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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.

Question about access

11 replies

Themadcatparade · 03/07/2020 12:41

Court order in place. If the mother denies father his rights to see child due to child sickness, does the father have a right to claim back this time owed?

What will happen if mother refuses the father to make up lost time?

Can someone point me to any documentation or legal acts which states so?

OP posts:
anotherusernamefornow · 03/07/2020 15:39

This doesn't sound very child focussed Hmm

FelicityPike · 03/07/2020 15:43

I don’t think such a “right” exists for the parent.

Themadcatparade · 03/07/2020 15:45

I’m on the fathers side here, a father who has been fighting to see his son and a little boy who is suffering through lost time with his father. Keep your opinions to yourself if you don’t have a practical response to a question in need of advice.

OP posts:
RedRumTheHorse · 03/07/2020 15:46

Neither of you have any rights - you both have responsibilities.

Also in regards to making up time - I presume your child is under 18? If so you have years to make up a few missed days.

Fighting over a few missed days because a child is sick is not a battle to have especially if it is a one off.

Dinosauraddict · 03/07/2020 15:47

Going forwards (post sickness) they would revert back to the court ordered agreed access. There is no legal right to 'make the time up'. Children are sometimes ill, and it's up to the parents to agree what happens in this instance based on severity of illness, preference of child, age etc. If however there is a belief that the mother is using an illness to regularly block court ordered contact then you'd need to go back to court to get it enforced, but you haven't suggested that here.

Dinosauraddict · 03/07/2020 15:48

Going forwards (post sickness) they would revert back to the court ordered agreed access. There is no legal right to 'make the time up'. Children are sometimes ill, and it's up to the parents to agree what happens in this instance based on severity of illness, preference of child, age etc. If however there is a belief that the mother is using an illness to regularly block court ordered contact then you'd need to go back to court to get it enforced, but you haven't suggested that here.

Dinosauraddict · 03/07/2020 15:48

Sorry that posted twice :/

Themadcatparade · 03/07/2020 15:48

It’s not a one off unfortunately.

It’s a result of repeated behaviour from the mothers side, which totals to weeks of lost time between father and child.

Father and mother have responsibilities yes, but they also have legal rights.

OP posts:
Themadcatparade · 03/07/2020 15:53

Thanks @Dinosauraddict

We have reason to believe covid result was deliberately kept ‘pending’ for some time, to use as an excuse to keep child quarantined, for an example. 14 days quarantined due to vomiting which was ‘doctors orders’ that turned out all lies after update with doctor. Mother not making child available for pick up time because she was out shopping or out having food which has left father waiting around for hours at a time, more lost contact.

I’m sure I have read somewhere that with a court order in place, the father (And child) has a right to make this missing time back?

OP posts:
FelicityPike · 03/07/2020 18:18

So, in regards to your last posts, why hasn’t dad taken this back to court before now?

slipperywhensparticus · 03/07/2020 18:23

Nice drip feed

Based on your first post no

Based on your later drip feedy posts take it to court for enforcement

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