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How much contact wo...
 
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[Solved] How much contact would a court impose?


Posts: 9
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Topic starter
(@single dad gray)
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Joined: 13 years ago

I have been awarded residency of my 2 1/2 year old son after an interim order then a final order in august.I'll try to be brief,Social services was involved after i made them aware she was drinking to the point of passing out while my son was in her care!! this happended(that im aware)atleast 4/5 times i found her unconcious through drink with my poor son alone with her,She has recently spent 3/4 weeks in a mentle health ward due to her mentle state.Now she didnt have/attempt contact for about 10 weeks and did not turn up at either court date,i have a report from s/c highlighting they recomend my son is placed in my care due to her "problems/issues"this is the case now i have residency,But?could she get him back?is there any possibilty of that happerning??Id like any help/advice to put my mind at ease please .
Sorry about the spelling and grammer,not my strongest quality.

19 Replies
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(@Nannyjane)
Illustrious Member
Joined: 12 years ago

Hi GG and welcome 🙂

it must have been a tough few months for you, but well worth it as you now have custody of your son. I wont say congratulations because there are no winners in this situation, but well done for being your sons voice and stepping in to protect him. 🙂

Let me reassure you, as you say it has been 10 weeks of no contact or an attempt at any...By the time she may be in a position to even think about contesting it, he will have been with you for a long period of time and no court would even consider taking him from you. So enjoy your little boy and carry on doing the very best for him... You have nothing to worry about! 🙂

She might, if or when she gets back on her feet, want to re connect with him, but because of her drink problems and mental health issues, she could only expect supervised contact at a contact centre and that would go on for some time.

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Posts: 9
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Topic starter
(@single dad gray)
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Joined: 13 years ago

Thank you so much x
the order states contact MUST be supervised and i didnt write since the 10 weeks of no contact my solicictor was contacted by another representing her and i was advised to agree to supervised contact once a week for 1.5 hours,i supervise the visit at my mums house,but i asked her on the last visit does she understand the order stands untill my son is 16 she said yes but my solicitor said it can be over turned?Obviously i have s/s behind me 100% but still the thought of him being forced back into her care scares me to death.
THANK YOU AGAIN SO SO MUCH
GG & son
Sorry i should say he has been with me full time now since may this year x

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(@Nannyjane)
Illustrious Member
Joined: 12 years ago

...Her solicitor shouldn't be giving her false hope as far as I'm concerned....you've had him now for six months already, and before you know it it will be a year, then two...before you know it you'll be waving him off to Uni! 😆 ...trust me it flys by!

If I were you though I would keep a diary of her visits, what is said and how she is with your son. If you notice any deterioration in her then act upon it immediately. If at any time the visits at your mums house become a problem, then you can always arrange supervision at a contact centre. If there are any issues again, contact the SS and keep them informed.

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Posts: 9
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(@single dad gray)
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Joined: 13 years ago

Hello,

I was granted residency of my wonderful 2 yeard old son in a final hearing in august/2012,The order grants me residency but also states his "mother" if chooses to have "supervised contact" this is due to a number of factors including her "mental state" and a "drink problem" i was left no choice but to involve SS after numerous occaisions his "mother" was found in a drunken/unconcieous state while my little son was in her sole "care". Sheshowed no interest in seeing my son for approx 10/11 weeks and failed to appear at the interim and final court hearings.Then out of the blue my solicitor recieves a letter from a solicitors now representing her stateing she wants "3 visits a week,2 hours per visit"obviously i refused this for a number of reason and proposed 1 "supervised visit"per week for 1.5 hours,this was aventualy accepted by her/her solicitor,This agreement has been in place so far for approx 6/7 weeks dueing whitch she has "so far" kept to the arrangments,i recieved another letter from her solicitor stating she now wants 2 visits per week and they "hope i agree" "to prevent them having to take it to court" I am not really prepared at this point after such a short period of her seeing my son again to increase the current agreement,if they take it back to court what is the likely hood they will force me to increase the current agreement of 1 visit per week?
Im not totally against her at some point once she has proven some commitment to the visits in increasing them but don t feel right to do so at the moment.

[Edit - post and replies moved here to merge all into a single thread]

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15 Replies
 ak57
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(@ak57)
Joined: 12 years ago

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Posts: 623

To be honest I cant see a real problem with this, its all about the child building a relationship with both parents, what she did was wrong but she is really trying now and sometimes we have to forgive , what about extending the contact she already has to 2 hours and an agreed date to extend it to two visits . I think the court would extend it

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(@Nannyjane)
Joined: 12 years ago

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Posts: 5426

..Do you still have a Social Worker assigned to your case? I would talk to them about it and ask their advice. Dont be bullied by her solicitor, if you feel that you need to take things slowly, you are the resident parent now. She's trying to run before she can walk in my opinion. I think ak has a point about setting a timetable. 6/7 weeks is not a long enough period to think of increasing it though, I would say 6 months is more realistic....

In my opinion the court would not agree to an increase so soon after she has re-established contact, but that is just my opinion. I would try and seek advice...its a pity no one though to write a time table of contact into the initial order. I'm sure at the time it would have been small increases on a 6/12 monthly basis. If you are a stay at home Dad you would be entitled to Legal Aid, it might be advisable to get some legal advice.

My son has Residency of his son, you think that when that happens the problems end, but they dont! Its a full time job trying to manoeuvre through the obstacles a disgruntled mother continually puts up. My sons ex has never taken responsibility for her actions that lead to her losing custody...in her mind its all our fault, it was an opportunist snatch, as her solicitor put it! Even now, she is under investigation for hitting and mistreating the child still in her care, thats our fault too!

Try and stay calm, rise above it and dont worry about things that havent happened yet, sure be prepared, but believe in yourself and remember the reasons you are where you are today.... your sons happiness and well being, thats what matters and thats why you will continue to fight to maintain it. 🙂

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(@single dad gray)
Joined: 13 years ago

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Posts: 9

AK.
Thanks for your response,
And to answer your question "what did she do wrong" On numerous occaisions i had to attened her residence due to being unable to contact her by phone to find my son (on 2 occaision) at the age of about 10 months then again at 12 months outside the property on his own,nacked approx 300 yrds from her flat the first time second time in a different street,while she layed first time on the floor of her flat paraletic and uncoherient and second time had left the flat and my baby altoghether and wasnt seen again for 2/3 weeks!!!There was also the occaisions(3 i know of) while pregnant she had to be hospitalised due to intoxication,Another occaision,a friend called me at 10pm on a rainy cold saturday night to inform me she had seen her with my child(aged about 14months)drunk trying to buy more drink in a petrol station!! i honestly could go on but i wont.Also just a quick query?What makes you feel she is "trying so hard"??? Sorry to sound so rightous but she really has put a babies life in danger(my baby)numerous times so i feel little sympathy towards her..again thanks for your response.

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(@single dad gray)
Joined: 13 years ago

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Posts: 9

Nannyjane
thanks once again for replying,No social services after months of checks/visits and more decided now i have been awarded residency they are 100% happy he's no longer at risk and closed the case.And my legal aid cert only covered the residency hearings so i no longer have the full aid of a solicitor and my solicitor has basically said her work is done,and i totaly understand that but i wonder how her solicitor still seems to be "on the pay roll" to enable them to keep sending letters and so on?

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 ak57
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(@ak57)
Joined: 12 years ago

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Posts: 623

[censored] that’s awful. I understand now. I certainly would not give unsupervised access EVER . But I do realise the court would want to encourage her to try and put things right. Has she stopped drinking, what’s she like when she visits. I would be tempted to offer another half hour just to get them off your back and say clearly in a letter to her solicitor no more for at least 6 months like Nannyjane said

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(@Nannyjane)
Joined: 12 years ago

Illustrious Member
Posts: 5426

....If your circumstances havent changed since being awarded Legal Aid then you can re apply. If you were happy with the service your solicitor provided during the Residency hearings, then I see no reason why she shouldn't continue to represent you further. I would give her, or another one a call, and explain what is happening, that taking you back to court is being threatened, and you are being bullied by her solicitor, who you feel has an agenda of overturning the Residency Order, which has already been mentioned by the mother.

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(@dadmod4)
Joined: 15 years ago

Illustrious Member
Posts: 11890

Legally speaking, the non-resident parent (ie your ex) always has the right to go back to court to get the order varied or overturned, but unless there are welfare concerns, then no court is ever going to move a child from a home where they are settled, even if your ex suddenly turned into the model mother, so don't worry at all about this - and the longer is with you, the more settled he is considered to be - so youex can't get him back in the short term because of her mental state & drinking, and she can't in the long term because he is settled with you.

I would look again at the supervised contact - I woud seriously consider having this at a contact centre rather than supervising it yourself (the non resident parent pays any fees) - if you are supervising, then it's leaving you open to any lies she may come with about what happens during contact, whereas supervised contact at a contact centre means that any issues (such as turning up under the influence) have an independant person to sort it out.

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(@Nannyjane)
Joined: 12 years ago

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Posts: 5426

That is such a good point that actd makes, about going through a contact centre. My son is looking into it at the moment, here's a link to the service he is looking at ~ www.naccc.org.uk

I did think that the SS arranged this through their drop in centres, but when my son asked about it, they just told him to get legal advice!

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(@single dad gray)
Joined: 13 years ago

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Posts: 9

Well just a very quick update.Me and my little man are doing better than i could ever had dreamed! Its now over 14 months since he's been with me and almost a year{on the 8th August) since i was granted residency.I must be honest 14 months sounds like a long time but im only just allowing myself to sit back and tottally believe my sons now WITHOUT DOUBT safe in my care FOREVER lol..Its been a long hard worrying time but obviously would have done it ten times over to ensure my baby boys safty and quality of life.Thanks so much for the advice from you all the comfort it provided alone was more help than i think you may realise.
You people that dedicate your time and efforts to help and advise us dads-in-need are GUARDIAN ANGELS!!
Thanks so so much x
Dad & Son.

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(@Nannyjane)
Joined: 12 years ago

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Posts: 5426

Your post gives me a warm fuzzy feeling! I am so happy for you.

Can I be cheeky and ask how you dealt with the mothers request for more contact?

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(@daver)
Joined: 12 years ago

Noble Member
Posts: 1020

I hope you dont mind me asking but what was the circumstance and how did you do it? Also as Nanny Jane asks how do you deal with mothers request for more contact?

I am going through the courts requesting so9le residency at the moment and it seems all up hill and to be honest its getting me a little down at the present.

I could do with some inspiration. 🙂

Regards,

Dave

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(@single dad gray)
Joined: 13 years ago

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Posts: 9

Well Nannyjane first off I contacted "parent line" I think it's called? And there was a calm collected voice(unlike my own at that point) at the other end who pointed out that as the contact currently agreed too wasn't Really being stuck to RELIGIOUSLY eg. She wasn't even turning up to all the visits that was routinely planned, then when/if she was to actually go to court to ask for more contact this fact would go a long way in the judges decision making regarding extending/increasing contact! So I bided my time knowing that the "nature of the beast" would raise its ugly head and she would prove, all by herself, extending/increasing contact would only lead to more confusion and upset for my innocent little boy!! This she continually done,cancelling visits at last minute etc etc and then STILL asks for contact to be increased ? I simply pointed out a few times to her the track record she has laid down don't fair well for a case in court to increase contact and left that thought with her! She continues to cancel but has stopped asking for increased contact,so far so good xxx

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(@single dad gray)
Joined: 13 years ago

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Posts: 9

DaveR, I don't mind you asking mate,see my reply to Nannyjane regarding "requests for more contact" and the circumstances were as follows mate... I was never in a relationship with R's "biological mother" and right from early in the pregnancy she was drinking heavily to the extent she was taking into hospital 3/4 due to concerns for her "growing baby" once R was
born things seemed ok for about 6 months until I telephoned one evening like I did approx 4/5 times daily "to see of sue was ok and needed anything" bit this time I could hear she had been drinking!! It spiralled from there and long and short I found her unconsciously drunk 3 times while alone caring fort
Baby!!! The third occasion I could t take no more excuses or "sorry it will never happen again" so I took my son (he was 19 days before his 2nd birthday) called social services and that's when the fears doubles and the battle begun!! As I told them the 100% truth that I'd found her drunk previously their view was I was "also" possible an unfit parent for not informing them on the first instant?(this I sum what agree with!) however they was willing to "follow
Procedures" but informed me every step they would possible
Places
Poor
Little baby boy into care st the completion of their assessments!!! They assessed to the fullest of their abilities and recommended he stay permanently in my care
In their summery!! Then onto court and caff cass!! I obtained an interim residency order at the first hearing (mainly on the recommendations from SS) then was assessed by caff cass then a second and final hearing was finally heard approx 6 months after that first call I made to SS Md I was awarded full residency
Till R is 17 years of age.theres so many more details but that it in brief. An important point is despite all they knew about "biological mothers" mental state and risk she poses the judge still added "supervised contact" at my discretion?hence still having
to allow her NEGATIVE influence in R's life. But mate my son says to me "dad your
My hero" on a regular basis lol and he don't realise but
I suppose In a way I am!! And mate you are your
Child's/children's hero too and Heroes NEVER give up! I felt disheartened hourly while it was going on and hear I am now
Boy asleep in bed safe n sound. Keep up the hard work mate xxxx sorry regarding ger and spelling its
Knackering work lol.

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(@single dad gray)
Joined: 13 years ago

Active Member
Posts: 9

Really sorry residency is until 18 as usual and the typos are terrible!! hope It makes half sense anyway.

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(@daver)
Joined: 12 years ago

Noble Member
Posts: 1020

Thanks for sharing the detail....it is a grind going through this process.

My ex has had 2 strokes and suffers the associated mental, emotional and behavioural issues that you would image 2 aquired brain injuries come with. She has laso tested positive for drugs, the tests I have had to pay for.

I just hope that the judge now sees that I am telling the truth about the other allegations that I have made now.

On the face of it she had made a fairly good recovery physicaly, she still has right side weakness and cannot use her right arm so at times it seems that the mental issues are being ignored.

I have had to pay for a specialist consultant to examine her as well which happens next month.

Just so much money, expense and stress.

Regards,

Dave

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