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I am in a current situation that I can not see my child of 15 months, however the solicitor is delaing with this. My problem is that my childs mother had stated that if my son has any contact with my mother she will leave the country and that she can do this without my say so, I didnt think this was possible untill I looked on the post office website about passports and to me this was very confusing but it seemed to state that if she has full custody, which she does has i have no contact she doesn't need my permission to do this. To me this is a very tricky situation as i have always maintained a heathy and active relationship with my mother but I dont want to cause the risk of 'Flight'.
I do understand that I can get a court order to prevent this from happening but how can I get one when I dont even have contact at the moment and is this possible to get one ?. f this is possible to do so and i can prevent the 'Flight' then my other concern is she will move to the other end of the country and try to stop me having contact that way is there anything in the court of law that I can get put in place to prevent this, however I do not want it to make her feel has she is grounded and that everything has to be put past me first. if anyone can help it i would muchly appreciate thank you kindly Gareth
I presume that your solicitor is applying for a contact order. To be honest, I wouldn't push the situation at the moment, once you have a contact order in place, your ex can't take your child out of the country for more than 28 days without the permission of the court, and if you have worries about flight, I'd ask your solicitor to raise this with the court. Also, once you have the contact order, your ex can't determine who you see with your child during your contact (as long as there are no worries for the welfare of your child, which I assume isn't a problem in your case), so the ideal situation is to get the contact order as fast as possible.
well my solicitor is pushing for me just to see him but not via the courts .. the ex has 14 days to contact my solicitor if not then it goes to court but my solicitor says the flight is not important seein him is however then i will have to go through the courts when i break her unreasonable terms that have not been set up by a solicitor just her being her power mad and usin my kid against me to do what she wants me to do as she knows this is my only weakness
sounds like your solicitor has the right priorities, in my opinion. once you have contact, then go for all the other things.
but the contact will be broken once the child meets my mother has my soilicitor will not take this into consideration when i tried to explain the situation and the flight risk
What I meant is that once a contact order is in place, your ex can't decide who your child sees when they have contact with you (unless there are concerns for welfare/safety) - if she withholds contact, then she is in breach of the contact order, and there are then penalties that the court can apply (though it can be an uphill battle getting them to enforce from the stories I have seen on here). This is why the priority has to be to get contact, as without that, nothing else is relevant. I would say that the time to raise the point about the risk of flight is when you are actually in court just before the contact order is about to be issued (especially if you have any documetary evidence that this is the case), but I'd ask your solicitor for his opinion on this.
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