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Lovelorn_Angel
Joined: 23 Jun 2008 Posts: 11 Location: SW London, UK
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Posted: Thu Jul 24, 2008 7:03 pm Post subject: DON'T PANIC |
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Hi there,
Just wanted to say DON'T PANIC. If you have a child who has had regular contact with a father who is 'absent' from the access sessions, you are already starting with an 'advantage' (before I'm SCREAMED at by 'fathers with parental rights', I'm in no way 'against' fathers being involved, I simply believe that their 'chances' shouldn't be LIMITLESS as children are ULTIMATELY emotionally affected by people who come IN and OUT of their lives).
Having SAID that, your BEST bet is to get in touch with social services and ask for FREE mediation to be provided.
IF it has gone beyond that, DO SEEK LEGAL ADVICE and the SOONER the better.
ALL 'legal decisions' are VERY MUCH affected by the 'dates' on which applications were made, so a 'late' application to the court may look like nothing but 'retaliation' when in actuality, you're trying to keep your child safe.
The sooner you go to a solicitor, (one specialising in family law) the better. EVEN if you have to pay for a ONE OFF, you can ask for a letter to be drawn up with 'suggested' option for access (e.g. a SUPERVISED access centre run by the local authority) where a parent and child can be together SAFELY for an agreed period etc. and the staff will make note of how the child is treated, how often nappies are changed and so on.
I hope I haven't given you reason to worry, but I WOULD advise that you take the DOMINANT role and decide what is best for your child with the help of all the available 'bodies' (soc. servs. IF they're any help, mediation etc.) and if you MUST go to court in order to get an access order drawn up, you can make 'certain requests' (new girlfriends NOT to be 'babysitter' etc. for a period of time). It's a GOOD idea, when speaking either with mediation who can draw up (NON LEGALLY BINDING) agreements, to state that the father MUST spend the time with the child and certain ground rules on food etc. can be included, BUT, if you think it would be the BEST idea to stop access, then you need legal advice. You could go to court and AGREE on an access plan, but DO ask for a court order. When you're DEALING with the courts, however HARD it is (I know from experience) you must BE FIRM, be FAIR and be FLEXIBLE when it comes to 'times' and 'pick up points' for contact/access/overnight etc. DON'T forget birthdays, Christmas's etc. THESE need to be agreed if this isn't an amicable situation, however, there are some things that should be 'allowed for', eg. cars DO break down, people DO get ill, but have an agreement IF you can, whereby you're CONTACTED in advance by a few hours, so that you can prevent 'disappointment' for the child, IF you agree to let them have contact with the other parent.
If you decide that you want NO CONTACT between them, you must go to a solicitor IMMEDIATELY and present your case for prevention/termination of access. I CANNOT STATE THIS STRONGLY ENOUGH, IF YOUR CHILD IS IN DANGER, GET LEGAL ADVICE NOW!
I wish you the VERY best of luck and PLEASE DO let us know how things turn out.
GOOD LUCK, be strong and you're DOING what's BEST for your child, so as long as that remains the 'aim', you can't go wrong!
Warmest thoughts,
Angel
P.S. the ULTIMATE Q which you've asked is 'what chance do I have...?'
A solicitor will tell you that WHERE all things are 'equal' with both parents, in regard to the child, that the courts see NO REASON for removing a child from the mother, but will give the father FULL PARENTAL RIGHTS/RESPONSIBILITIES including access (I believe that the parental responsibility is now granted 'automatically to both parents' when a child is born, which to me, as a mother, seems ridiculous, but nevertheless, it IS the law!)
You will be MOST likely to keep a MINIMUM of 'parental care and control', which means 'day to day care' of your child and decisions in their life. As you WERE married, court will be a 'custody/access' hearing, despite your being divorced. I can't tell you your 'chances', only what is available and where you might like to go to 'take things further'. Hope SOME of the above information helps?! |
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jzero.zero
Joined: 10 Jul 2008 Posts: 7
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Posted: Mon Jul 28, 2008 3:36 pm Post subject: |
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I'm going trough hell with my ex .Only I'm a father...I've been divorced for 4 years now ,we have 2 daughters 5 and 7 years old. Everything was going fine despite the volatile temper of my ex.My kids love my actual wife and vice versa .All of a sudden my ex decided to start having opinions on my life ,and I had to cut her short. She got hold of my present wife and called me all names under the sun. It didn't work... Next thing she cut's all the contact with me changes phones ,and now the cherry on the top the cake ,she moved somewhere ,and left no contact at all ...
What can i do to find her? |
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Lovelorn_Angel
Joined: 23 Jun 2008 Posts: 11 Location: SW London, UK
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Posted: Tue Sep 01, 2009 6:38 pm Post subject: WHERE DID THE ORIGINAL Q GO?!!!! |
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| jzero.zero wrote: | .. Next thing she cut's all the contact with me changes phones ,and now the cherry on the top the cake ,she moved somewhere ,and left no contact at all ...
What can i do to find her? |
I'm not sure to whom I'm speaking now?! DID you write the question originally?
I was speaking to both mothers AND fathers although, I reiterate that which I 'believe' is law, that, where ALL things are 'equal', there is no reason to remove children from their mother... I am not in favour of 'bad mothers having custody'!! (but neither do I think that contributing sperm constitutes 'fatherhood'!)
You seem to be stuck in a VERY different position to the person to whom I originally responded (and who has now disappeared which makes me slightly suspicious!)
Your situation is very different and I think you'd be best served by starting a fresh post.
IF you were married and there was no violence and you have been seeing the children regularly, THEN suddenly your 'ex' wife (without a custody solution??) has 'upped and left' then you must seek legal advice IMMEDIATELY!
If you didn't have contact with your children, you may seek legal advice, but the chances are that they will only be able to assist if there is an access order, or a 'joint custody' order in place, which clearly states that you have retained parental rights following the divorce.
As to your ex wife making personal comments, without knowing WHAT was said, one cannot really comment! If she is openly speaking derogatively about you (which, if she has disappeared, I don't quite know how you WOULD know) then you are entitled to request that she does not do so in front of the children, just as I would suggest that you don't use expressions, nor have the belief that you, because you are 'disgruntled', have the right to 'cut her short'! (did you hang up the telephone or 'physically prevent her from speaking?!)
She IS entitled to an opinion on the way you behave when you are around your (joint...hers and your) kids! She is entitled to know a little about your new wife, and she is entitled to express her opinion, but, as ANYONE who has ever been involved in any 'family separation' will tell you, the LESS the children hear their parents 'denegrate' one another, the better and ultimately, the children will be 'damaged' if they are dragged from pillar to post.
The BEST way to communicate is in writing and since you have NO 'access' to her, I suggest that you contact your solicitor and inform them that you would like them to contact HER solicitor and (if you are entitled to know where she has gone, and ONLY if) they will give you that information, or contact her on your behalf and make arrangements for you to see your children at an 'access centre' where access to your children will either be IN the building (if a court has ordered supervised access) or you will be allowed to take your children our for some time and return them to the centre, then leave, before your ex-wife returns to collect them.
I hope that SOME of the information contained within has helped and I apologise for my lack of coherence, but I have technical difficulties (problems with my computer) at the moment, so I cannot always see what I have written (hence repeating myself!)
Good luck, I hope that you are a loving father and will continue to remain so, whether it takes a week, or ten years to sort this. Your children and you didn't get 'divorced'...your wife did! (forgive me if you simply want to know 'how do I find her', but it's not always that simple!)
Angel |
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