Now that we have all had our little hissyfits are we going to help out the OP?
jojo I have emailed you back, thanks for your email.
Your DP's ex has no right to stop 'access'
- as DP and ex both have Parental Responsibility they are both equal legal parents. One parent has no right to interfere with the parenting schedule than the other
- there has been a long established parenting schedule that the children are used to and expect.
- the ex has unilaterally attempted to change this and has done so very recently - the children are upset and confused by this change, as they are obviously expecting to see their dad and extended family as normally.
- the ex should immediately reinstate the parenting schedule or you will have no other alternative but to make an application to court for a defined contact order - and whilst you're at it why not make an application for shared residency? (I have shared residency for my daughter btw)
you see, the longer you accept this new change of circumsatances, the longer it will be seen to be accepted by you, you will have been deemed to have consented to it and there will be a new status quo in place. The courts and the whole family law system love status quo's.
Another thought occurred to me. As your DP has PR and there are no residence orders in place/non-molestation orders etc , he is perfectly free to collect the children from school/nursery. He is an equal legal parent as mum is. He would be advised to maybe have a chat with the nursery manager/school head beforehand, provide proof of PR and explain the situation. He should also pop into his local plod station and have a chat with the family liasion officer so his version of events is on record - should the ex make allegations of "kidnap" or abuse later on (which probably will happen - the accusations that is!)
I don't recommend solicitors, but it will be worthwile your DP making appointments with as many local family law solicitors as possible for a free initial 1/2 hour consultations to see what they say (try and find one who is a member of Resolution).
Better still, as others have said, join Families Need Fathers and get the best source of advice and support from them.
If this is going to go through the court system you need to be fully armed with what is ahead, preferably don't use a solicitor as they will bleed you of thousands, self-represent as a Litigant In Person with an experienced McKenzie friend (as I did).... now I help out other parents as a McKenzie friend myself and offer practical advie and support and litigation support.
good luck with everything, keep us informed