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child access court

9 replies

mummy20108 · 18/11/2011 13:44

Hi
Just wondering if anyones ex has taken them to court for access to their child and been denied access

OP posts:
MiniMonty · 19/11/2011 01:45

A couple of things:

  1. "access" is very outdated language in the legal system (and for kids whose parents have split). The word you're after is "contact".
  2. both parents have a presumed right to contact with their children and children have an absolute right to contact with both parents. Unless extreme circumstances exist a court will almost always make a contact order for children to have contact with parents.
Misschief101 · 19/11/2011 18:22

Oh for God's sake MiniMonty you know what the OP was asking no need to pull her up on the terms. It is still classed as access unless you wish to write to my ex's solicitor and pull them up too? And they have asked for someone who has been denied access...

OP I am in the middle of this I'm hoping to have the same outcome. I think the best person to speak too on here is I love Tiffany as I think her ex was denied access.

HTH

TheHumancatapult · 20/11/2011 08:32

Yes I did and has xh refused to comply with the temrs that court imposed .It went back and was ruled that there will be no contact other than letter box to such time that xh can show there has been signifcant changes . ( xh doe snot bother with that )

mummy20108 · 21/11/2011 09:18

Hi
Thanks for your replys, MiniMonty thats not really helpful is it!!
Mischief101 sorry to hear your in the same position its crap isn't it.
Humancatapult I'm hoping to have this outcome fingers crossed

OP posts:
skivy · 22/11/2011 14:26

Hi! I've just had papers served on me. My ex (who I left before I found out I was pregnant) had been making my life and my families lives a living hell throughout my pregnancy. He now wants to fight for access. I did not put his name on the birth certificate. I really hope the courts do not grant him access. I'll be watching this thread to see if anyone else posts anything!

Good luck x

niceguy2 · 22/11/2011 16:13

Unless there are real dangers to the child and evidence to support that then courts will always grant access/contact.

The only question is how much time and how it is introduced to the child (if they are not used to it).

So for example, the fact your ex may be a twunt who cannot be trusted to feed your child vegetables or he is shagging his new bit of fluff in the same house at the same time. None of those are reasons to deny contact. Even if he's been violent to you in the past, that's in itself no reason to deny contact. However if he'd been violent to the child....that would be.

Hope that makes sense.

In short, it's almost a given that contact will be granted.

TheHumancatapult · 22/11/2011 16:47

muumy it only came about a she prooved he did not have the dc best intrests at heart .by Refusing what the court ordered he shot himself in the foot .

He can not apply for a change in contact (ie only has letterbox 4 times a year through a Post box . ) for 5 years .Which by that point dd will be 13 and ds3 will be almost 12 .So their views will be taken into account .He infact no longer has PR for the 2 children which even the judge said wa sunsurual but wa sunurual circumstances

H is not allowed to have my address or to contact the schools etc .

TheHumancatapult · 22/11/2011 16:49

nice guy ortunatley for me there was a nice long trail of evidence to show that he is unsafe and would not be able to keep the dc safe .So I did not have to fight to hard luckily inffact when it was all laid out in court the Shock on his solictors face said it all

lemonstartree · 22/11/2011 17:17

This is very interesting. My ex husband has been violent to our children, and I have a police report which documents this. This was when we were married

he has had generous contact since we separated but evidence is coming to light to more verbal and emotional abuse of the kids. I am proposing to limit his contact and insist that he is supervised by another adult. If he disagrees he can take me to Court. He is unpredictable, unstable and very aggressive verbally, and occasionally physically.

I recognize the child's right to contact with both parents, but I am increasingly convinced that contact with an abusive parent is not in their best interests.

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