Dear all, I think some of you have got to the heart of the matter. Thanks for your responses. I have replied to most of your comments below. A lot of the advice is good but maybe knowing a bit more would enable you to give me further advice! Thanks.
Hi Takeyourpick, In the past I have stayed away from solicitors because the general advice is that it's not great getting the courts involved etc for the kids and can make the relationship more difficult between parents. At one point when my dd was about 3 years old, my ex did stop contact and only allowed me to see her for a few hours a week, supervised by her mother and then by her directly. The solicitor advised me that it wasn't a good idea to take it to court, and that I should agree to any terms that the mother deemed appropriate in order to regain full contact with my daughter. That was that I would not take my daughter to see my family at any point in the future as my father has a criminal record and my ex felt he may pose a risk to my dd. In reality my ex just intensely disliked my dd. I think the solicitor was young (and inexperienced) but it was what I was offered with legal aid. I figure the solicitor felt that this would be the easiest solution and she would still earn some money from writing numerous letters to 'resolve' this conflict. With regards to me and mum not being together, she knows this and has done for some time. We broke up when she was not quite 1 y/o so she's not confused about our relationship status but with being at school she has started to see other parents and knows that mummy and daddy in their situation live together and are married and go home to one another at the end of the day. Essentially she is in denial and won't accept and does not want to talk about the fact that mummy and daddy aren't together. Other than to say that I'm supposed to marry mummy. My ex has made it clear in the past that she still has feelings for me so I'm not entirely sure what she says to our dd about all of this.
To daddyofone, As it stands my ex has point blank refused to attend mediation on several accounts, simply because she recognises that at the moment she has all the cards and wishes for it to remain that way. we have come up with several mutual agreements that have been abandoned with little or no notice on a regular basis.
As for the upset of coming to my house, this is a recent thing and similar to your own situation, my dd only makes a fuss when she is with her mum or nan, but is perfectly happy within 5 minutes of leaving. She has however recently developed what I can only describe as withdrawal symptoms. She often says she want's to go home, that she misses mummy or nanny.
I do agree that you're right a 6 y/o should not be allowed to make such choices and I'm pretty sure her mum recognises that too. However she is telling our daughter that it's up to her.
She also tells our dd that it is up to her if she wants to go to church or not. My ex has developed different religious beliefs to me and in spite of the fact that she doesn't believe in God she has raised our dd as a vegetarian. When my dd asked why she is a vegetarian MM told her God made her that way. It would seem what mum says goes, what dad says can be ignored! With my disciplining style being directly veto'd in front of me by MM on numerous occasions. It is perhaps little wonder my dd doesn't see me as a father figure...
To DarkKnight, I think you get down to the crux of things. Maybe it is time that I face facts that my ex partner is always going to be unreasonable under a thin veil of being amicable. My worry is that if I were to go for a court order, she would make it very difficult for me.
I have never been offered the opportunity of having my dd on her birthday, xmas or any other special event to myself. This has always been something her MM has been adamant about. She will celebrate there, if I wish to attend that's up to me...
My greatest fears as I stare at this c100 form is that if I apply for a contact order, she will in turn apply for a residency order and will then be able to take my daughter out of the country at any time without notice. I also would not put it past her to apply for a prohibited steps order as this was threatened by her solicitor the last time we had disagreements. My EXp has made it quite clear that 'she doesn't want to make life difficult for me but that she's glad we can get along and this has never had to go through a court' she has stated she 'would be willing to play hardball and I would lose'.
Apart from my ex throwing every possible curveball at the idea of me standing up and taking what I should have rightfully - an active role in parenting my dd including the responsibilities and rights of a parent I am concerned about the practicalities of applying for a contact order. Currently I am in training which involves periods when I am in placement and periods of school/uni. To set a contact order stating who takes our dd on her birthday next year and what days of the week I have my dd on would make it impossible for me to continue my training as I don't have that much info in advance. Further to that, does anyone have any experience of how a Contact order works with applying for jobs? I will be rota'd on for work and only know what my shifts a max of 6 weeks in advance. Do employers have to work around my contact order or do I just lose out on that time with my dd if work makes it impossible to be free? If thats the case I highly doubt my ex would be willing to be flexible.
I know all of this sounds a bit negative but to me it seems quite complex and I cant see a way out/ at least I think my options need further consideration. I don't want to jump into anything and make the wrong choice. DarkKnight, you are not the first person who I have seen recommend FNF. I have checked them out and looks like they are worth joining.
Thanks again for all your advice.