[Solved] Child Access - How Long To Wait For Court

Hi Adam

1) Very roughly speaking you should expect to get a first hearing about 4 - 6 weeks after applying.
2). This is a very difficult question to answer! If she continues to contest contact then it could go on for a year or more. The court will order reports (particularly because of the DV investigation) and these can take up to 16 weeks to complete and you may need 3or 4 hearings to reach resolution.
3). If you are seeking an interim Child Arrangements Order for contact then you will need to request this on the C100 application form so that the court can allow time for this to be considered at the first hearing.
4). If she is charged with DV or given a caution you should be eligible for legal aid, if your income is within the eligibility criteria. As far as this giving you a greater chance, that's debatable. Is the child at risk? It really depends on the judge and how they will view it, I would imagine that reports will be sought and the DV will be addressed at that point.

Try not to think too far ahead, it's better to take each step as it comes and concentrate on what is needed as you go along. Good luck. 🙂

Hi Mojo

Thank you so much for the reply and information. I am trying to be strong, but it is breaking my heart not been able to see my little boy who I have seen everyday since he was born. I find the law etc so infuriating as well. It is clear my ex partner is using my son like a trophy and by just cutting off contact is soul ripping.

In response to your question, there is no risk at all to my son, in fact over our 10 years together there was no DV, until her attack on me almost two weeks ago. Again if us dad's read this, I decided to go to the police to report the assault. I am sorry but a lot of men get assaulted by women and brush it off, trying to act hard because they are men. But guys I am sorry this is not acceptable. If it was on the other foot then our partners/ex partners would be straight down the police station.

Mojo, I will be chasing my solicitor up tomorrow. It sounds like a drawn out process and I need to make myself learn that it will be a while before I see my son again.

Thank you again.

Adam

Having a solicitor will drag things out for a lot longer fortunately neither me or the ex was represented so I got a contact order set in stone in 8 months.

I got stopped from seeing my daughter at the start of jan 14' I submitted my c100 at the end of march and my first hearing was 4 weeks later at the end of april.

they ordered a s7 report and the second hearing was set for the end of july at that hearing they ordered contact to start.

it was mid sept by the time I seen my daughter at a contact centre so it was 9 months of not seeing her which killed me as she is only 15 months old.

Try and do your own research and don't listen to your solicitor too much and kick them into touch if you feel like they are not pulling their weight always remember they are only after you for your money and nothing else all solicitors should be banned from family court end of story.

as mojo said take everything step by step research this site and post any questions you may have most of us on here have been through the mill so we can help you out bigtime every step of the way.

I'm so pleased I went through the courts now as I have an order set in stone I would of been at the mercy of my nut job of an ex for the rest of my life if I didn't. I wouldn't make to much of a song and dance about her assaulting you as that will come out in court keep everything you do and say child focused.

...I understand how you must be feeling and your little boy too will be feeling the same, using a child to get back at an ex partner is unforgivable and there are many here that share your experience of this. Under normal circumstances I would suggest that you try writing to her but this is not possible because of the advice the police have given you about no contact with her....although you could perhaps write to her via your solicitor and ask her to reconsider. Make her aware that court is a last resort but one that you will not hesitate to take if agreement can't be reached and contact re established. Suggest that a family member be used as a third party to facilitate contact and remind her that your son will be hurting just as much by the denial of contact.

I am all in favour of Dads reporting DV to the police so well done for taking that stand.

We tend to think that all solicitors will be proficient in matters of family law, this isn't the case and unless your solicitor specialises in family law then I advise you try and learn as much about the procedure as you can and keep a firm grip on the process.

http://www.justice.gov.uk/downloads/family-justice-reform/pd-12b-cap.pdf

The above link may help to understand the court process.

Hi all

Thank you so much for all the advice it is massively appreciated. Mr Slim the thought of going 9 months like you did without seen your child actually makes me feel physically sick and fills me with anger.

I will let you all know how I get on.

Adam, you are completely right reporting the abuse to the police - this problem is massively under-reported and there is no reason why men should have to suffer it in silence.