Child access in court

[KeelyT]

Me and my ex partner have a court order for child access. This Xmas just gone our sons (2 and a half years old) was suppose to spend Xmas with his father. Dad collected him Xmas eve and drove him over 2 hours to where he lives..... early hours xmas morning I received a call and messages from my ex partners current girlfriend. He had been arrested for assaulting her infront of the kids, though our son was the only one who didn't witness as he was in bed.
Our health visitor advised us to safeguard my toddler and halt visits during the bail period until we know the outcome. Anyway he has been charged for assault to carry out community service only. He's now advising that he's taking me back to court as I am denying him access.....
I can't afford legal advice as I'm on maternity leave now with an 11 week old baby.
I'm so worried that he'll get overnight stays again and I dread our son witnessing that behaviour. His father his know to be abusive and was verbally and emotionally abusive to me but the police did not do anything about it as there was no black and white evidence.

Any advice would be much appreciated x

[KeelyT]

I also note that we drove a 5 hour round trip early hours Xmas morning with our newborn to collect my son. What an awful Christmas this was

[JiltedJohnsJulie]

Welll yiure not complying are you? Has he started legal proceedings?

I would get some advice and quick. If you can't afford a Solicitir specialising in Family Law, try the CAB. If they suggest taking him back to Court to vary the order, which is in my opinion how you should be going about this, then you may be able to get help with Court Fees.

I'm not legally trained though so there may be a better way of going about this. I'd also ask MNHQ to move this to Legal Matters.

[Whatsername17]

Can you ask your hv? I'd suggest letting him take you to court and asking for supervised visitations unilateral he seeks some help for his behaviour.

[KeelyT]

That's what my HV visitor advised.
I'm not complying as per advice given by our health visitor to safeguard our son. The police have made a referal to MASH re safeguarding issues and I am yet to wait to hear from social services as our son is potentially at risk with his father.

[GreenGoblin0]

it's not a health visitors role to advise on legal matters including ignoring a court order...you need to get legal advice asap even if this is just a one off session. if he applies to the court then he will pay the court fees. the court is used to dealing with litigants in person and you don't necessarily need a solicitor to represent you in court but you do need to get advice from a family solicitor even if this is just a one off session to understand the legal position and what can expect from the court process.

given the circs the court will prob order a cafcass report to consider whether reinstating overnight contact is in interests of child. you can request that the court orders this if the judge doesn't propose this.

[JiltedJohnsJulie]

it's not a health visitors role to advise on legal matters including ignoring a court order...you need to get legal advice asap even if this is just a one off session I think that this was the point I was trying to make

Great post Green. Hope the OP follows your advice.

[KeelyT]

Well a health visitor is the person on the front line to recognise safeguarding issues and to give advice where nececessary to protect children. She advised me to halt contact because if I didn't and something else happened it would be then ME who was questioned as to why I put my son at risk knowing the circumstances.
She also advised she will electronically log the advice given and do a safe guarding referal.
Anyway, I wasn't asking to be criticised for safeguarding my son against an abuser.
I was asking for advice as to what the outcome would potentially be, if anyone has had any similar situations with an abuser with a criminal conviction for domestic assault where children were present.

[PigletWasPoohsFriend]

Well a health visitor is the person on the front line to recognise safeguarding issues and to give advice where nececessary to protect children.

They still aren't solicitors and don't know the ins and outs of the law.

I agree with pp you need legal advice

[GreenGoblin0]

no one was criticising you for safeguarding your child simply that you need to get legal advice on this not just simply rely on what a HV (a nurse not a social worker and not a lawyer) has advised you to do. yes they have a role in recognising safeguarding issues but you really need independent legal advice on how to go about this.

[JiltedJohnsJulie]

Can't see any criticism, just lots of advice