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What does DS do next Ex ignoring Solicitors letters

5 replies

angrynan · 02/02/2007 09:14

Since he got married , he has got a lovely home with a room for DGD, he and new wife were looking forward to having her. They had her 3 times before mother stopped it.
He has been to a solicitor, who has sent letters asking for access, mother phoned DS Solicitor, stating she did not want her to go to DS as felt she was not looked after properly! This is from a woman who was evicted on a asbo, leaves kids on there own, has been more than happy to leave her with me for weeks on end, when it suits her.
DS decided that as I pick her up for school everyday then he would ask to see her at my home.
She did not reply at all to that letter. Come Xmas, I was suppose to pick her up for Christmas Eve with us all. Got there to find note on door, that she could only come if DS and wife were not there!
we ended up seeing her for two hours later in the day, with out DS ans Wife.
Sorry this is so long, any way now she is just ignoring Solicitors letters, so what do we do.
Ds has never ever missed a CSA payment, in fact pays more than is asked for, as well as the fact that I supply all her clothes uniform shoes etc.
Changed name as have given alot of info.

OP posts:
Freckle · 02/02/2007 09:22

Your ds needs to apply to the courts for an order granting him contact. Was there an order regarding contact when they got divorced? If she is breaching that order, then your ds needs to apply back to the court.

Has he considered applying for residency?

mumblechum · 02/02/2007 10:43

Just to add to what Freckle says (which is absolutely right), if you would like to see the grandchildren, you could make an application yourself as well. The procedure is slightly more drawn out, in that you have to apply for permission to apply, but this is usually a formality.

In most cases, the court will grant contact to grandparents, and in fact in the majority of cases, the mum will agree at the first court appointment so it doesn't have to go on to a final (expensive) hearing.

angrynan · 02/02/2007 11:30

No no order they were never married, both young teenagers when DGD was born, Ds has seen her every weekend, as she spent either the week originally with me or later every weekend.
Think the solicitor he has is not much good she is atrainee, as that is all he could afford, while she gets legal aid.
He has thought about residency but has been told as ex has two other children he would not get it as they want to keep the sibling s together.

OP posts:
Freckle · 02/02/2007 14:15

Then he needs to apply for a specific contact order. He may need to apply for parental responsibility first, but that should be a formality. Once he has a specific order, if his ex continues to deny contact, he can go back to court to get it enforced.

Surfermum · 02/02/2007 18:02

My dh went through this. I agree, get him to go for a contact order. It was the only thing that actually ensured dh got to see his little girl on a regular basis. My dh started off using a solicitor but when he could no longer afford it he represented himself and got on fine. He found the Courts were sympathetic to the fact that he didn't know all the correct etiquette, and he felt he was able to say more than he was when he had a solicitor wih him. Definitely worth thinking about.

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