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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Any dads with experience of going to court to sort contact?

13 replies

Jax12123 · 22/03/2019 13:58

Contact currently on the mother’s terms-Currently sees child for a couple of hours a week with mother present. Moving forwards wants to apply for one evening a week and EoW to include overnight. No issues with father such as abuse etc therefore doesn’t seem to be any reasonable justification for such limited contact.

Any advice on what to expect? If she were to become vindictive would a court see through this?

OP posts:
croprotationinthe13thcentury · 22/03/2019 14:09

Courts are very experienced at dealing with these things.
They are also pushing more and more towards shared parenting.
Unless there are unusual circumstances, they would almost certainly grant this arrangement or something similar.

Jax12123 · 22/03/2019 14:23

Thank you for your response.

OP posts:
NorthernSpirit · 22/03/2019 19:29

I’ve supported my OH through going to court for contact with his children.

Very controlling EW who uses the kids as possessions and would only ‘let’ him see the children on his terms.

You can apply to the courts yourself at a cost of £215 and represent yourself. I would urge you to go this. Takes the mother’s control away and everyone knows we’re they stand.

Courts are very pro contact. Good luck.

NorthernSpirit · 22/03/2019 19:30

I meant let him see the kids on ‘her’ terms.

AssassinatedBeauty · 22/03/2019 19:35

How old is the child?

Adam3322 · 22/03/2019 19:40

hi. in my experience the courts will usually see through vindictive ways. if he has a safe secure place and are no concerns it is usually standard practice to grant at least 1 overnight stay a week and 1 evening for tea etc. and if the mother did not want this she would need to provide a fairly good reason with proof that this wasnt suitable, hope this helps .

Jax12123 · 22/03/2019 19:42

Thank you northern for your response - have pm’d you-hope that’s ok.assassin the child is 2 years old.

OP posts:
Jax12123 · 22/03/2019 19:42

Thanks adam

OP posts:
RightOcciputAnterior · 22/03/2019 20:56

I supported my husband through the process. It was very stressful as his ex made false allegations about him (which were laughed out of court, thankfully). What he asked for was reasonable and he was awarded it - he got pretty much everything he asked for. Feel free to PM me if you want to chat.

Jax12123 · 22/03/2019 21:24

Thanks right

OP posts:
IsItBetter · 23/03/2019 07:05

Yes I went through court for child arrangements order, eventually getting an order for 50:50 equal shared care.

You will need to attend mediation first then apply for C100 to start process.

It is best to apply for a child arrangement order as close to living in the FMH as possible if you want equal contact, but in your case at least alternative weekends should be possible and half of holidays, possibly stepped to a night midweek also after a period of time (the child is young so contact might be phased).

Mother will use a status quo argument and that child is too young for more contact.

Also - Don't be surprised when the mother gets wind of this that she starts claiming abuse (she will be furious her control is being taken away) - he will have to stay child focussed and avoid arguments. Courts are well used to this, and it will be for her to prove any abuse claims.

As part of the first hearing an organisation called Cafcass will do an initial phone call with both parents. Cafcass are very influential with the courts so tell him to stay child focussed and don't badmouth the mother, and concentrate what he will bring for the child. Depending on what they recommend you might be able to go straight for a final hearing, or the mother might decide she wants to negotiate. Or if there are allegations it might take a longer time - finding of fact hearing / section 7 report and can really draw out the process.

Good luck!

Jax12123 · 23/03/2019 08:43

isit thanks for your extensive reply-much appreciated.

OP posts:
Mami16 · 23/03/2019 10:54

IsItBetter how old is your child/children?

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