Hi
Hoping some family lawyers can help me! I'm a solicitor but in a completely different area of law and have never done any family. However I've been roped in to help a friend who is representing herself in messy situation with her STBEXH. She is fully aware that I'm no expert in family law and I'm not formally representing her, but I'm just going with her for moral support and generally just to assist with some understanding of legal process and court rooms etc.
Anyway, we made an ex parte application for a non-molestation order a couple of weeks ago which was successful. My DF has a 14 month old DS who her DH has not seen for months. They did have an access arrangement in place through a formal separation agreement. However, he did not stick to it and in the end she told him that if he wasn't going to honour what was agreed then he would have to arrange contact through the courts. This was picked up by the judge who dealt with the non-molestation order application so she said that she would ensure that the access arrangements got picked up too. My understanding of the hearing tomorrow is that it is a return hearing in relation to the non-molestation order, to give the STBEXH an opportunity to make representations as to why it shouldn't be granted, but also a directions hearing to move things towards determining the access issue.
Really my question is what to expect and whether there is anything we could/should be doing at this stage? I've already told my DF to start thinking about what kind of access arrangement she would be able to live with and how to put that across in terms of having her DS's interests at heart as opposed to just trying to get back at her ex (which isn't the case - she wants her DS to have a relationship with his dad, just doesn't want him to constantly let him down). Because of her ex's temper, she would prefer him to have supported access with his mother present with him when he has his son but not sure if that's something that can be asked for at this stage. Also, my DF would like contact to be reintroduced gently, bearing in mind her son's age and the fact that he's not seen his dad for months, he doesn't really know who he is and would struggle with overnight visits immediately with no lead in period I think.
Sorry for the very long post, but hoping someone can offer some advice. Hearing is at 10.00 on Thursday so posting this very late, but only just finished working on the day job so hoping someone is still around!
Please or to access all these features
Please
or
to access all these features
Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.
Legal matters
Help - what to expect at return/directions hearing in family court this morning
4 replies
kaymondo · 13/02/2014 00:31
OP posts:
Please create an account
To comment on this thread you need to create a Mumsnet account.