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Lone parents

Use our Single Parent forum to speak to other parents raising a child alone.

Please help please!

7 replies

thoughtstrue · 20/12/2012 11:25

I am a single mother of a 2 year old. The father ran away when the child was 3 months old. When the child was 14 months old, I received court papers demanding access. I have never stopped access, but my guess is that he did not want to explain why he ran away. We went to court and I agreed to access at a contact centre for 2 hours every fortnight. Contact then progressed and is currently 3 hours every fortnight at a soft play area.

Our child is now 2 years old. There is a contact review due in court next month. The child's father never contacts me in between visits to check on the child's welfare. However, today I received a call from the father asking about the child's welfare. Then he told me that he was calling to tell me that he thinks we should tell our solicitors that we can work out contact arrangements between ourselves, so that we do not have to go to court next month. He is financially secure, so court costs are not a problem for him.

I agreed to think about it, but I do not trust him. I suspect that he is trying to take the case out of court so that he will run away again. He never wants to see the child for any longer that the court order states, even though I have asked him several times. He says that he would rather just stick with the 3 hours contact that the judge ordered, but the court order also states that contact can be increased by us at any time.

I love our child dearly, but I am genuinely tired of having to do all the work by myself 7 days a week. How can the father take me to court for contact, yet only want to look after his child for 3 hours a fortnight?

Can you please advise me on:

a. Whether I should agree to taking the issue out of court?

b. Examples of how much more time I can reasonably expect/ask him to look after his own child? (he works 9-5 Monday to Friday).

c. Does anybody have experience of what a judge is likely to order as the next steps for contact?

Thank you. I really appreciate all of your help.

OP posts:
NicknameTaken · 20/12/2012 11:35

Given that you want the non-resident parent to have more contact, I'm not sure what us the court procedure will be. Unfortunately, the court doesn't have the power to force the non-resident parent to have any more contact than he (or she) is willing to have.

It might be better just to have a conversation with him, or try mediation. If he's doing okay financially, is he providing any child maintenance? Maybe he could give you enough for a few hours of childcare? Has he family members (often the mother) who might also want the baby for a few hours?

Peterpan101 · 20/12/2012 11:41

Very strange that he took it to court in the first place if you were/are so willing for him to have access? A solicitors first response would/should be to write direct to you asking for access?!

You seem to have nothing to lose by agreeing to decide contact out of court?? If what he is saying is not agreeable, you can just revert back to the court order.

As for the amount of time he is 'willing to have contact'......that's very much in your exs hands. If he only wants a few hours it'll be unlikely for the court to enforce more?? It's all about what the parties are willing to accept.

thoughtstrue · 20/12/2012 13:20

Thank you everybody for your help.

@NicknameTaken - he is very financially secure, but he is extremely mean. He refused to pay child support, so I went through the CSA. When we meet for handovers he will not even help with the buggy as he sees it as helping me. His family do not live in the country.

@Peterpan101 - Yes, it is strange but that is exactly how he operates! He hired a top celebrity lawyer and the first letter from them demanded that I vacate my property whenever he wanted contact! I was scared, so I went for free legal advice who helped me draft a response. It was after this I was served with court papers.

I do not trust him, but I am not sure what he is up to. I want him to have more contact but he doesn't want it. My solicitor says I should just agree to whatever he offers to avoid conflict. I do not want conflict, but I am finding this very hard, while he does 6 hours a month! I am very disappointed, but grateful for your advice.

OP posts:
crisisofidentity · 20/12/2012 18:06

I don't want to scare you but if you don't trust him I would definately NOT agree out of court. I did this and it caused me a lot of grief. From what you say he has been secretive in the past (about why he left), so he may be being so now.
I would stick to the court review and use that process to make it known you are in favour of more contact.

Peterpan101 · 20/12/2012 19:09

Agreed....if you can afford it or are getting legal aid......"see him in court"

(if he is comfortable and tight it'll show if he actually wants contact)

thoughtstrue · 21/12/2012 11:49

Thank you very much for your advice.

I previously asked him if he could do a couple more hours contact and he said he would rather stick to the 3 hours every two weeks.

I don't want any trouble, but I think I will stick with the court. I am now dreading telling him. Hmm

Does anybody have any suggestions of what amount of contact I should ask for that would be considered reasonable by the court?

OP posts:
Peterpan101 · 21/12/2012 17:39

I think you'll need to ask a solicitor for that one.....my experience only deals with trying to get more for myself....not how much you may be able to force on someone?

Good luck.

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