. There has been lots of abusive messages and calls on her part and she has basically said that he cannot see his son ever again. My friend has only seen his son a handful of times as it is. I've tried to talk to my friend about seeking legal help but he doesn't have the finances or know where to start and is becoming more and more depressed.
Gem47 12/12/2016 at 5:23 pm
I need some advice really , my son and his girlfriend split up and a couple of months later she found out she was pregnant. My son went to every doctors,hospital midwife appointment and all scans, he was there when his daughter was born and is named on her birth certificate, the baby is 12 weeks old now and she is not allowing my son much time with his daughter. She says he can have her for 6hours 2 days a week and swaps and changes all the time. He is constantly being told what he can and can't do and where he can take her. He pays her money weekly by bank transfers and has bought lots of stuff for the baby all the way through the pregnancy . she says he can have her overnight soon but keeps saying she's not ready . does anyone know what is considered reasonable access ?? She is constantly out leaving the baby with people she lives with and won't let my son look after her. Any advice would be helpfull
Ems 21/11/2016 at 8:23 am
Hi my boyfriend has a date for a first hearing in December to apply for a child's arrangement order. Any idea what questions he will get asked as he has no sicitor and wants to be organised
Thank you
Frustrated Father 14/11/2016 at 9:00 pm
Mine is a relatively simple case.
I was married to my now ex-wife for 7 years . We seperated 2.5 years ago (my decision) and divorced 1.5 years ago.
We have a 7 year old daughter together.

Factoring in what I left her with (in terms of joint assets) and what i have paid up until now in maintenance payments, i have paid more than 4x CSA guidelines in the 2.5 years that we've been seperated. I have always paid to support my child and have never missed any payments. I now pay through CSA (her choice to have control).

In terms of visiting. I live with my partner of almost 2 years, a 1 hour drive away from my daughter. I have always made the journey myself to pick her up and drop her off every other weekend and i have her for almost half the school holidays throughout the year.

The point I'm making is I've always been there physically and financially.

There have been many issues through the past few years where my ex has been unreasonable where the description of "implacable hostility" fits really well.

The issue i need some advice on is a fairly simple one. I have recently changed jobs and finish at 17:30 each day. I've managed to arrange to finish at 16:30 every other friday (the day i pick my daughter up), which means i should be able to pick her up at 17:45 and get her to my house around 18:45.
My ex feels this is too late for her to travel, won't give her wind down time before bed (even though she goes to bed around 9:30 here as my partner has 2 similar aged children and we let them all watch a film together with snacks).
She is really digging her heels in and now says that i will have to pick my daughter up on Saturday morning. This will have an impact on my time with her and will reduce the options of what i can do with her on that day and i think my ex's issue is very unreasonable. She is very unsupportive of my time with my daughter and seems to make my time with her as difficult as possible and create a lot of unnecessary obstacles.
We have tried mediation but to no avail.

I dont really want to drag this through the courts as it seems a ridiculously simple issue.
Is there no service/agency who can give an impartial, common sense opinion on these matters to open the eyes of (sorry, but usually) mothers who are either intentionally or unintentionally using the child to hurt or control their ex partner?

Advice would be greatly received.
Ace 20/10/2016 at 10:06 pm
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fee 29/09/2016 at 11:08 am
my partner has a four year old son who he has access too every second weekend and half of school holidays...his ex is now denying access as stated in a court order and is refusing contact for the holidays. my partner is a good father and pays maintenance and has a very positive relationship with his son...the case is going back to court at my partners request. he has suggexted mediation which his ex refusues too atted. will he loose contact with his son. james has also been on the children protection register 4 times due too his mothers actions
DaaveG Editor 26/09/2016 at 1:57 pm
@Skippy - it's not really the done thing, it's putting your kids under pressure if he does. I'd tell him to butt out and also speak to Cafcass and tell them that he's doing this.
Skippy 25/09/2016 at 8:55 pm
Can the non resident parent ring children up to ask them what they said in a cafcas meeting held prior to court residency hearing? Ex is trying to gain info from kids on what they said (i dont know and not asked them) as they want answers to help with their case for residency
Rich7410 02/09/2016 at 9:43 am
@Jaselle - As the mother she has natural custody. Your sis doesn't have to put the father's name on the birth certificate. If she doesn't then he will not have any rights. But he will be able to apply through court. Just because he cheated on her though, doesn't mean he won't be a good father or doesn't deserve to be in his kid's life. Every person deserves to be a parent.
Jaselle 02/09/2016 at 12:07 am
Hey, my sister is currently five months pregnant and her boyfriend has been cheating on her for about three months. My sister wants the father to have no contact with the child. However, the only things she has against him is the fact that he's cheated on her and that he lives in a small one-bedroom apartment, which isn't really the kind of environment my sister wants her baby growing up in. Can she still get full custody with no contact order?
Michael 25/08/2016 at 8:09 pm
I want to know where I stand as my sort of a wife keep walking out with my child and she won't let me see him or have him for the night
Frustrated nanna! 18/08/2016 at 8:24 pm
My 19 yr old son has been stopped from seeing his 2 year old son by the child's mother!.. Up until approx 4 wks ago he had contact with him as and when the mother felt she would allow contact to happen!. they had been in a relationship for approx 3 years and when they split about 6 mths ago they had a mutual agreement that my son and the rest of his family could have enjoyable access to the child.. All of this was fine whilst my sons ex was having contact and enjoying socializing with myself and my daughters!.. When this stopped due to my sons ex moving on with a new relationship the contact with my grandson become almost none existent, she changed her number and made it difficult for us to get in contact!.. 4 weeks ago it all came to a head and my son lost his temper and threatened to kick her door in to gain access to see his son!... Yes we all know this wasn't the right thing to do and not one of us condone this!.. He now has a harassment order against him and today myself and my daughters have all been told by her mother that none of us are allowed contact until it goes through solicitors!.. I am desperate for some advice as to how we can regain contact with this little lad as I don't see how these people can play God with a little lads life and deprive him of the other part of his family!
Ash 01/08/2016 at 1:56 pm
Hi my ex will not let me see my kids but every time I had them they would play really happy and when I said it was time to go back to their mums they would say no and kick off and cry all the time
Johnny 13/07/2016 at 11:24 pm
I have had my case in court dismissed for a child contact order. I failed to submit two lots of alcohol testing due to lack of money. The court dismissed my case and said it wasn't a good enough reason. Can I re-apply for another one? Thank you
SeparatedDads Editor 07/07/2016 at 2:50 pm
Unfortunately, unless there is a variation in circumstances or relations have broken down, or there is a breach in the court order from the other party (which the order can then be enforced), then the court will not let your friend re-apply. Also, once decided, there has to be a significant time lapse over when the court will consider a further application.
Princess 07/07/2016 at 12:54 am
Hi,

I like to know if you have been refused contact order at a family court, can you reapply again for a contact order at another family court.

My friend was denied a contact order at their hearing because the judge said he and his ex were in good terms and the contact he currently has with his children seems too be working well.

But they really did need the contact order, as things are not really working well nut they both but up a front in court to make things look like all was well. But its not.

So they want to reapply again.

Is this possible if they go to another famuly court?
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Anxious 01/07/2016 at 11:22 am
Previous post continued... Anxious and upset as he just wants to be able to spend some quality time with the children and do the normal things such as Cook for them and put them to bed etc which he doesn't get to do when he visits them on the weekends as he stays in a B and B. Also he wants the children to stay so his family gets to see them too. His ex is saying he can visit them for a day or two in the holidays but that she won't let them stay. based on this will my partner have a case to get a contact order? Beating in mind that she's not stopping him see them but won't let them visit us? Ive heard mediation is compulsory and he has asked her if she would attend with him and he found a mediation centre near her so she wouldn't have to travel but she will not answer. What is the next step? Should he get a solicitor or complete the forms himself? What kind of price would a solicitor cost to take the case to court? Any help much appreciated.
Anxious 01/07/2016 at 11:03 am
My partner has 3 children with his ex wife. They are aged 18,14 and 9. My partner and his ex wife have been divorced for about 5 years. my partner and his ex wife live about an 8 hour drive from one another and my partner works shifts so that he gets one weekend off in 5. On this weekend off my partner always drives down to visit the children for thr weekend and every summer my partner has the children stay with him for up to about a week. I have been with my partner for 3 years and was slowly introduced to the children and met the ex wife to try and ensure the children were not affected and I get on well with the children and am polite whenever I see the ex wife. My partner has lived with me for a couple of years now and so when the children stay they stay with us at mine and this has never been an issue. (My parents seperate when I was a child so I am very conscious to ensure that the children get to spend time alone with their dad as well as spending time with me and their dad together. So I ususally try to go down to visit the children every other time my ex visits so that they get a weekend wih him alone and then a weekend with all of us).
My partner has always paid maintenance for the children on time and never mucked the children about he always sees them when he says he will.
However since the maintenance payments that my partner pays went down (when the eldest turned 18) his ex has made things very difficult for him to see the children. She will suddenly say that the children have plans at the last minute on the weekends that my partner should see the children so that rather than seeing them all weekend she will only let him see them for a couple of hours meaning that my partner drives the 8 hour journey to take the children for dinner for a couple of hours then has to drive back.
So that we get to see the children at christmas we have previously stayed in a hotel near to them but we only got to see the children for a couple of hours on Christmas Eve, the ex wouldn't let us see the youngest one on Christmas day only the other two and for an hour on boxing day. This wasn't ideal as we had to sit with the choldren in the hotel room, there were no places to eat so we had to take a fridge and some food with us and we didn't get to see family and my oartners family didn't get to see the children. So last year we asked if we could have the children stay with us for either a few days before or after christmas so that we could do a big Cjristmas with them and family and the ex agreed however at the last minute she wouldn't let the children come and stay she said that the choldren thought it would be too cold (this was clearly her putting that into their head as I just don't think its something they would say). The ex is now saying that the children have plans in the summer holidays and won't be able to stay with us as usual this summer and that they won't be staying before or after christmas this year either. My partner is obviousl
SeparatedDads Editor 09/06/2016 at 11:42 am
You can see how to self-litigate in the Scottish Family Court via the link here and also the Bar Council gives good guidance on how to get the best from representing yourself in court, Many fathers have had good results taking this approach. In Scotland you can also employ a lay representative to make oral submissions to the court on your behalf. You may also find Families Need Fathers Scotland can advise you further on how to get the best from your case.
SR880 08/06/2016 at 5:03 pm
Good afternoon.

Any advice/guidance would be greatly appreciated. My ex partner has refused all lines of communication with me regarding my daughter (3yrs old), she wants total control of the situation, for example, that I have to travel and my ex partner refuses to meet me geographically halfway, because she works until 5.00pm every Friday night.....The problem I have, is my daughter resides in Scotland.
I have researched into representing myself in the local Sheriff Court, as my finances simply not stretch to some of the figures forecast to me (in excess of £7,000).

Any advice would be great, Thanks.
Lolly23 29/05/2016 at 5:17 pm
Advice please. My grown up son split with his ex a while ago and he has his son every weekend friday-Sunday. Thing are starting to become difficult with his ex. She picks an argument every month when she is given her maintenance because it is a cheque she wants cash. My son was told he needs evidence he is paying so requested her bank details so it could be paid directly into her account and she refused. She wants cash. Also she's asking for their son to be taken home earlier and earlier each Sunday which upsetting for both my son and his son. Its also pick up drop off at her house and no longer arranged at a neutral meeting place as previously. We were also told as my son has PR he should have his son half of school holidays however everytime he asks for an extra couple of days she refuses and that she has plans to take him on holiday. She won't even allow access to see him on his birthday. He's also aware that his son has missed several school days for no reason and doesn't know how to approach this with his ex or with his teacher. She also makes him wear old trainers and tracksuit that are too small for him when he visits his dad even though he has bought new trainers shoes and uniform for him and given them to her. I've told my son to see a solicitor but he's afraid to cause a fuss incase a judge advises even less time spent with his son. He's an amazing dad that wants that just wants the same rights to bring up his son as she does
SeparatedDads Editor 10/05/2016 at 2:17 pm
We have replied to this below.
SeparatedDads Editor 09/05/2016 at 2:41 pm
Unfortunately, there are a lot of fathers that have to see their children through contact centres if their ex puts up a good enough fight to prevent more frequent contact. There is little he can do here, except if circumstances change and/or in the future he can take the matter back to court to request more access. However, if his ex breaches the contact order, then he can take the matter back to court.
grock 09/05/2016 at 12:13 pm
Can anyone help him or me to help him? I am currently seeing a guy, a doctor who is foreign, who split from his ex partner about two years ago now. It was not a particularly pleasant split and his partner took the child back to Wales where she lives and child was born without warning and began court proceedings to prevent him seeing the child, using threat of abduction to win her stance. This was totally unjustified, but have since learnt it carries good weight for those wishing to gain this situation. After several court cases, parental courses which he attended and CAFCASS involvement, all in Wales, he is only now able to see his child 3 out of every 4 weekends at a contact centre which was a decision made towards the end of last year. It is felt that there has been a lot of bias towards him, the mother has committed perjury several times, attempts to sever association between child and father by attempting to name change and there have been incidences where the child has had bruising, reasonably explained. I have watched a once reasonably cheerful man reduced to bouts of depression, sometimes quite severe and having needed to seek attention, developing Crohn's due to the stress and aan understandable lack luster for life.

Has anyone or does anyone know of anyone that has been in a similar situation that can offer advice please?
Mrsmcd 30/04/2016 at 3:50 pm
I'm looking for advice, my husband has full residency of my stepson which was awarded 3 years ago. My stepsons mum was awarded weekend visitation (Friday to Sunday) where she was supposed to pick him up from school and dinner one night a week. After just a few weeks she decided she didn't want to do the dinners during the week so they were stopped, she moved into her new partners parents house (she was pregnant by this time) and decided there wasn't enough space so said visitation could only be every 2nd weekend. My stepson wanted to start going to football on a Saturday mornings so discussed it with her and was agreed he would then stay every Saturday night now she had a new house. In December she separated from her new partner and it has all gone wrong. She and her little girl moved into a womans refuge, a good distance from us, while at the refuge it was discussed that my stepson couldn't overnight there so other visitation arrangements were made, 2-8 every Saturday. Since then the little girl has been removed by social services and placed with her dad as the mum isn't capable of looking after her, she also has a new partner who has some kind of criminal record that because of data protection we aren't allowed to know, but he isn't allowed minors in his home, the mum was taking the little girl there and little girls dad now has a protective order against the mum for the little girl. Last Friday my stepsons mum and new partner phoned her grans house and verbally abused all in the house, also saying they would get a gun, come down, shoot everyone, take both the kids and no-one would see them again. The mum is now saying that because we have broken the visitation order and won't let her have him unsupervised she's going to get us done for violation of the court order, do we have a defence? We are genuinely concerned about visitation, she is a flight risk, she has already disappeared with the little girl and is now threatening with violence to take them both. There is much much more to this but this is the short version.
SeparatedDads Editor 25/04/2016 at 10:12 am
Please see link: Mediation: What is it and is it For Me? here which will reassure you that the mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and help you reach an decision that you are 'ready' to agree with. The aim is to make sure that all the issues you wish to be ironed out, are. If the mediation process breaks down then this will give either party the option to take the matter to court. I hope this helps.
stressed out 24/04/2016 at 1:18 am
Hi, I just want advice... I have a 2 year old with my now ex partner, for years he's give me verbal abuse which has affected me mentally and gave me depression. He still sends me nasty messages but now I ignore them and only respond in regards to him seeing our son but he still finds something nasty to say and makes stories up about me and what I have or haven't done with our son.

He'll always find something to argue about then blame me and not take him out on that day, sometimes he'll bring him back early because he can't cope or make an excuse to go to the pub. I won't even let him come in my new house because he'd always shout and swear in front of him being really verbally aggressive towards me.

I have been so patient not to flip as it's bubbling up now and I cannot take any more from him, I always let him decide what days he takes him and I've never stopped any contact even when he'll say last minute he's not having him.

What happens in mediation because I'd like for him to just have the one day but what happens if I want to swap a day or we go away a few times a year and as I'm the primary parent is that allowed?? I do NOT want him to sleep over at all, it's bad enough he takes him round to his house, I know for a fact he takes drugs now and then but I have no proof, and his brother smokes weed all the time in the house. He He wants to take him abroad too with his mum and I know for a fact our son won't be happy being away from and my family.

He doesn't care much at all he thinks he is a burden to look after and stresses at everything, I'm potty training at the minute and I know when he has accidents out with him he'll just shout at him because he's never had any patience with him. I do not want him to have the same parental rights as me, I have brought him up for 2 years and he doesn't deserve to be a dad nor does he care, he just cares about getting into my head and I want justice.

Thanks.
SeparatedDads Editor 20/04/2016 at 12:29 pm
You can iron out and establish these issues when the matter goes to court if you think they may cause a problem. However, as a rule if your daughter is in your care you can arrange her childcare how you see fit, unless your ex objects. Once a court order is in place if a change is arrangements are needed then it would have to be agreed by both parents as any form of reneging upon the agreement could be termed as a breach. You can see the what constitutes a breach via the link: Breach of Contact or Residence Order: What to Do, here. I hope this helps.
Average Joe 19/04/2016 at 10:56 am
Hello. I am currently half way through getting a contact order with help from my solicitor. My ex broke the mediation (from 2012) by allowing my daughter to go abroad for a week during school break and few days before the journey she said that daughter is not going. She has paid me back the price of my daughters ticket.
She I would like to apply to court for access order.

One thing is that I am not sure of. During breaks from school, can I still work why daughter is with me? Can my wife look after her during my working hours? I have another daughter with my current wife at the age of 2 who is her sister. There is a strong bond between my wife and daughter from previous relationship. Can the Court state that my wife is legally allowed to look after my daughter during holidays/overnight access??
SeparatedDads Editor 08/04/2016 at 2:26 pm
I am sorry to hear this. Firstly, he should get the wheels in motion to apply to court. He can trace his children by filling in a C4 form, which is an is an application to the court for an order for the disclosure of a child's whereabouts. He should do this along with a contact order, which will allow the process of access to begin. If he cannot afford legal fees he can self-litigate, please see link: Legal Aid Withdrawal: How to Represent Yourself, here. Many fathers are doing this successfully. I also advise keeping all the emails, texts and social media threats for evidence and not engaging in any two-way slanging matches as this wont impress the courts. I also advise that he reads around everything on the subject; the Separated Dads pages will help here, so he is educated and armed with the correct information for when he takes the process to court.
SeparatedDads Editor 08/04/2016 at 2:04 pm
I am sorry to hear this. Unfortunately, you have to go through the mediation process first before the courts will let you apply. However, I am disturbed to see that you now have to wait again to gain access to a contact centre. Is there no one that your ex will permit to act as a third party contact so you can see your son? You could try bringing this up in mediation. If this is unsuccesful, then you may be able to apply to take the matter to court. The courts do want fathers to have a relationship with their children, so this may be your best option as any agreement made through mediation can not be legally enforced, allowing your ex to renege on any agreement. Whereas your ex will have to stick to a court order and it can be enforced.
B 07/04/2016 at 9:52 pm
Hello,
I'm currently in a relationship with a guy who has 2 children (one 5 years old and one 9 months old) with his ex-wife. They're not divorced yet and he has moved out. He pays CSA to the mother every month but since she found out about me she has stopped contact with him. She moved out of their family home and hasn't told him where she lives now. She changed her number and the only communication they have is through emails, she doesn't reply to any of his messages he sends about the children- she will only send the odd email about money she needs for the kids but doesn't aknowledge that he's trying to see his children and is insisting he makes no effort with them. She writes disgusting things in some of her emails to him when they do talk about seeing the children and she slaps awful things on social media about him and (has done about me also) making him out to be a bad father plus she has harrassed us both at work and got herself banned. It's heartbreaking to watch his upset and breaking down everytime she either doesn't reply or sends some miliscious email to him. He has looked into mediation but the costs is too much for him he's working 2 jobs to pay the CSA and the rent and other expeses he has besides that, she woudn't show up for it anyways.. He's been to the CAB and to free legal information evenings that the university provides but they don't offer much help. He hasn't seen his 5 year old in 3 months and his 9 month old in 4 months now. She has also mentioned that she will keep the baby away from him as he won't remember him as more time goes by. Where does he stand with rights to see his children or even have communication with the mother? Is it legal that she doesn't tell him where they live now? He currently drops things off for them at her mothers house but she doesn't help the situation either. Any kind of help would be great. Thank you.
SeparatedDads Editor 09/03/2016 at 2:14 pm
Unfortunately, we cannot predict what a court may decide. However, it is unlikely the courts will grant 50/50 residency if your ex has not had much input into his child's life for the last year. The most important thing is to keep any evidence on social media, although keep in mind that his ex will be able to do the same. But, this should not be about what relationship the parents have, but what is the best for his daughter and this will be up to the court to decide. It may be that your partner has to take things one step at a time, and re-instating any kind of regular access is the most important issue right now.
Hannah 08/03/2016 at 6:06 pm
Hi, just looking for abit of advice. I'm currently pregnant and my partner has been stopped from seeing his daughter from his previous relationship, he hasn't seen her since Christmas. This isn't the first time she's done it however this time she changed her number and hasn't allowed him to have it so he has no way of contact. I've had to get the police involved due to the personal information she's being broadcasting about me on social media. Last week I put together a contract (nothing legally binding) and a parenting plan, posted it through her letter box with a letter from his basically saying he wanted to see his daughter and why he felt this was the best route to go down.. She returned everything a few hours later basically saying he wasn't allowed to see her unless he went through the courts, wrote really sarcastic comments on the parenting plan and was just vulgar. He has since filed for mediation however I'm slightly concerned, she has had him arrested on 4 separate occasions for "assault". He has never been charged and one atleast one occasion she called back and told the police shed exaggerated, I know she'll have nasty messages off him as when you put up with someone trying to ruin your life and stopping you seeing your daughter ever 5 minutes. I don't believe he was ever physically violent, he's never once laid a finger on me and we don't even argue and we've been together for nearly 3 years. I have ample of messages off her saying he can't see his daughter because or petty reasons and I'm hoping the fact she's sent this contract and parenting plan back as if it's a joke and plastered everything all over social media that it'll go against her. Do you think he'll be able to get 50/50 custody? I've got my own house, he lives here but she'd have to share a room with the baby, would that be a problem? I've already got her a bed in there. We use to have his daughter over night every other weekend fri-sun but she stopped that nearly 12 months ago, will that go against him being allowed to have her over night? We also only live 5 minutes away from the mum so getting to school wouldn't be a problem. Mums going to uni to train to be a nurse so will be working shifts, whereas my partner works mon-fri and I'll be off for maternity so will be able to assist and I have a really good bond with their daughter.
SeparatedDads Editor 04/03/2016 at 11:04 am
If your daughter wishes to stay with you, then you can go through the geenral court system. If Cafcass gets involved, she will be able to express her opinion in the Cafcass report, please see link: What Goes into the Cafcass Family Report? here . It will then be up to the judge to decide on the basis of background history, currrent circumstances, your daughter's opinion, but whatever court it goes to, the judge will always make a decision based upon what it thinks is in the best interests of your child. Regarding your other question, I'm afraid we cannot recommend a solicitor, you would have to do this research yourself.
KK 03/03/2016 at 1:40 pm
there is a court order for me which restrict me to only indirect contact with my children since 2013. I stayed away from my ex-wife who have used all means possible to alienate me from my children. After 4 years of non-contact with my children, my daughter who is now a teenager contacted me and narrated in details the bad treatment she is receiving from her mum. She refused to go home a nd I have to put her into safty and inform the police,school and social services. The local social, police and school have ganged up siding with me trying to cover help the seriousness of the issue. My daughter informs me this is not the first time she has tried to get away from her mum for hel and being reported missing. My daughter has express her wish to stay with me, and she mentioned she has told mum but she has not done anything about it. Please, can you help suggest a solictor who can help me with this complex issue to take this case to the high court for me as the local courts, social services are biased against me. Previously the High court alowwed me contact but mother returned it to the local courts to get it cancelled.
na 29/02/2016 at 5:14 pm
hi

my ex partner is with her new partner, and i want to protect my son as he stays with his mother, is there anything i can do to protect my son , as he was very threatening to me and i think he might do the same to my son.

please advise

thanks
SeparatedDads Editor 23/02/2016 at 3:05 pm
Your only option would be to take the matter to court and apply for a custody order. However, much depends on what your day-to-day input into your son's life is. The article: Applying for Custody: Court Procedure, here will explain what the court considers when dealing with issues of residency and where your child should live. I hope this helps.
Concerned Dad 23/02/2016 at 7:07 am
My ex partner is having mental health issues and my son has been staying at his aunties close by. I am supporting them as best as I can and due to finish my studies in a couple months so will be able to care for him full time. I appreciate the help from his auntie, however this is not suitable for my son long term. I am monitoring this situation and ready to step in if this situation doesn't improve. As a Dad it is my obligation to ensure he has the best upbringing and that all his needs are met. I would like to know what my rights are in regards to taking custody of my son. If his Mum is unable to care for him the best place for him is with me. I have had to step in and act where he has been at risk of harm before. His Mum has responded by calling the police and telling them of my past convictions and they never think about the best intrests of my child. I have always been a stable feature in my sons life I am completing a youth work degree and work with you people on a daily basis. I continue to support my son and his mother but his welfare and wellbeing is my priority
Lola75 20/02/2016 at 10:34 pm
Hi I know this site is for fathers but I'm really worried about my partner I hope you can help me , we have been together for nearly three years his ex and him broke up 4 years ago he has a 6 year old child with her, she has broke all court orders as she had got a new partner and moved away changed child's school etc she will not let him see his child he hasn't seen him seen August and is really depressed I don't know what to do he lies in bed most days and won't talk doesn't want to do anything any help or advice would be appreciated thank you
jojo 20/02/2016 at 3:08 pm
Hi my partner has court ordered contact with his daughter every week. She is currently under a child protection program for emotional abuse from her mother. We have some safeguarding issues this weekend regarding people staying in the mothers home. We have contacted the duty social workers but where does he stand?
SeparatedDads Editor 19/02/2016 at 10:35 am
If you have Parental Responsibility, then you can request to your ex that you attend the meeting, as it personally reflects on you. If your ex refuses, and you think she is attempting to use this as a way to limit access to your son, then in the first instance you may have to suggest Mediation as a way of resolving the issue (in which case the Mediator may be able to contact the health visitor and ask for more information regarding this). Otherwise, if your ex tries to stop this overnight access, then you would have to take the matter to court.
abs 18/02/2016 at 10:18 am
Hi, it is alleged by my ex that the health visitor said my son's development is being affected because of the one night every 2 weeks he spends with me.

Am I allowed to be present at the next health visitor review?
SeparatedDads Editor 16/02/2016 at 12:03 pm
You would need to seek legal advice as much will depend on what you have been in prison for and whether as a result you would have a case to apply for access.
C 15/02/2016 at 8:47 pm
My ex partner will not let me see my child. The case is complicated as i have a criminal record etc. I have not seen my son for 21 months. I spent 4 months inside. However i pay child maintenence each and every month and have not hassled my ex partner in any way. My only contact since my release has been by letter, written in a calm and considered way. Please could you direct for where i go next?
Thanks
Nisha 10/02/2016 at 7:17 pm
Hi i need help my husband and family torture me too much i went to mental hospital i have 8th month old baby and court give order to give baby to my husband three times a week for 5 hours and one day for 8 hours after two weeks baby will stay with him overnight problem is that just for babys safety i was upset and went hospital so why juge doing this what shall i do
Wahid 08/02/2016 at 9:56 am
Hi.I divorced my wife 4 year before in Pakistan, I have three children from my ex and they moved to UK since 9 months. I am married with an other woman and my ex wants to apply child arrangement order or some thing else. Is this possible that she can apply from Pakistan to an English court in UK?
While she is living in Pakistan and if she want to come here she need visa.

Thanks
SeparatedDads Editor 04/02/2016 at 12:34 pm
If your partner wishes to take the issue to court and can't because of the expense, he can self-litigate, Before he considers court he must first suggest Mediation to his ex in order to try and sort the issue out informally. Please see link: Mediation: What is it and is it For Me? here . I hope this helps.
dadlost 03/02/2016 at 11:43 am
Dick - Your Question:

I am divorced I have contact with my 14 year old son but am not involved in his daily upbringing.He has not been attending school and my ex wife is being taken to court.She says that as I am his father I am also going to be prosecuted. I this possible.

Hi been in this position contact the school direct tell them when you are in charge of the child and when if any days you are responsible for getting him to school. Be polite. Speak to the school welfare officer not a teacher. build a relationship with them. this can and will be used later by you in court for any custody contact orders. it goes to prove shes a bad mother . used it done it still doing it fight on
SeparatedDads Editor 03/02/2016 at 11:02 am
It is highly unlikely that you'll be prosecuted if you have no day-to-day say in your son's upbringing. If your ex wife tries to incriminate you, then you may have to prove this fact, especially if you are registered at the school as having PR and are informed of his welfare and receive school reports etc.
Dick 02/02/2016 at 5:40 pm
I am divorced I have contact with my 14 year old son but am not involved in his daily upbringing.
He has not been attending school and my ex wife is being taken to court.
She says that as I am his father I am also going to be prosecuted . I this possible.
Martin 23/01/2016 at 7:46 am
She then started* and my whole family* and I are willing, sorry spelling was terrible
Martin 23/01/2016 at 7:42 am
Hi, me and my ex have got a newborn daughter, she is 4 weeks old. The past 6 months we have had relationship difficulties regarding lots of arguments mainly due to her paranoia, controling personality and confliciting mood changes. We had a perfect 4 days after the birth, theb she starred picking for fights again which then led into an argument and then her assuting me and knocking into the baby.

Shes now forced me out of our joint tennancy house, and phoned the social services which have advised her to make me sound as bad as possible to get a house quicker as we have to move out in 2 months.

I have recordings and messages of her addmitting to assult, begging for me back and that she doesent think i should see my daughter out of spite and biterness because i cant get back with her.

She is Latvian and unstable in my eyes and is ignoring me now and trying to stop me and the baby bonding as i have only seen her for 2 hours over 3 weeks.

I have seen a solicitor but still waiting for a letter on advice about pso and court order.

I fear that i wont be able to see my baby now untill a final court order is made which could take 6 months.

Can anyone advise what to do or how long an interim court order takes?

Also she is Latvian and unpredictable and has threatened to move back before.

Is it worth contacting social services and playing the recording of her admiting assult and then "ok ing it" and her saying she feels bad as they are trying to make me sound as bad as possible to get a house quicker?

Im stuck abd confused what to do until solicitor gets back to me.

My whole and I are willing and financially secure and just want access, please help!

Many thanks, martin
SeparatedDads Editor 22/01/2016 at 2:42 pm
I'm afraid there is no law that says a journey has to be shared. Arrangements such as this are considered to be family based. Your partner's options would be to suggest Mediation to his ex in order to try and resolve the situation, if they can't resolve it between themselves, or if his ex refuses to attend mediation, he would have to apply to the courts for a Specific Issue Order. Please see link:
J 22/01/2016 at 8:27 am
The mother of my partners child lives a 4 hour journey away. She is refusing to share the journey at all which means an 8 hour round trip. My partner is no longer physically able to do this and a new job means he is having problems with time off. Her solution is for him not to see his daughter. My partner pays regular maintenance. Is there any case law we can quote to try and get her to see it is a joint responsibility? Many thanks.
SeparatedDads Editor 20/01/2016 at 3:00 pm
You can stop contact. However, if you refuse your ex access to your son, then your ex will also have a right to be able to take the matter to court in order for the court to decide what contact he has. Once a court order is in place, you will be committed to allow your ex have the contact laid out in it, as any deviation from the order will be classified as a breach.
kat 20/01/2016 at 12:52 pm
My sons father hasnt been in his life for a whole year and he is demanding and pressuring for more contact he sees his son once a fortnight untill am ready to give him more contact so am i in my rights to stop contact as he is pressuring me.
SeparatedDads Editor 08/01/2016 at 2:20 pm
You are an adult and allowed to make your own decisions now. If the court order ended at age 18, then you do not need permission from anyone to make contact with your father, if that is what you wish.
ET197 07/01/2016 at 11:19 pm
Hi there, when I was three years old my dad kidnapped me from my mother and he was taken to court and the judge said he was unfit to be a parent and was not legally aloud to see my until I was 18, I am 18 years or age not and I want to know if the case will have to be taken into court to be able to legally see my dad without contact meetings, would you be able to help me out and give me abit of advise please, many thanks ET197
SeparatedDads Editor 05/01/2016 at 2:23 pm
Please see the link: When Your Ex-Partner Denies You Access, here. He would have to go through the process laid out in the article. He can also apply for Parental Responsibility at the same time.
Sav 05/01/2016 at 11:08 am
hi there my brother in law is 18 and his 16 year old ex girlfriend will not let him see his child he wasn't allowed to the birth and was lied to about being on the birth certificate. He was 15 n she was 13 wen they found out she was pregnant. The police did need to be informed of this due to age but nobody was arrested or charged as is was a mutual sex act from both agreing but they were together as a couple always through the pregnancy and he seen his little boy for around 5 month on and off as she said she will come down but sometimes didn't, then his nan and his self walked to her parents house to give them some nappies and others things for the baby his girlfriend was there and took the things, she let my brother have a picture with him while holding him n she was happy as can be seen in the background of the picture, but a hour later my brother in law and nan was bk at home and her mother came down to his house banging on the door so my brothers mother n nan came out n the girls mother started herling abuse about my brother in law being nasty towards her daughter n grabbed his mum by the neck and slapped his nan in her 70s then ever since that he hasn't been allowed to see him, we have sent birthday cards presents to the house n they have just been returned n not thank-you no contact, and my brother has never been in trouble with police he has never took drugs and has worked hard on a apprentaship for network rail. Please help on what for we need to start proceedings to see him many thanks
darren 27/12/2015 at 1:15 am
Hi I have not seen my daughter in 13 years, her mother was a violent bully physically and mentally and i left her soon after she was born and I have not seen or heard from them since. Recently my Ex contacted me on FB to tell me how useless i was before blocking me. Now i have both names but no location, i am on the birth certificate. How would i go about making contact ?. The mother has no interest in working it out.

Thanks
Darren
SeparatedDads Editor 21/12/2015 at 12:32 pm
You could suggest Mediation if you cannot both agree. However, as mediation is a voluntary process where you both have a desire to agree to work your issues out, if your ex refuses, you would have to apply through the courts. In addition to the information given in this article, please see article: When Your Ex-Partner Denies You Access, whichI hope this helps.
Joshua B 20/12/2015 at 2:11 pm
I have currently been seperated from my ex partner for basically the best part of two years. Currently I see my 3 year old daughter every Monday and almost all other times I take days off work to look after her when her mother needs a babysitter for whatever reason. I currently live a 45 minute drive from my child but either drive to pick her up or get a train whenever I have problems with my car. She has never made the effort to drop her off to me even though I have asked many times. I work 6 days a week for the most part and give her whatever money I can, when I can and the day I have my daughter is usually my only day off. Since leaving my ex partner, I have suffered from severe depression because of losing the regular contact of my daughter, which has resulted in my attendance of a mental health unit. The mother is extremely unfair and selfish and my daughter is frequently under the care of her family members or friends. Whenever I can't do whatever she says she throws in my face the fact I only see my daughter once a week even though that is her own doing. Obviously because of the distance and the fact my daughter will soon be attending school, I suggested that I find another job so that I could have her on the weekends, which she won't allow. She is constantly undermining my wishes and feelings, and making threats to stop me seeing her at all. I'm afraid that if I try to gain a contact order that she'll bring up the fact I have a mental health illness even though it bares no impact on my ability to take care of my child. Further to that she is extremely manipulative and I know she will try her hardest to make me lose simply out of spite, whereas I have no intention to undermine her parenting skills even though they are a few big problems I could mention, because at the end of the day I don't want my daughter to lose out. I'm going to be seeking a regular 9-5 job after the new year and am going to contact the CSA myself rather than give her money which I can't prove I have given her. I read on the GOV website that before I can make a application for a contact order, I basically have to attend a mediator but I know full well that will serve no purpose but to make her prevent me from seeing my daughter until I do get a contact order, if I could infact get one. All I care about is the wellbeing of my little girl and all I want is two days a week, the weekend being the obvious option due to school like I previously mentioned. I'm very worried about the whole situation and it's causing me to struggle to get over this depression which I am trying so hard to do for the sake of my daughter. I'm seeking any and all advice on the matter please. I'm just a dad who loves his child, who incidently is being used a tool by her mother to ger her own way.
Verve 20/12/2015 at 1:29 pm
Hello fellow dads! , im starting to have trouble with my ex girlfriend again! We have 2 children ages 4, Weve already done mediation and been to court, a court agreement was set up and it hasn't been that bad since the summer but lately shes using the same excuses that the kids are ill when i know and have proof they they weren't! and many times shes said i cant see them etc, i only see them every other weekend and every tuesday for 3 hours. I would like to go back to court to sort out more contact and to tell the court that i am more than capable to look after my children if they are not well, i have parental responsibility and just want more time with my kids without there being constant issues!
How would file for court again ? The last c100 form i got was from mediation but im unsure on how to get another one? If request another form will a mediator have to sign it? Also if it does go back to court will contact with my children have to stop?
Many thanks
dan 18/12/2015 at 11:39 pm
My ex is very difficult when it comes to me seeing my children. She only allows me to. See them when she dictates. I am emotionally finding this hard. They love with her and i ve requested that i have them everyother weekend sometimes she cancels on the day and other times just dont answer or be in when collection. What are my options please i just want regular contact fixed without having to jump through hoops pleasr advise
SeparatedDads Editor 18/12/2015 at 12:36 pm
You have to be careful about keeping the children without consent. If you have Parental Responsibility you can do this. However, it means the police may be able to bring the children back if your ex has a residency order. The courts also dislike parents taking the law into their own hands and would prefer that you applied for custody through the court procedure, so the courts can make an informed decision regarding who the children should live with. Please see link: Applying for Custody: Court Procedure, here. You may also wish to speak to the Social Services and see what they advise. I hope this helps.
Daddio4 17/12/2015 at 8:33 pm
Hi. I have 4 children with my ex partner.. We currently have a court order in place.. The kids have to live with her and I see them weekends and holidays!!! My children have social services involved as they r not being looked after prople and there living conditions r very poor and clearly not being looked after prople.. Now my question is can I keep my children with me due to neglect I don't want to have to send my children back there..my children have to wait for his lunch at school because there mum don't make it for them, my children have constant head lice, mustard put in there mouths if there naughty and in there food... Always late for school.. They have even told the school they don't like it at mummies..so much more problems and it's getting worse.. What can I do...as I'm worried that if I don't return the children I will get arrested.. Thanks
SeparatedDads Editor 17/12/2015 at 9:56 am
I recall replying to this question on another of our pages. Please refer there. I hope you manage to sort this issue out.
DDT 16/12/2015 at 12:50 am
Hi, my ex has refused any contact between me and my son. I have parental responsibility, and a home suitable for him. I have a court date set for Contact hearing, but this is in 3 months time. He is only 1 years old, and i have not seen him for 7 weeks already. She is requesting permission from court to remove him from UK, and is destroying the relationship i have with him. Is there anything i can do to force contact? How can the current system not have fathers rights to a child?! Is there not a case for unlawful detention if i have parental responsibility? Her solicitor does not respond to requests for contact. Feel emotionally drained... Please help
SeparatedDads Editor 14/12/2015 at 11:34 am
Please see article: When Your Ex-Partner Denies You Access, whichIf your brother wants access to his child, then he would have to take this to court in order to dispute this letter. The courts will then make a decision based on what it thinks is in the best interests of his child. Dependent upon the circumstances, if he is awarded access, it will be official and set days and if his ex tries to go against the order she will be in breach.
Sammie 11/12/2015 at 9:45 pm
Hiya I was just wondering as to what the law states as my brother has received a letter off his xparnter solicitor stating that he is not allowed access or contact with his son and Im a bit cures as I thought only the courts was allowed to decide who can and can't have contact as none of this has gone to court and the solicitor has took it upon himself and issued the warning be so grateful for any information thanks
SeparatedDads Editor 30/11/2015 at 12:11 pm
If you can't agree between yourselves, then in this case I would suggest mediation. Please see link: here. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. However, they will assist the two parties in taking turns in the conversation, hoping that they will reach a mutual arrangement that is fair to both parties. I hope this helps.
Mummy bear 29/11/2015 at 4:05 pm
My ex and I have a daughter of 16 months, I also have a 12 year old son from a previous relationship. We agreed access to be that my ex would have our daughter every Monday for the day and night, and we would split every weekend fairly, so my ex would have our daughter Friday night and Saturday day one week and Saturday night and Sunday the week after etc. my ex wants to have our daughter every other weekend from Friday through to Tuesday morning. This arrangement would mean that I would have to go a fortnight at a time without spending a whole day with my daughter as I work full time, meanwhile my ex would still have his full day every Monday. I would much rather stick to our arrangement we previously agreed on as that way we both get equal time with our daughter and i feel it would be a easier routine for our daughter to adjust to. My ex has not really bother with my son since the split which I am very sad about as we were together for 7 years so they have an emotional attachment. When I say to my ex that I am not happy with his suggestion of access, he responds to say he will have no more contact with me until he gets advice, which is fine but he ignores me when I try to find out when he is next having our daughter. If this goes to court, will I have a case? I feel I am being very reasonable. Thanks
SeparatedDads Editor 26/11/2015 at 11:39 am
If it goes to court again Cafcass will get involved and you will be able to have your say. Please see article: What Goes into the Cafcass Family Report? whichCafcass are employed to listen and will take both parent's views on board, therefore your side of the story will be heard. It is then up to Cafcass to present its report to the judge. I'm sure you are aware of this, however it is the process and it does allow each side of the story to be heard.
Ellie 25/11/2015 at 9:44 pm
Me and my ex partner have a 2 year old son together. We've already been through the court process and access between my son and his father was going well on a weekly basis. Recently he brought our son back to my address but his grandfather was present, (his grandfather at the time was going to court for child sex abuse and rape against children within their family, he's now been convicted) his father knew about the ongoing of his grandfathers case. Naturally I am disgusted as a mother that any father would put their child at risk like that and have stopped contact immediately, I'm very aware courts don't like this so I've offered suppervised visitation, he's threatening court again. I've spoken to social services, police and caffcass and no one is taking me seriously, what should I do!! My two year old was put at the worst possible risk and I have been told to just ignore it as the grandfather is locked up, a father wouldn't out their child at risk like this, will the courts listen to me? Has he got his child's best interests at heart? Really stressed out
SeparatedDads Editor 25/11/2015 at 12:31 pm
You may find the answer in the Bar Council - Guide to Representing Yourself in Court herewhich covers all aspects of self-litigation. I hope this helps.
PeterL Editor 25/11/2015 at 12:25 pm
@George - The court has an unlimited discretion, and a claimant may raise any argument he or she considers appropriate to avoid paying the defendant’s costs. You as the claimant will have to have good reasons however to avoid paying costs. If there is a discrepancy in earnings, then a cost-capping can be put in place. You would have to submit details of your inability to pay and you'd have to apply to the court.
George 24/11/2015 at 7:01 pm
I have had to apply to the courts for a contact order to see my son. I'm representing myself my ex girlfriend has legal counsel. The final hearing is tomorrow. My ex's legal team have sent me a statement of costs today the total is almost 10k there is no mention of an order for costs being made or anything else other than 'by way of service our clients statement of accounts'. I cannot pay anything towards her costs I had to borrow the £215 application fee! I have 6 children 1 of whom is with my ex. What is likely to be the outcome of this?
Gga 21/11/2015 at 3:01 pm
I have two children with my ex husband one is 11 the other 9 , my ex sees his children fortnightly and is currently in a new relationship.
His new partners child who is 8 is constantly picking on my children and recently exposed himself to my children when they were asleep.
My ex constantly shouts swears and hits my children and is threatening to take me back to court even though I have not stopped the children from going to see him.
My children do not want to see him anymore what do I do to protect my children.
SeparatedDads Editor 20/11/2015 at 1:50 pm
Unfortunately, as she is now 11, Cafcass would take her opinions into consideration and therefore if she continues with this view, the court is likely to listen. However, your daughter could change her mind when talking to Cafcass and the courts do not always adhere fully to the Cafcass report. I'm afraid I can't advise you on what decision you should take, that is up to you. The payment, or non-payment of child maintenance should not have a bearing on whether your daughter should be allowed to see you or not. Has the court not suggested trying to solve the issue through mediation? It is a lot gentler and may be a lot less stressful than taking the issue to court.
Techno 19/11/2015 at 10:31 pm
My daughter is 11 years old and lives with relatives under a child arrangements order, which also gives me contact every other weekend. They stopped my contact two weeks ago because they weren't happy with a child maintenance issue (even though the child maintenance service are involved in that side of things and I was following instruction from them).

I went to see a solicitor to get them to write a letter saying that if contact wasn't resumed I would go to court to have the order enforced. (The solicitor isn't acting for me as I can't afford one and the letter was from a one off appointment) They received the letter today and told me to take them to court.

My daughter then phoned me and during an hour long call basically told me that it's her wishes and feelings that she doesn't want to come. I think there is a degree of parental alienation because of things they've told her. She says these things have upset her and that's why she doesn't want to come.

I'm not sure what to do now, as the recitals in the court order state that "upon the parties agreeing to be flexible in terms of X's arrangements and to be guided by her wishes and feelings"

Will a court say that, as she's saying that she doesn't want to see me, she doesn't have to
SeparatedDads Editor 18/11/2015 at 12:40 pm
If you can't resolve the issue between yourselves, then I suggest mediation. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings, Contact Orders, residence agreements and Divorce. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. It sounds like your ex's threat are just a knee-jerk reaction regarding being separated from his son. The courts will always suggest you try and solve the issue through mediation first, therefore this is the natural next step which will allow you to both to try and find a resolution.
SeparatedDads Editor 18/11/2015 at 11:23 am
If you can't resolve the situation between you, then in this case mediation may be the answer. Please see link: Mediation: What is it and is it For Me? here. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings, Contact Orders, residence agreements and divorce. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Ihope this helps.
Stac 17/11/2015 at 10:01 pm
I have younger children aged 5 and 8 years and they started off seeing there dad from a Friday to a Sunday my 8 year old was good in the beginning then he started getting distressed going there and then he stopped going for a while because his dad's new partners kids were picking on him he has recently started going again but with my 5 year old he was going so well at first but the past few months went and he hasn't wanted to go there at all and he kicks and screams the house down and cries his eyes out that he doesn't want to go of course I ain't gonna force my child to go if his getting distressed but now because of it the father reckons his gonna apply for full custody surely he can't just get it like that
Rose 17/11/2015 at 4:27 pm
I am a divorced mum and my two boys 7 and 9 live with me. I have never tried to stop the boys father having ccontact with his boys. He sees them every other weekend and even though he lives 45 miles from me and the boys school he drives them back down on the Monday morning rather than the night before. He has half of the school hols always without question and he even takes my Saturday sometimes if there is a football match on - usually he tells the boys this before asking me! My problem though is that he wishes to see the boys during the week - that's OK - except that he wants to do one week on a Tuesday and the following on a Thursday. I have no problem with him seeing the boys in the week but for several reasons it needs to be on the same day but he doesn't agree and will do a different day each week chopping and changing at short notice with no regard for consistency for the boys or my work/childcare arrangements. I have explained the inconvenience to him but he ignores me. He does this deliberately to make my life difficult because he knows I need the routine of the same day each week. It may seem strange but I am wondering if I should get a contact order to force him into choosing a weekly to stick to.
murphy 07/11/2015 at 3:15 pm
I have to visit my daughter at a contact centre i have two kids with my new partner my ex wife is not aloud my partner or my kids near my daughter. Can i bring along my kids to visit their half sister in the contact centre??
mich 03/11/2015 at 4:13 pm
Hi my son is in prison for possession of a fire arm. He wants to know if he can apply to the courts for contact for his children whilst he's in prison? Would she have to take them to see him if such an order was granted?

Thanks
SeparatedDads Editor 27/10/2015 at 11:09 am
I am sorry to hear this. You may find our Separated Dads Facebook page useful as there are many parents going through the same or similar issues. Hopefully, the courts will grant you the access you need. You are taking the right approach, just don't give up the fight. I will also post your question to our Facebook members, please check the site for replies.
SeparatedDads Editor 22/10/2015 at 2:30 pm
I assume you are in consultation with CAFCASS, if it is pre-court. Therefore, I suggest you have a word with your officer as your concerns will invariably go in the CAFCASS pre-court report. Please see link: What Goes into the Cafcass Family Report? here. I hope this helps.
missb 21/10/2015 at 5:35 pm
hi i spilt with my ex about 6 month's ago, we have a 3 year old son together, my son was always asking for his father so i agreed to 3 days a week and on a Saturday to go see his grandparents, he failed to show twice and my son was ready and waiting and was quite upset, i got angry and said you either show up or not at all so he stayed away, recently i asked my son's father to come see him as he keeps asking but he just refuses and said he's going to court, he has said he is going to court since we split but he was having contact with my son, he's since got a new girlfriend and no matter what he is still refusing to see his son until its gone to court, my poor boy is asking every day but his dad will not come, what would the courts do about this situation please?
Gaz 19/10/2015 at 10:35 am
When I'm in court next week for breach would I be able to ask the judge to apply a court order stopping her ex having contact with my son, there is a lot of history where social services and police been involved.,social services have also advised her not to allow him near him so would I be able to get someone in place, if so what? Thank you
SeparatedDads Editor 08/10/2015 at 11:20 am
As you know a section 37 penal order specifies that if the order is not complied with, then the person at fault may be held to be in contempt of court, imprisoned or fined, or assets seized. Please see article, Breach of Contact or Residence Order: What to Do, whichYou should seek legal advice if you want to apply for a residence order, I hope this helps.
Gaz Atmore 07/10/2015 at 4:14 pm
Hi, I've been to court X amount of times where a contact order has been but in place, that's been ignored then was a enforcement order, she sat and told the judge this needs to stop and the county court judge basically said I don't want to see you here again. He put a penal notice in place along with a section 37 of the children's act. This weekend will be the 5 weekend this has been ignored, I'm delaying for good reason as to try resolve the matter which won't happen. What action are the courts now likely to take. This is never ending , would I be able to request he lives with me?? Thank you
SeparatedDads Editor 06/10/2015 at 11:42 am
According to the CPS; 'there is a statutory defence of 'reasonable excuse', with the burden being on the defendant to show that his/her excuse for breaching the non-molestation order was reasonable. 'Reasonable' will need to be considered on a case-by-case basis.' However, to be on the safe-side, it would be advisable that your son sought some legal advice about his concerns regarding the matter, either via his local police station or through a solicitor.
Catimu 05/10/2015 at 12:40 pm
My son and girl friend split up. She has the child and my son has gone to court for contact. She has now but a molesting order on him as he comes to visit me (his mother) at the family home where we have lived for 19 years she has no moved to the same area and he has to drive passed her house to get to my home. Can she do this. They have had not contact for about 2 years.he now can't visit me
M15 26/09/2015 at 9:54 pm
Long story cut short my partner hasn't seen his daughter since may 2014 in a contact centre. His childs mum is very difficult and has moved 100 miles away. He applied for contact order with after several months got took to court he ended up with contact centre every other weekend which he failed to be on time a few times which resulted in him not seeing his child. (obviously he knows hes in the wrong but traffic ect) Basically I was due our baby in the October the final hearing was also then he emailed wrote and rung up the court letting them know that I was due for the baby can the hearing be brought forward or back but heard nothing and the case was dismissed. since then hes spoke to his ex through messages asking how his daughter is ect begging to set up a contact centre again she has said no. He found out she has changed her surname at her nursery and doctors and since hes mentioned it shes changed her number and has moved yet again. obviously but partner is no angel but he wants to regain contact with his daughter again. what would be the likely outcome if he applied for court again will the throw it straight out of court or will he get a second chance?

hes also representing himself at court due to financial difficulties where as she has a solicitor.
SeparatedDads Editor 24/09/2015 at 12:32 pm
I am sorry to hear this. However, there is hope. Firstly, if you have no address for the child, you can apply through the courts on a C4 form, which is an application for an order for disclosure of a child's whereabouts. It means the courts can put a trace on the child to allow your son to apply for access. If he cannot afford the court costs, he may be able to get help with court fees and a remission of fees to make official applications if he's on benefits or a low income. If he can't afford a solicitor, he can self-litigate, see link to: Legal Aid Withdrawal: How to Represent Yourself here. The Bar Council also has a very informative guide, whichMany fathers are having to do this and if their case is prepared thoroughly, then they are gaining successes here. I suggest if she is holding his child to ransom like this, then he fights through the courts, as he has nothing to lose. If an access order is made official, then should his ex renege on the arrangements she will be in breach of the court order and the order can be taken back to court to be enforced. I hope this helps.
Deenie 23/09/2015 at 2:43 pm
My brother and his ex split when their son was 8 weeks old. She had lived with my parents for 3 years prior to falling pregnant, had little contact with her own family and they tried to pay to have the baby aborted. They made a conscious decision to have the baby and my parents rightly said they would have to find a home for the 3 of them. They were housed and once their son was born her family got involved and within weeks asked her to move back with them. My brother received a call whilst at my parents to say she had moved back with her family (no warning). My brother lost his home, his partner and most importantly his son. My brother moved back with my parents and it was agreed he would see his son every Wednesday and stay overnight Saturday and be returned Sunday afternoons. This was going fine but she was always moving the goalposts of times to suit her (even stating to bring him home later one day so it didn't interrupt her dinner). I have watched my family walk over eggshells to accommodate her requirements. Now he has received a letter from a solicitor stating Leo cannot stay overnight and he is now only allowed access on a Wednesday but my brother has started a new job so he has to choose between his job and seeing his son. I cannot believe fathers have so little rights or support out there. He is 21 and doesn't have the funds to go through legnthly legal proceedings so what does he do?? I'm worried for my brothers state of mind as he is severely depressed over the entire situation. His ex is extremely smug and continuously contacts him for arguments which we have heard but he just has to bite his lip as he knows she will only stop him seeing his son. She with her family have since moved and she will not give an address. His ex brother recently tried to commit suicide and her sister self harms (all of which live under the same roof). How do we know he is in a safe environment if we cannot see where he lives or how he's being brought up. It's tearing my family apart and I'm desperate for any help I cannot watch this any longer it's breaking my heart. I have a 6 month old myself and cannot understand why anybody would want to prevent a child from seeing their other family. They were simply too young to be parents and couldn't cope with the pressure as a new family.
SeparatedDads Editor 21/09/2015 at 3:17 pm
I'm afraid you would have to take professional legal advice on this, due to the fact you have signed away parental responsibility (as this is quite rare). However, more than one person can have PR. You could apply for PR for both children and with it access/contact, if your solicitor thinks it worthwhile. Family law courts wish for children to be in contact with their fathers, therefore you have every right to apply.
KAM 19/09/2015 at 1:39 pm
Hello all, My partner decided to leave without notice 6 months ago and took our boys (both under 5) with her and moved back to Middlesbrough, a 2hr drive away from Manchester. It was 6 weeks before I managed to visit them. I came close to calling the police the moment I came home and they were all gone and I wished I had done now. Gave her the benefit of the doubt and thought our minor issues would be resolved if she had space away. She put kids in school etc and me gullibly thinking come the summer she'd see sense and return. Unfortunately not! I had regular contact visiting kids there on my 4 days off and was regularly bringing them back here. However, things have deteriorated hugely the past fortnight and she demands a legal document is in place now before I can take kids again. Tried to reason with her that il' see kids in M'Boro in her presence but she is being vindictive and stupidly stubborn. My ultimate aim is to somehow get them home where they settled and very happy. However, we weren't fully married and only did the first bit at the registery office and never returned within 12 months with witnesses to confirm our marriage. BIG REGRET! From reading up on this FANTASTIC website I have sent her Parental Responsibility letter and form and told her if she refuses to co-operate I have rights to go down the court route via an Interim Contact Order, but not told her of my main objective of a Residence Order. My Questions are: 1/ If she does co-operate, How long does it take for me to get PR? Which this site tells me I need before I pursue a Contact Order. 2/ And then how long to get a Contact Order? Every day is a struggle as I think Mediation will be no good as she wants to remain there and I want the boys returned here. 3/ A problem I think is that my name is not on the older child's birth certificate. Would this go against me? 4/ REALISTICALLY, How likely am I to get my boys back? There are loads of mitigating circumstance that would take all day to explain here. Many Many Thanks Kamran! All advice would be HUGELY appreciated!
Fm 19/09/2015 at 10:14 am
Hi.
I'm seeking advice regards to a contact order to see my two boys which one is 4 yrs old and the other is 2yrs old.
i have gone through the mediation process which my ex has refused to attend and they have granted me a certificate so I can now go through the courts - what will happen next ? - will the courts grant me access as my ex refused the mediation or will I have to go back through the process from the courts again - any advise I would be much appreciated .
I'm a quality engineer and due to my realisability having two boys I have recently bought a 2 bed property in which has a decent size garden and have have everything for when I do have my boys stay over-
Stevo86 18/09/2015 at 3:13 pm
Can anyone help me? I have recently spilt up with my ex girlfriend, and new she won't let me see my daughter who is coming up to 2, she moved out my house and I don't know where she is living. Also she's doing everything in her power to stop me seeing my daughter by accusing me of doing drugs, hitting her and much more, just before we split up she even cut herself saying all you want to do is see me hurt, she was going mad so I rang the police, when the police came she told them I cut her and they arrested me, all charges were dropped but to the extent she's going to to try stop me seeing her is scary I'm actually concerned for my ex's metal health, she keeps turning up at my house at all times trying to get in if I'm asleep or not,, I pay csa and I'm happy with that but I just want to see my daughter, I have an appointment booked for mediation, but I know that's not going to happen is court the next step for me from this? Thanks
Desperatepartner 15/09/2015 at 11:16 pm
Hi, my partner lost contact with his son when he was 3 years old and 2 years ago (his son was 8) he managed to start contact again. He lives 80 miles from us and when contact was forst agreed via a solicitor it was supposed to be every other weekend Friday through to Sunday. The mother has never stuck with this unless suited to her and now she has said his son wants to play football every Saturday so we can only have him on a Saturday afternoon through to Sunday at 4pm every other weekend. Do you think it is worth seeing a solicitor to have a Court Order put in place to say that we have him every other weekend Friday to Sunday? Please help. Thank you
Traz 15/09/2015 at 8:46 pm
Can anyone help. My girlfriend had a baby in June and unfortunately we separated before she was born. I moved away whilst she was pregnant but always told her I wanted to be a part of my daughters life. When she was born I came home for the birth but I wasn't allowed to see her until an hour after she was born , I'm not on the birth certificate and at first she only allowed me to see her whilst she was there which was fine as I understood that she felt protective, but as the month passed she still only allowed me to see her while she was there.. It's very awkward and I find it hard to bond with my ex there all the time.. I can only get home to see them one a month and now she has stopped me seeing her and she has stopped my family seeing her.. What can I do . Can I get a court order to get my name on the birth certificate and get some visits.. I don't want custody I just want to see my daughter . Please any advice would be helpful
SeparatedDads Editor 15/09/2015 at 11:57 am
Any mutual family-based agreement, while signed, is not official and can be disputed by another person with parental responsibility. Therefore, you would have to go through either mediation or the court process. While mediation can help matters and is less costly than taking the matter to court, it is a voluntary process and any arrangement made on the back of it, is not official either. Please see link: Mediation: What is it and is it For Me? here. However, if the matter is taken to court, then the process is official and if you are granted specific arrangements to see your child/children, then your ex will be in breach of the contact order if she does not comply. Please see our article: When Your Ex-Partner Denies You Access, link here to see the process you should go through. I hope this helps.
SeparatedDads Editor 14/09/2015 at 2:06 pm
I'm afraid we can't predict what the courts may decide. The courts will always wish to ascertain what is in the best interests of the child and the Cafcass report will do all it can to establish this. Please see link: What Goes into the Cafcass Family Report? here . I hope this helps.
Jake00 14/09/2015 at 11:13 am
Hi, my ex partner has become increasingly difficult with contact arrangements in the last few months. I have an agreement that i typed up and we both signed prior to this, is there anyway i can send this agreement off to get enforced by a court etc or is it usless? Thanks
Kkkk 13/09/2015 at 3:02 pm
My bother is going threw courts to see his son, be is 6 and the past 6 months when he has ment to have seen him. His mum is texting minuets before saying 'he doesn't want to see his dad' .... Can be still get joint custody if his son is saying theses things ?/
SeparatedDads Editor 11/09/2015 at 2:59 pm
I can only suggest reading the article: Ex Partners and Parental Alienation Syndrome, whichHowever, as specified in the article, for the victim, generally the father, to prove PAS is very difficult. You’ll need a good solicitor, a child welfare officer who’s willing to go beyond the surface to investigate your side of the story, plus the willingness to pursue this, probably at County Court level, which means expense. On another note, the courts are aware that some mothers will try to manipulate the situation and try to stop the other parent seeing the child, and they do want fathers to have contact. So stick with it, these findings may come out in the report and the court decision may recognise this and therefore it may not turn out quite as badly as your son fears.
Heartbroken grandpar 11/09/2015 at 6:59 am
My son started court proceedings June 2014 after his ex decided that her new partner was a better dad than him and stopped all contact- his ex made numerous attempts to sully his name, i.e drunk, mental health issues, danger to child, domestic abuser etc etc..all of which have been proven unfounded. Court was in sept 14 where it was decided contact should take place at a centre (due to the unfounded accusations) this was supposed to start in Dec, but Mum made up no end of excuses as to why it couldnt, so it didnt start until Jan 15. Contact at the first centre didnt go well because Mum broke the rules and attended even though her father was supposed to take the child, so contact was set up at a different venue where psychologists were present - this contact has gone really well, my son has started to re-new his bond with his child and they have lots of fun together. But Mum is still digging her heels in and after a meeting with cafcass yesterday to review the situation it ended with the cafcass officer saying she does not know how to move things on because Mum is emotionally manipulating the child behind closed doors and making it very difficult for the child to see Daddy. She (cafcass) even went so far as to say, he may only get a phone call as an outcome - but at least the child will know that daddy tried!! How can this be??........has anyone else been in this situation? Can the court order the mother not to interfere in contact, to not emotionally manipulate the child...... please can anyone help, we are heartbroken.
SeparatedDads Editor 10/09/2015 at 1:57 pm
No, she only has the right to know the whereabouts of the child, which she can apply for through the courts for contact/access reasons. However, the court does not have to divulge your actual address.
Soph1995 09/09/2015 at 4:04 pm
My partner has a child with someone else . He has a non molestation order against her. We have just mived does she have a legal right to know our address
SeparatedDads Editor 08/09/2015 at 2:05 pm
If you want the order made official, you would have to apply through the courts (although there is no guarantee you would be awarded residency). A Residence Order is an order issued by the Family Proceedings Court, and details which parent the children should reside with. This order normally provides details of when and where the children can be visited by the parent who has failed to gain residency. Once the order has been granted, Parental Responsibility for the children goes to the person with whom the children will be living.
You should only apply for a Residence Order if you and your partner cannot come to an amicable arrangement relating to the living arrangements of your children. If this is the case, you should consult with a solicitor specialising in family law, who will advise you on the best course of action to take, and may suggest that a period of mediation is entered into before pursuing the matter through the courts. Paramountcy is the term used to describe how the court will look upon such requests for the issuing of a Residence Order. Paramountcy relates to the importance to the children of where they should live and also what is in their best interests. For example, if the court feels that the children’s best interests would to stay with their mother, then they are obliged to issue in her favour. The most important aspect of any court proceeding relating to the care and wellbeing of your children is what is best for them. I hope this helps.
BigDave 07/09/2015 at 9:11 pm
Hello
My son is coming to stay with me and he is two years old.. me and his mother recently broke up and i want to know how i can secure his recidency with me so his mother cant just take him if she gets mad or feel the need to take him.. Im not on child support and we have never been through the childs court for assistance because we always tried to avoid that.. Im not trying to keep him away I just would like to know is there any extra steps I have to take so she just cant change his residency with me when she feels like it.. Thanks in advance
dungeon 31/08/2015 at 8:10 am
HI
After 12 years abusing us ex walked over us. The torture and emotional and mental abuse at the hands of ex suffered by us can never be forgotten in a million year. he was arrested and released on conditional bail. he has sexually, physically and verbally abused our daughter who is 10 years old. the child hates to see or speak to ex is the message that any officer has heard on questioning her. EX is also in other relationship and her baby is due in november. EX is trying through common friends, sending constant threats and controlling even after warning. The attitude of ex has caused the anxiety and depression to the children. what rights do i have and how can i protect the children from the further abuse at the hands of EX.
Fresh Prints 30/08/2015 at 2:05 am
My ex- took me to court for a non-molestation order but upon submission of my statement at an interim hearing her solicitor asked for a cross undertaking which I agreed to despite knowing I would likely "win" at a full hearing. I thought it was better to be happy than right given costs were already putting a strain on matters. To her credit she has been very good with regards to access to my child with three nights a week however as a result of her being overheard in public she is now contemplating a Contact Order but not from the court where the cross undertaking was agreed. Is it likely she has asked for one from original court and is now seeking it elsewhere or is this a standard tactic?

She is also telling anyone who will listen that I am "still stalking her and being aggressive towards her" despite having no contact with her other than a written diary which only contains information regarding our child. I have a witness who will provide a statement would this be of any use to me if I wrote to the court?

Any advice greatly received.

Essentially she is seeking to control how and when I see my child as the cross undertaking only has six months to run upon which time I am free to do as I please regarding direct contact with her
Lb0609 22/08/2015 at 4:10 pm
Hi, is there an appeals process we can go through after the final court hearing? My partner was unable to attend due to the birth of his grandchild and a no contact arrangement was ordered in his absence, any advice would be greatly appreciated. Thank you
SeparatedDads Editor 19/08/2015 at 10:19 am
This is always a tricky question as she will invariably be in breach of the court order, should she stop her ex's holiday access. While a court order enforces access, it should have some level of flexibility attached to it. Please see our partner article: Breach of Contact or Residence Order: What to Do, whichHowever, if she is not happy about not being given the address, then she can, if she feels strongly about it, stop the contact. However, it will allow her ex to take it back to court for breach of the order and she/he and the child will have to go through the whole court process over again. Therefore, in cases like this, some negotiation and understanding really is necessary in order that the access process proceeds smoothly.
Bacon90 18/08/2015 at 9:49 am
Hi I'm looking for advice for my partner , she has recently had a court order given for her exes contact with their daughter , in the order it states that he will have her for 7 nights during the summer holidays but he has changed this to 8 nights to compensate for a rearranged visitation which she has not agreed to , is she within her rights to stop the 7 days contact if he a) doesn't agree to keeping it at 7 days and b) doesn't disclose the address she will be staying at over that period ?
Lb0609 03/08/2015 at 11:10 am
Hi I am after a little advice in behalf of my partner, he has recently been denied any contact direct or indirect with his son after being unable to attend the final court hearing, he has gone very into himself and wont talk about it. I need to know if there is any sort of appeals process we can go down as he was unable to attend due to his eldest daughter giving birth to his first grandchild. He emailed the court explaining that he could not attend and the reasons for it..... His ex has denied him access on the grounds of domestic abuse, a very untrue alligation and something she is unable to back up due to it being complete fiction.... any advice on this would be gratefully apreciated as we cannot afford a solicitor.... thank you
SeparatedDads Editor 31/07/2015 at 11:25 am
@kirk - I imagine Cafcass is involved and will compile a report on your situation, which will mean you will be able to put forward the reasons why you don't want your ex to have access and this will be listened to and evaluated by the court. Please see our partner article: What Goes into the Cafcass Family Report?here. However, I can't predict what the courts might decide. They will take his previous prison record into account and other offences he may have commited if they bear specific relations to him spending time alone with your child. I hope this helps.
kirk 30/07/2015 at 12:16 pm
My ex has only seen my son ones when he was a week old now my son is 14 mouths. Iv got a court hearing soon he wants acses which I never said he could not have it but in the end after the straps he put me tho take in drugs and he's flat was a mess he had stake knifs hanging nets up drugs on the coffee table. And he would not help with child cost I'm scerd of hin he ues to course to much trouble on nights out. I do have 3 over children to consider so I ended the relasonship. He's a liability he's only seen my son ones he's. My over children see there dad's I have no problem with but my ex can't even look after him self my son is a happy baby in a good rutile and goes to nanny's every weekend. He only wants to see my son because he's girlfriend has a child. I really feel uncomfortable with him around me and my child. We was not go in for long 5 mouth I got of it asap he's been to preson fir 7 years in all for drugs and vilont. I'm so upset scerd fir my son and he's every got someone to ask around were I live help me please
Emma 20/07/2015 at 11:07 am
I have a residency order in ace for my eldest daughter which was ruled in my favour.
It cleat states that any contact to my daughter needs to be through myself or the court, but this is not happening as my ex partners new partner is now trying to have her say to.
But my main concern is that my daughters dad is an ex drug abuser, don't get me wrong he's doing great now and has has mostly regular contact with her for almost the last yr, my issue is that he has bad mood swings due to his non drug abuse now and that his partner has made many s threat of violence to me and has s previous record for GBH. I'm concerned that this could excolate to my daughter and that my ex is not mentally capable of stopping this. He says that he will take me to court and fight for more contact but my daughter is also not taking any of this well she is now studying her GCSES and has been so unhappy everyone she comes home from seeing her dad and his partner, I've also found out she has been punching the bedroom wall to relieve this stress :(
Is there anything I can do to stop him from seeing her until she more capable of dealing with this and he has a better home life for her to be a part of?
bubbles 19/07/2015 at 6:45 pm
Hi. Me and my ex husband split up when our son was 14 months old. He is almost 4 now, my ex has a new girlfriend and a 8 month old baby. My ex used to have our son one night and day each weekend, and this worked well for both of us. He then moved 20 minutes away and said it was too much to drive that distance to see our son so we agreed to change the arrangement to him having our son every other weekend for 2 nights, so Friday night til Sunday afternoon. Since before his baby was born he dropped it down to 1 night every fortnight and it has remained that way ever since. He changes weekends to suit him and his life, if Manchester United have a home game he refuses to have him on those weekends. On average I would say he now has him 1 night every 3 weeks. I have been more than reasonable since we split but feel like he is taking advantage of me and I feel like my son is second best to his new family. I have tried to speak to him on numerous occasions and he either blows up and twists my words round or says we will sort it out but nothing ever comes of it...I don't want to go down the legal route but feel like this is the only way we can go forward. If he genuinely couldn't have our son I would be far more understanding but he blatantly just wants his own life and doesn't give anything back.
lulu 16/07/2015 at 5:43 am
Hi I closed my contact order down in court as some think happened in the family I want to have contact again how do I go about it
Andrew 14/07/2015 at 9:58 pm
Hello, I don't know if I can get the right advice but I have had a court order issued on the 13 April 2015 and my ex has played dumb saying she didn't know about it, and I have to do a referral to impact but they said I need to apply to some company what charges £10 does anybody know which company I have forgotten which company it was. Hope to hear soon
€Dad% 01/07/2015 at 8:41 pm
I am in court for a contact order and my ex wife was in support of this from the beginning whilst cafcass had a concern based on my conviction. My ex wife was the victim. In the end I proved to the cafcass that I am able and capable of been around my child. The cafcass advise the court to allow me supervision contact but my ex then objected it at work saying my child do not want to see me again without no solid reason. But I am very sure she is behind it since she found out that I have started a family with another lady. Then the court then order that my child and I should go to cafcass for assessment but again mother said to cafcass that she doesn't want to see me. And cafcass had a meeting with my child which she said to cafcass that she does not want to see me but with no good reason. So cafcass decided to advise the court to send us to contact centre for assessment and that the court should discharge sending us back to cafcass. When we get to court the Mother continue saying my daughter don't want to see me and that she's anxious because of this. I argued my case and tell the judge the benefits of having both parents in my daughter's life. Then the judge then decided that he wants to see my 9 years old daughter and her mother and I should prepare a question for the child on the day and he will decide whether to give me direct contact or indirect contact till she become 16. I am worry as this seems unfair because I know how clever my daughter is and she is already has divided loyalty which will not be favourable to me. Please I need advice.
SeparatedDads Editor 02/07/2015 at 12:44 pm
@St - I am sorry to hear this. I have also included a link to our partner article: When Your Ex-Partner Denies You Access, here, you can go through the procedures laid out in the article in order to regain access. If you wish to apply for residency, given that your child has previously lived with you, please see the link :Applying for Custody: Court Procedure here. I hope this helps.
St 29/06/2015 at 4:51 pm
Hi my partner and me are separated and have a 4 year old son, my son has lived mainly with me and my parents since birth as my partner went straight back to college 3-5days a week. She has now taken my son and is now refusing me or my parents access to see him, what can I do?
David 21/06/2015 at 11:18 pm
abbreviated story as follows...

Was married 10 years with 2 little ones, aged 9 and 4. She was given residental parent to both after divorce a few months ago. She didnt get on with 9 year old (ADHD) and kicked him out to me and new partner twice.
He wanted to live with me and new partner (who wasnt involved in divorce as we met after initial split) so she relented and gave him permission to live with us.
We have fought to get him into a new school in our area as I now live 25 miles away from her. She fought to keep him in his original school in mid Kent as it has an 'exemplary' Ofsted status, but I run my own business and cannot spend 3 hours and 100 miles every day in a car and still pay the bills, taking him to a school that just wants to keep him drugged up as it is convenient for them because they dont have resources.
I found perfect school for him that can handle his 'condition' and has significant extra central government funding for this.
I used trump card of he doesnt live in catchment area for current school, so had the law behind me. She went to new school with new partner to decide and was very impressed with the resources available. She agreed to finally let my oldest boy be happy with us and have the space away from her that he needs.
My partner is Czech and has very traditional values that we both adore...she could walk away from us at anytime, but she refuses as she knows we all need each other as much as we do and we all love each other equally.

We are now happy and want to move on, BUT the biggest problem is now the smallest one.

Ex now rings me 3-5 times a day and texts constantly demanding that little one has contact etc..which I do. She accuses me of torment and neglect on his half.
I have him religiously every 2 weeks, sometimes every week. Mostly from Friday night to Sunday night and sometimes Saturday night to Sunday night, depending if I'm on rota to work Saturday mornings.

She is always very very late, or very early with drop off from arranged times.

3 times since Christmas, she has agreed by text and verbal for her to drop little one to me for weekend visits. I have kept to the bargain, but she has turned phone off and isnt there at the agreed drop off time and we have him until monday morning when she returns after new boyfriend adventures.

What can I do to stop contact only with her? I have tried and paid for very expensive mediation meetings about it, but she just tries to keep airing dirty laundry from the divorce which is completely out of context and unnecessary

Her abuse with voicemail and texts etc has led me tonight to somewhere I didnt want to go, but she is now on the block list on my mobile

I want to see him, but all I can find is contact points where you meet child and stay at contact point (normally at church hall etc) for a couple of hours then hand them back to volunteers for hand over.

I want to have relationship with the little one and love him dearly, but cannot a
cheftinky 18/06/2015 at 8:05 pm
hi need some help plz my kids live with my ex partner they are on section 17 order through social services due to child neglect her ex partner has she has a suspended sentence for assaulting her she has gone back into the relation ship with him I feel my kids are in danger do I grounds for a residencey order or a non molestation order?
John 15/06/2015 at 10:45 pm
My ex wife refuses to give me my 15 year old daughter mobile number. My ex wife also refuses to give me the details of her councillor. Is there someone I can explain the situation to. She signed a piece of paper giving me free access but has told me never to come to her house. It's been nearly two years now and I need to see my daughter.
kev54321 11/06/2015 at 9:16 pm
I need some advice, my ex wife keeps stopping contact with my two children and using them as weapons. I'm now going to court to get a contact order. I haven't seen my children for over 2 months. My youngest has their birthday soon and I'm desperate to see them for just a few hours but I'm not sure if this would effect my court order being granted. I haven't asked to see them yet as need advice first.
SeparatedDads Editor 09/06/2015 at 10:18 am
@shaba - you would really have to take this back to court or at least to mediation in order to get the agreement changed, if his ex wont agree to these changes.
shaba 06/06/2015 at 12:53 pm
advice please ! My partner has spent months and lots of money on solicitors and court to be able to see his son . The court judge has stated that he has to have his son AND his sister ( who isn't my partners child ) from after school on a Friday till tea time on Sunday evening . It's fantastic that my pattner can see his son again , but do we have to look after someone else's child because he had lived with her for a few years of her life ...she knows he's not her dad and she lives with her mother ( partners x) and her partner . The time we have them isn't good , as my partner is a lorry driver ..gets up at 02,30 fri morn to be able to collect the and bring them back ( it's a four hr round trip ) then after getting back from taking them home Sunday ( @ 19.00hrs ) doesn't leave us any time to get ourselves together for the week ! I when he has seen his son previously , he used to take him back after breakfast in a Sunday morning . Can I have some advice as if there is anything we can do regarding the timing of having contact ( and if it was my partners x that has obviously decided the times ) and if there is anything we can regarding having to look after my partners sons sister , without jeopardizing contact with his son . Hope someone can help . Many thanks
SeparatedDads Editor 05/06/2015 at 9:54 am
@Crawley - It sounds like in this case you might both benefit from some mediation if you can't agree. Please see, Mediation: What is it and is it For Me? whichThere is no right and wrong answer here. However, most fathers we have on this site would be incredibly pleased to be able to have their child/children for a full weekend, it is what most of them are fighting for. Plus if you lived together, it goes without saying that you would have your child at weekends. What your ex says sounds very fair and rational, however if you think that added responsibility for your child is too much, then something like mediation may be a negotiable middle-ground in order to get your problem sorted, rather than taking it to court. If you can't agree through mediation, then an application through the courts would be the next logical step. I hope this helps.
Crawley 05/06/2015 at 8:41 am
Hi,

My little boy is 4 and I split with his mum when he was 3 week old. He lives with his mum and at present I am having him overnight one night a weekend (3 weeks out of 4 and for tea Friday of the 4th weekend.) We have both been flexible in our arrangements and up to now it's worked quite well. She has recently informed me that she wishes to change our agreement to all weekend every other weekend to allow her to plan activities for the full weekend either with our son or without our son. A change from 3 nights per fortnight to 6.

I am happy to do one full weekend per month but not two as I don't think it's fair.
I have told her that I am enititled have my child one night overnight per week and would like this to be through the week. She has said no to overnight visits through the weekterm time as our son will be starting school (she is a teacher and thinks that he should be at home on a school night) but has offered tea time visit on a friday night where he can stay up a little later. I work full time and could pick my son up at 5.30pm take him home and put him to bed for 7pm and take him to school the next morning. My ex works part time and I work full time. I also live with my parents whilst she has her own home.

I am prepared to take this court for overnight access one night per week and one night per weekend. Is it worth doing this?
Lucky81 03/06/2015 at 11:52 am
Hi there Wanted some advice for my partner. He has a 12 year old daughter from a previous relationship. He has now not seen her for almost 4 years, it's absolutely devastating. To keep it short their relationship was deteriorating and at the end, one day he woke up to find she had gone with his daughter and her other daughter who he had raised as well for 8 years, from London to the north of England. Over the next couple of months he tried to get access and had no luck. She decided to turn round and say she wasn't his! This was clearly out of spite and there isn't a doubt that it could be possible. He obviously suggested a DNA to quash the nonsense, but she failed to turn up twice. The problem is, when she was born, my partner was working in Germany, he was only 20 at the time and very niave, he wasn't back in the country til she was 5 weeks old and her mother registered her birth without him in her birth certificate. This seems to be the stumbling block now. He went on a downward spiral for 18 months and almost has resigned to not seeing her until she is old enough to make her own decisions. I know he thinks of her everyday and just wants to be back with his little girl. Can anyone help with any advice on this situation. We know where they are living, or at least the town. Just not sure how to approach this, as he doesn't have his name on the birth certificate. Any help would be really appreciated.
SeparatedDads Editor 02/06/2015 at 12:30 pm
@Samm - I am sorry to hear this. Please see; When Your Ex-Partner Denies You Access, whichYou would have to take it to court if she is denying you access and will not negotiate. If legal fees might be a problem you can self-litigate, as an alternative, Our Separated Dads Facebook page may also be of help and comfort too, as you are not alone. There are many dads going through exactly the same issues. I hope you manage to get to see your son soon.
SammSharpe 29/05/2015 at 4:57 pm
hi, my partner and I have split recently and now she's saying I can't see my 9week old son. I am currently suffering from depression and anxiety which has been brought on by all the arguments that have happened since my little boy was born. However I am making steps through the right channels to help me manage my emotional state. What rights do I have to see my son and how do I start proceedings to see him. He's my first child and it is so hard being away with him.
SeparatedDads Editor 01/06/2015 at 1:57 pm
@Jeff - the first thing to do is to separate child maintenance and access as the two are not related. I can't help you with your maintenance issues as they will have to be sorted out with your ex or via the CMS. However, the information is right, it is better not to give her cash even if you have a family-based arrangement, as with cash you can never prove that she is receiving the money. As a separate issue if she refuses to you let you see him, you would have to apply through the courts for a contact order to see your child. Please see When Your Ex-Partner Denies You Accesshere. I hope this helps.
Jeff 28/05/2015 at 10:51 am
hi I have a 4 year old son and I've had a dispute with his mam about child maintenance. I was told not to give her cash and for her to make a claim through the CMS. now she said I have to make the claim even thou I am a paying parent and I was told I could spend the 1 month child maintenance on my son which I did. now she has said I'm not going to see him even thou I'm the name on my son birth certificate. does she have the right to do this as it is getting me down knowing I won't see my little boy
oakley 15/05/2015 at 2:45 pm
My son has a 19 month old son who lives with his mother, on the isle of Wight, we live on the mainland. She is very controlling about contact and is now saying he can only see his son if he sees him at her mothers house and he's not allowed to bring him to his home. She's allowing access one week, then nothing, then constant threats about withdrawing access totally. She says she will change his surname too, my son is registered on his birth certificate, but they were unmarried. Any advice please, as this is breaking our hearts. My son is a good father and has a lovely,loving relationship with his son.
chris 04/05/2015 at 8:21 pm
Thanks any idea how I go about this which form I jeed I've done everything and more to please her have great bond with my dhghter but because I won't give her extra cash on top csa she refusing fter the contact centre that I can see her any more than 2 hours a fortnight
SeparatedDads Editor 27/04/2015 at 2:52 pm
@chris - ideally you'll need to take this back to court in order to get an extension to the contact order, while at the same time requesting more access.
chris 24/04/2015 at 9:25 pm
Hi took ex to court got access 6 months contact centre nearing end and ex says she won't let me see daughter for more than the 2 hours every fortnight I've had at centre I want once a week all day how do I get this enforced
SeparatedDads Editor 23/04/2015 at 2:34 pm
@Js_78 - if you decide to take this to court if your ex continues to deny you access, it will more than likely go to mediation first. Your daughter being of an age where she can express an opinion, may be consulted and her wishes which will be taken down by the mediator and presented to the court. The court will always act in what it feels is in the best interest of your child, and that ruling won't necessarily always fall in line with the child's wishes. However, it seems that your situation is unsustainable and that you really need some concrete access arrangements in place, of a nature that if your ex revokes them, she will be in breach. I hope this helps.
Js_78 22/04/2015 at 12:58 pm
Hi
I've had a very good relationship with my 13 year old daughter and an amicable one with her mother since our child was born. I have her every other weekend at minimum. Never missed a weekend and never missed a child support payment in 13 years.
Now my ex has met another guy who has messed with the mothers head to the point that it's now become obvious that he's controling her and they want me out of the picture.
Apparently I'm too soft on my daughter and don't punish her enough. Anyway, communication has broken down and now they are threatening to stop me seeing her.
I want some kind of legal document to take away their threat and for my own peace of mind that I can continue to see her regardless of what they say. My daughter has expressed her upset at all this and that she of course wants to keep seeing me. It's causeing such stress for the poor girl. They have taken her phone off her so I have to call the mother to speak to her and she keeps it on loud speaker to moniter how nice I'm being. It's crazy.
I think in time my daughter will choose to come and live with me. But I can't push her into that. I would love her to live with me although this would mean her moving schools and area.
But one step at a time. I can't be threatened with no contact because I don't agree with all the harsh punishments she's now subjected to for very minor so called offences.
Being 13 how much of a say will she have? I don't want this to cause her more stress. Any advice would be greatly appreciated.
Thanks for reading
SeparatedDads Editor 15/04/2015 at 2:29 pm
@tazzyb - she may be able to get a Specific Issue Order through the courts. Much like the name suggests, they are orders sought from the family court to determine a particular matter in connection with the exercise of Parental Responsibility. These orders can cover a wide range of issues that you and your ex-partner cannot agree on, which includes preventing someone from having contact with your child. If she provides a good enough reason the court may or may not grant in her favour. I hope this helps.
tazzyb 13/04/2015 at 11:53 am
Hi, my ex-partner has stopped me seeing my daughter and saying, I need to take her to court due to my current girlfriend being in contact with my daughter. This has come about since me and my current girlfriend had a domestic a while ago, no arguments have ever occurred whilst my daughter was in my care. the argument was a while ago and my ex still let me have my daughter every weekend and overnight knowing that my new girlfriend was there as she lives with me, however my girlfriend more recently called my ex on a social network and since then my ex has said keep my girlfriend away from my daughter or I’ll go court, the other weekend me my daughter and girlfriend was at a family members house and with my ex finding this out she has stopped my contact with my daughter, I’ve had my little girl from being about 3 month old every weekend and she is now nearly 3 years of age,
can she or will she have any grounds to stop me seeing or even stopping my girlfriend from being around my daughter as she is claiming that she thinks we have argued in front of my daughter which is not true and trying to say she thinks my daughter is unsafe around my girlfriend which again is untrue as my ex has let me have my daughter since after the domestic and my girlfriend is amazing with my daughter.
Kind regards
SeparatedDads Editor 15/04/2015 at 12:27 pm
@Jules - no, the court wouldn't allow him to have him alone initially, especially if he has had little previous contact and is not on the birth certificate. You could specify in the Cafcass report that you wanted supervised access. However, in the first instance, as your ex is not the registered father, he would have to apply for Parental Responsibility. He could also apply for a contact order. You could specify you wanted to go through mediation first, which would mean you could try to agree a level of contact between yourselves, as it is less costly. If you can't agree, then it would go to court for the court to decide what level of contact he should be given. I hope this helps.
Jules 12/04/2015 at 8:32 pm
My son is 8 months old and when I was pregnant I thought it was to one person he was there all the way through the pregnancy and at the birth, my ex pestered my for a DNA test it turnt out the baby was his that was in December I have never stopped him seeing his son I have tried everything to get him to be a dad and to see him but why I am there for a while as my son does not know him and he does not know what he is doin as a dad and I wanted him to learn then he could have the baby alone once the baby was use to him and I had shown him how to be a dad but he just never bothers now he is telling me he's going to court because he wants the baby alone, I don't feel comfortable with him having my son alone yet he dunt know what he is doin my son screams blue murder even if I just walk out of the room where he can't see me, my son does not know who he is, he does not provide for him, he's been done for drunk driving twice, he drinks everyday, he has a nasty dog, I do not know anyone in he's family. He's not even on the birth certificate because he will not even take time to do it, he doesn't even know my sons date of birth!! Would court just allow automatic time alone to take him out just because he is his dad?
SeparatedDads Editor 08/04/2015 at 9:51 am
@Gabe - I am sorry to hear this, it must be a very emotional time for you. Have you applied for an emergency interim contact order yourself? You say it is going to court, is your ex taking it to court, or are you? You may be interested in the article; When Your Ex-Partner Denies You Access, link here which will tell you how to apply for an emergency contact order. You have two choices here you can be a passive recipient of your ex's demands and wishes, or you can take control of the situation. You don't have to do it in an aggressive way, you can be friendly about it, but just say that you want contact with your child and would like that to be sooner rather than later. You may also find our Separated Dads Facebook page useful, as many fathers are going through the same or similar issues. Reading back through some of the posts and replies that might be applicable to you may help you make an informed decision regarding your own way forward. I hope this helps.
Gabe 04/04/2015 at 2:49 pm
It's been a week since my girlfriend left. Since she left I haven't seen the baby. Her excuse is that I kept both her and the baby's clothes so that's one of the reasons she won't let me see her. During the begging of week she changed her phone number and I had to communicate with her mother to get information about the baby but that just led to her mom asking me other things. I finally have been able to communicate through email about with my exgirlfriend and ask about the baby. But since we couldn't come to an agreement for weekdays we have agreed to go to court. I still haven't seen her and she said I would have to wait for the court to decide. What can I do to have contact with her for the time being? Also when we lived together I would watch her every single day of the week it's only now that she left that she said only two days out of the week and would like her to be returned when's she's off work. She had sent me an email about 50/50. But ounce I set a scheduled she said that's not what she has in mind.
SeparatedDads Editor 02/04/2015 at 11:50 am
@jungle - if she does this you need to take it back to court in order to get the contact order enforced, as she is breaching it. The more she is allowed to get away with this, the more she wil try. You may also find our Separated Dads Facebook page useful and supportive. I hope this helps.
jungle 31/03/2015 at 2:31 pm
My ex partner has breached the contact order many times by not letting me see my son which the court order for me to do. She plans for days out with him or her social life on the day I meant to see him instead of planning her social life around my day which she has 6 days with him. previous in the past she had done this on more than one occasion and the court turn a blind eye to it even though there has been proof of documents that she doing that. She don't want me to bond with my son which am worried that when the appointment with the cafcass comes up that her influence on our son doesn't want to know me. I don't know what to do or steps to take.
Jan Editor 13/03/2015 at 12:44 pm
@tasha - it is unlikely he will get a residence order through the courts if he has not seen your child for two years. The court would only consider giving him this if is was in your child's best interests, but if he has had his children removed from him before, then I don't think you need to worry. If you have been bringing your child up in the right environment and with the right care, then you'll be ok.
tasha 12/03/2015 at 8:02 am
My ex as been in contacted with me wanting to see my chold but he has had no contacted or seen my child for nearly two years now he want joined custody over her but ive also found out that he losted two of his other children with socil in court not seen other two children for 18mouths am just woundering if i take him to court would the court give him the right as he not been involed now wants walk back into my childs life just like that .
SeparatedDads Editor 10/02/2015 at 12:45 pm
@trace - it's impossible to say as you give no indication of the circumstances behind his decision and the reasons why he is taking it to court for a residence order. The most important aspect of any court proceeding relating to the care and wellbeing of your children is what is best for them. However, before it gets to court it is likely you may be asked to undergo a period of mediation to try and sort it out between yourselves before pursuing the matter through the courts. I hope this helps.
trace 09/02/2015 at 6:57 pm
i have custody since 2005 the father has contact every other weekend and half holidays he is now taking me back to court to try for custody what are his chances?
Ads 28/01/2015 at 9:16 pm
I had my day in court today regarding contact order.I am representing myself as i have no solicitor.Another hearing is set for march.I didn't know that i could actually ask for interim before the hearing.Is it too late or I can still write to courts and seek interim?Please advice.
Arrin 16/01/2015 at 9:51 am
Can anyone help my x had our baby in April an she wouldn't let me be in her life an I've done nothing but try be nice to be on my daughters life even tho her mum hates me but now I've hit. A wal she is sayin she has a family now with her new partner an I am not lettin any other person bring my child up its not right she's my daughter not his. Her mother has not put me on North certificate or even involved me in my baby life once i v only seen my baby via photos an it's killing me I want to know what I can do to be in my daughters life
L37 16/12/2014 at 12:08 am
Hi, my ex boyfriend has never really had much to do with 'our' daughter. She's almost 10 months and he has never fed her or changed her bum, he doesn't know much about her like how many teeth she's got or what she can do/say. He's never really bothered. He's never asked me is she ok or anything like that. Since we split he's made no effort to see her or anything, I take her to his once a fortnight so his family can see her and he makes no effort then, just sits there looking around and messing on his phone. He pays nothing towards her and never has, he doesn't offer me anything for her. But his mum is always mithering him to make an effort and see her, so he finally said we'll make proper arrangements. I don't think he deserves this at all and I was just looking for some advice on what he is likely to get if this goes to court. Because his mum is likely to push it to that. I've always said I'll take the baby there to see them but I wouldn't trust him alone with her. She doesn't know him. He is on the birth certificate.
Bob 13/12/2014 at 6:19 pm
Question

Hi I all, am hoping somewone can shed some light on my problem.

Split up with the ex, 2 months later findout she is pregnant.

To cut a long story short I used to see her every Sunday, and then out of the blue she moved away. 6 hrs commute one way. I have had no say in anything and only get to see her for a day every now and again. I pay maintenance to what csa state.

She is now nearly two and I have asked to have her stay for a week here and there and I have been told yet again NO.

Am starting to think the only way to see her properly is have the courts sort it out?does any one know what my right as a dad would be on this matter

Any help would be much appreciated
Debs Editor 08/12/2014 at 12:22 pm
@charlotte - Did he take you to court for access? Mad if he did and didn't show. Or if it was you who was supposed to have access, then you'd have to take it back to court. They won't be too happy though if he breached his contact order.
Charlotte 06/12/2014 at 3:36 am
The judge granted a contact straight away and The 1st contact Hour late 2nd ok. 3rd shoewed with new partner and son. 4th Waited hour and half never showed.Any 1Help ?
Anon87 20/11/2014 at 11:41 am
What happens if a court summons has been made for the mother to attend the first court hearing but they are unable to locate her or hand her the summons?
Mary Editor 22/10/2014 at 2:48 pm
@Peachy - you'd think that he would want to see his child as there are so many men that visit this site because they can't and their ex's won't give them access. I don't think you can force him tho'. Mary.
Peachy 19/10/2014 at 2:01 pm
My sons father did not show on the last due contact day even though the courts are involved. This is something he does often to try and get son kind of reaction out of me but does not understand that it's our son he is effecting. I have read through a few of the pages but it does not inform me of what action the court takes against fathers or mothers with contact orders who breach them and don't show up. Can anyOne else help? Have you been in same situation ? What happened ?
Penny Editor 22/10/2014 at 2:43 pm
@Cazzywazzy - I think it would be very difficult for him to joint parent given he lives so far away as it would be disruptive with schooling etc and he wouldn't be able to have her half of the time.
cazzywazzy 17/10/2014 at 6:13 pm
My grandaughter moved away with her mother last year. My son has contact every school holidays, driving 4-5 hours each trip to collect her and then take her back.

Can you advise me if this qualifies as joint custody? He also has her odd weekends during the year for attending family occasions.

Thank you.
Ugly 20/09/2014 at 10:48 pm
How do I apply to the court to enforce an order already in place granting me joint custody of my children,as my ex partner is refusing me access and how much will it cost me to represent myself.and at the same time address the local children's social cares failures reguarding my children's wellbeing
Robo 06/09/2014 at 5:26 pm
Hello , I am wishing to make contact with my four year old child, whom I haven't seen for 1 year. I am not in contact with his mother and am desperate to contact her to know he is well, I have no money to pay for a lawyer is there any hope of any kind of help.
moush 18/08/2014 at 3:19 pm
I was just wondering how much it costs to obtain a contact order. My daughter is currently living with her father and is under social services he is stopping me seeing her and i have been adviced to go for a contact order.
sperm doner 23/07/2014 at 12:11 am
Having looked at some of the posts, the one that sticks the most is the one above. spent 35k on trying to get contact, now 14mnths on and I get 5hrs ever 2 weeks.

The joke after 2 Cafcass reports that no safe guards are needed, Been asked for another interview with my daughter at there offices with a member of my x family present. having refused this absolutely stupid stance. im in contempt of court..........

Top it all im told that as this person is a major part of my daughters life they have more rights then me, and wont be having there contact reduced......

Basically cafcass have told me I have no rights....

got 8 times of my daughter out of the country with out my approval, name change, 3-4 failed contacts in 6 mnths. may as well ..is in the wind for the good this system is....

As I refused to sign a house over this what happens.... child used as a weapon..
Kell63 11/07/2014 at 10:27 am
My daughter is 2. We live in Wales. My daughters father is on drugs and drinks to excess. He beat me up. Hes taken me to court for visitation rights. Now he sees his daughter once a week. He has threatened to take her away from me.
I want to move to be near my family. Can I move even though the court have granted him a court order for contact.
What will happen if I just move anyway? Will I be in trouble? I feel so alone without my mum and sisters.
Any advice appreciated. :(
Jacko 06/07/2014 at 12:02 pm
Hi there, my son is now 10 years old I have separated with my partner of 8 years she has another son who is now 14 but brought him up as if he were my child wen we separated I had no rights to see him cause legally he is not my child I am not the biological father and she dose not allow his real dad any rights he has not pushed for any visitation anyways but I am very concerned as to the way I am been treated in relation to my own child who I said is now 10 we constantly argue at one point she did not allow me any contact for 8 weeks then she changed her mind and I had him every weekend now things have changed again we make arrangements for the weekend the meeting place always changes or sometimes just get ignored the morning I'm due to collect my son phone off my sons SIM card snapped ECT she is proving very difficult to deal with we have both moved on and have partners now she keeps making unrealistic demands firstly she has asked for a set amount of money each week but dose not want it through the bank oh and this is somehow to benifit me she says she wants cash but won't sign if she rings and asks for money example clothes trainers ECT I always get or buy myself but for some reson it's never enough she still keeps messing me around changing times ring up been abusive I can't make any sence of this is there something legally I can do to get proper visitation rights ?
With thanks jacko
olive 19/03/2014 at 3:33 pm
please help. my daughter has moved to be away from her manipulating ex who took her daughter from her for 2 weeks while she went to rehab for alcohol, which she has been clean of now for 7 months. he has now decided to move up the road from her surly this is a safe guarding issue. could she not do something. she has to stay in this sheltered accommodation for a couple of years. he has already sent his new girlfriend to stand outside my daughters flat, I suppose to let her know he knows where she is. what can she do.
Thumbelina 11/03/2014 at 8:51 am
Agree with "madcon" - my husband took his ex-wife back to court for repeated non-compliance with his contact order, and for hitting his daughter leaving livid bruising on her arm which we photographed only to be told by the judge - not to waste her time, the "mother" has been told not to obstruct contact anymore and will therefore comply with the judges order, that he is only to report serious injuries such as broken bones and that he is not to bring the matter back to court!!! To add salt to the wound, he's been order to go on the PIP he's already done (the ex refused). She walked out of court with a smug smile - no reprimand off her appalling behaviour and totally getting away with hitting her daughter!!

I'm totally appalled at the injustice of this supposed "fair" legal system! Even the CAFCASS OFFICER apologised to my husband and shook his head in dismay!

Might have to send the judge a copy of The Laming Enquiry so she can familiarise herself with children safeguarding recommendations!!!!
Alfie 18/11/2013 at 4:53 pm
My ex partner is taking me to court for contact for our 11 year old son. Our relationship ended when my son was 3 months old due to his violent behaviour after 2 years of us splitting I went into a refuge for woman and children as he stalk me and still abused me , at this point in the family courts they have refused any contact for him , as carcass done a police check on him. He has many abh gbh and rape and lots of abuse to woman also he has been to prison for this.and he also when to prison for being a drug Barron , caffcas has sent me a letter section 7 requesting to talk to my son to see his wishes. Can I refuse this ? I really don't want my son to have to go through this I don't want him to feel he has done anything wrong , thanks
Grateful Dad 09/10/2013 at 11:00 am
Thank you everso much for your site. You provide perfect info in an easy to read style. 100%. Will be back as I progress. Great work people, great work.
ste25981 10/04/2013 at 8:18 pm
My ex is refusing to let us see my daughter. My name isn't on birth cert and I'd like to know how much it costs to see a judge regarding getting my name on her birth cert.
debz 07/04/2013 at 6:08 pm
I am struggling to understand the procedure my childrens grandparents have a contact order on my children but keep saying contacts missed which is very unfair as it's only missed for genuine reasons and we've done everything to accommodate them its us that have to travel to them and we also have to finance that.cafcass has carried out a section two report as they keep making nasty allegations.cafcass will attend the next hearing Im just wondering what will happen as I love my children and am really worried!
missin ma bubbs 31/03/2013 at 4:44 am
I really hope someone can advise me and possibly give me a bit of hope.My daughter is 3.5 years old, I left work when she was 7.5 months to care for her whilst her mother returned to university, and her mother cheated on me with my friend, and as she is now very nearly finished university, she left me and took my baby away, she has been really horrible. Told me I was a convenience for her to finish uni. I raised my daughter extremely well, and she was always a pappys girl.her mum never had time for her as her studies came first, whereas I gave my little one my undivided attention, and home schooled her. Even at the young age she loved books and numbers so I done all to encourage that!.At 26 months, she could say the whole alphabet, count to 30, 10-1 and count to 10 in Spanish and French, I gave her the best little life I knew possible, especially at her vulnerable years, without her her coming to any harm whatsoever. Her mother though since she left has moved her into a very bad area and into her brothers house, who held a knife to his own sisters throat for money for drugs. he seems (very) mentally unstable. She also contantly leaves her at her aunts house who is suffering from what we thought was throat cancer, as she is afraid to go to the GP.as her sister (my ex's mother) died of cancer , she also cares for her multiple heart attack husband and schizophrenic son, who refuses to take his meds. As I said about how nasty my childs mother has become, she has told the biggest pile of lies about me in order to get a non molestation order on me so that I can't contact her to speak to my daughter. it's been over 2months since I've even got to say hello to my wee one, or tell her I love her. I have already been to the courts twice to try to defend against the non mol order.and to try get contact with my little girl.but she has now claimed I have mental health issues, which couldn't be further from the truth. I have also noticed since we split up b/c her new fella (who when he was younger had to go to anger management courses and suffered depression) has no responsibilities, she is trying to act like he does almost, she has been excessively drinking and taking amphetamines. I am severely concerned for my daughter and her safety and I also worry she is trying to draft me out and the new guy in. I know there's a bit of a waiting process but the courts/solicitors just don't seem to be doing anything.or fast enough. She has no other family, and had a pretty horrific upbringing, but my family are all loving and caring people, all have been professional people or business owners, and our close knit family and love has always been paramount. what my ex does with her own life now, I couldn't care less, but as a really concerned and loving devoted father my little girl is my world!.any advice or information to help me, or rest my mind would be great, many thanks x
missin ma bubbs 31/03/2013 at 4:24 am
I really hope someone can advise me and possibly give me a bit of hope...My daughter is 3.5 years old, I left work when she was 7.5 months to care for her whilst her mother returned to university, and her mother cheated on me with my friend, and as she is now very nearly finished university, she left me and took my baby away, she has been really horrible. Told me I was a convenience for her to finish uni. I raised my daughter extremely well, and she was always a pappys girl...her mum never had time for her as her studies came first, whereas I gave my little one my undivided attention, and home schooled her. Even at the young age she loved books and numbers so I done all to encourage that!...At 26 months, she could say the whole alphabet, count to 30, 10-1 and count to 10 in Spanish and French, I gave her the best little life I knew possible, especially at her vulnerable years, without her her coming to any harm whatsoever. Her mother though since she left has moved her into a very bad area and into her brothers house, who held a knife to his own sisters throat for money for drugs... he seems (very) mentally unstable. She also contantly leaves her at her aunts house who is suffering from what we thought was throat cancer, as she is afraid to go to the GP...as her sister (my ex's mother) died of cancer , she also cares for her multiple heart attack husband and schizophrenic son, who refuses to take his meds... As I said about how nasty my childs mother has become, she has told the biggest pile of lies about me in order to get a non molestation order on me so that I can't contact her to speak to my daughter.... it's been over 2months since I've even got to say hello to my wee one, or tell her I love her. I have already been to the courts twice to try to defend against the non mol order...and to try get contact with my little girl...but she has now claimed I have mental health issues, which couldn't be further from the truth... I have also noticed since we split up b/c her new fella (who when he was younger had to go to anger management courses and suffered depression) has no responsibilities, she is trying to act like he does almost, she has been excessively drinking and taking amphetamines.... I am severely concerned for my daughter and her safety and I also worry she is trying to draft me out and the new guy in. I know there's a bit of a waiting process but the courts/solicitors just don't seem to be doing anything. ..or fast enough. She has no other family, and had a pretty horrific upbringing, but my family are all loving and caring people, all have been professional people or business owners, and our close knit family and love has always been paramount... what my ex does with her own life now, I couldn't care less, but as a really concerned and loving devoted father my little girl is my world!..any advice or information to help me, or rest my mind would be great, many thanks x
julsar 25/03/2013 at 12:07 am
Hello, I wonder whether you could give me some information on what to do next. I am the mother of my 10 year old daughter who has a contact order with a warning notice attached. I went to Court last year for an Enforcement Order as my ex was not complying with the Contact Order. Originally, I had 3 days with overnight stays with my daughter and when I went for an Enforcement Order, my ex got the courts to stop "overnight" contact. I did have drink issues and my ex has had full custody for over 4 years now. Again, he has denied me access to my daughter and have only seen her for 1 hour within the last 3 weeks! This is really killing me and he uses my daughter as a pawn, she is petrified of her father and will do anything he asks. He told me when I left him that he would make my life a living hell and he has done it for the last 5 years. I suffered from ovarian cancer when my daughter was born and went through some radical treatment, it was very hard and also suffered from depression. Since last year, I have had to care for my brother who is seriously ill with cancer and my sister also has breast cancer. It has been a very stressful time. I myself a couple of weeks ago was diagnosed with "aggressive" breast cancer and it is killing me inside not having a relationship with my daughter. I know she loves me dearly and would do anything for her. I am so worried about my daughters welfare, because I know how controlling her father can be. Please help, as I just don't know what to do. I phone her every night without fail and sometimes I have to leave up to 4 messages before my daughter phones me back and sometimes I wait all night and no calls. She is being so manipulated by her father and he is trying to "poison" in mind against me. He is a very, very cruel and bitter person. I cried all day on Mothers Day, she is my only child. How can a person get away with this? Could you please give me some information on where I can turn to next? Thank you
hells 22/03/2013 at 9:48 pm
when a child doesnt see his parent for 4 yrs and is only 6 with serve behavioral problems learning difficulties and you try and expalin who the mum is and they not interested but calls you mum how do you say to the parent no contact till 16 and you havent tried for contact through court cause you been in prison then what whoa you the bad guy yet you are doing the best for this child and give them the love they havent had yet you get took to court nop leagl aid expect to pay upto £3000 is it all worth applying to keep the child with in the family rather than have that child adopted
kidz 19/03/2013 at 10:39 pm
I feel sorry for any man who truly wants to see his kids on a regular basis and any woman who denies him out of spite should be ashamed of themselves but there are some like my ex who says he wants ti see my daughter but he thinks he can pick and choose.he has not seen her for nearly 3 weeks now and dint think it's fair that I have to constantly build there relationship up.he has already lost one sin in past now I no reason why.so some men moan they can't see kids but what it really is they dont show enough dedication to follow through with regular contact and think when they feel like it is enough so men stop moaning and think what your doing
May 12/03/2013 at 12:35 am
I have a 8 week old baby. The father lives in France, I live in the uk, we were never married. He is not named on the birth certificate. I left the father when I was 20 weeks into the pregnancy after I discovered he had been cheating on me. Since the birth he has contacted me to say he wants to take me to court for contact with my baby and peruse his 'rights'. What rights does he have? Can he force me to add his name to the birth certificate. What form of access could be demanded? His parents also want access to my baby, do they have any rights? My ex and his family have not met my baby and therefore they have not built a relationship. Many thanks!
MG 16/10/2012 at 6:56 pm
Question: I live abroad but my 3-yr old daughter lives in England with her mum. My ex and I sepperated when she whas pregnant of our daughter. My name is not on the birthcertificate ore nothing. In 3 years I have only seen my daughter 3 times because the contact between me and my ex is horrible. Recently ive got a letter from the CSA true work that I had to pay for my daughter (wich I'm willing to) I contacted my ex thrue facebook n we sorted an agreement out ourselfs. I need to know if I have any visitingrites now I am paying for her as I would love to see her on a frequent basis. My ex doesnt get back to me every time I ask if I can come visit my daughter. Does anyone now what my rites r? thanks
J2S 16/10/2012 at 11:52 am
Not sure if this is the right place, but my ex has said my sister said I smacked my daughter leaving a mark once, this was in her statement to the court. I have never done this and my sister has said she has never said that. Can I get her to make a statement to the court and how do I do this?Thanks
EQUALITY 21/08/2012 at 1:01 am
UNTILL WE START STICKING TOGETHER AND I MEAN STICKING TOGETHER, WE HAVE TO MAKE A REAL DIFFERENCE, BUT LEGALLY. PROTEST ,DISRUPT , HAVE A SIT IN OUTSIDE OUTSIDE CHILDRENS MINISTERS HOME, ANYTHING.THERE ARE THOUSANDS AND THOUSANDS OF FATHERS OUT THERE ALL IN THE SAME BOAT.WE HAVE GOT TO COME TOGETHER. THE SYSTEM HAS FAILED A GENERATION OF OUR CHILDREN AND BROKEN MILLIONS OF HEARTS.
Stumm148 17/08/2012 at 3:20 pm
Well my pre lim hearing is on August 29th.My wife going without representation and the basis of denying overnight stays is that I am a danger to my children.
I have no criminal record,rarely drink alcohol and never do drugs.
I'm expecting her to come out with all sorts of "evidence" which I will have to try and defend myself against non existant "charges".
Dreading it all.
madcon 26/07/2012 at 9:21 am
I have been through the court proceeding for contact and have to agree that the orders are not worth the paper they are written on. On too many occassions now I have been refused contact with my children, as their mother seems fit to do so by whatever means she can.The Norwich Combined Court does nothing for their money after the order is written,,,only suggesting to go back to court and pay another £200 for the privilege.As a father living in the UK there is nothing we can do unless rulings are overturned allowing us to have the same rights as so called mothers.
Gav 12/06/2012 at 9:43 am
Can work stop me having four hours off once every four weeks to see my daughter ? I've been having half a day for five years but work have cut staff and now tell me I can't have the time off when I want it ?
RyansDad 22/05/2012 at 11:15 pm
I have my first court appearance for a contact order on Monday. I have served papers and anticipate that despite admitting to my mum she has received them, my ex will not attend.Can anyone tell me what is likely to happen? I am in Lancashire.
Barry 08/02/2012 at 4:30 pm
It would be really useful to see a clear step by step guide to applying for a contact order. Which forms do you fill in? How much does it cost? Do I need a MIAM? Do I need an FM1 form? Is a solicitor really worth the expense? How long does it take?
harrylou06 08/02/2012 at 2:22 pm
I have had all contact stopped with my children i cant even talk them by telephone. My eldest son wants nothing to do with me anymore but cannot explain to me why he feels this way. However his mother manipulates and tells him what to say by promising him money and toys as way of bribes. He is 9 years old and can make his owhn decisions but my 6 yr old son harry copies what his brother does, but my 3 year old daughgter freya is not old enough. I love them and care for their needs when they are with me and all 3 children are treated the same despite ethan being mny adopted son. whatever he decides i would never force him to see me and i will make this clear to the courts.
onlylexus 07/02/2012 at 11:42 pm
Your article dealing with contact orders may give the information on how to apply for contact with your children, however, what it fails to deal with is the actual reality of thier application. It is the truth that a judge can make as may contact orders as he likes, but they very rarely enforce them when mum refuses to allow the contact to go ahead. Contact orders are not worth the paper they are written on! Ken Clarke was recently interviewed on the world at 1 on radio 4, he was told of an actual case where a good father had spent a fortune on trying to get his contact orders enforced. This father attended hearing after endless hearing presided over by the same judge who made the contact orders. Eventually this judge decided to ignore the contact orders entirely and made a final order that the father was not to see his child at all. You may ask what reasons did the judge give for such a heartless decision, I will tell you why. The Judge said that it was not in the childs interests to be "shunted about" (as he put it) from home to home and that it would unsettle the mother to much, and also if the child witnessed the mother being up set, then that was not in the childs interests emotionally. We all know the old chestnut used at courts and by the judges "The welfare and interests of the child are paramount"(er yes!) in reality this means that if mum is upset that contact takes place she can claim the chestnut as her own and use it broadly, but unfairly, and then claim the principle as though it was on behalf of the child. Once the mother is given residency of the child she will claim that to allow contact will unsettle the childs home life to much, and you know what, most judges go along with them! Now to deal with the issue of Cafcass, that you mention as "experinced" (sorry I laughed when I read that). My experience with them has shown that they are entirely biased in favour of the mother and 99% of them are women, this puts the father at a great disadvantage. You may think that it really doesn't matter what gender they are, but women being women it most certainly does! To make the father go away and to tire him out they will manufacture evidence on a grand scale to suggest that father should be made to jump through as many hoops as they can put before him. When the father becomes understandebly angry (after many years of this) they can then suggest that he is a violent man and has a personality disorder. They will then tell the judge that contact needs to be supervised and that dad needs to pay £75 for 2 hours per month. All conversation with the child will be recorded and anything that can be misapplied by the cafcass officer, as negative, will be altered to mean something else entirely. After being told that he has no right to know of his childs education or any medical records, he eventually realises that his role as father is not really needed anymore and he was just really a sperm doner. He will then be told that he can only write to his

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