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Gents advice and guidance needed,
in Oct i split from my partner, later found out that she put a NMO in place. i attended the hearing with legal council, and agreed a NMO without blame for 6 months.
the order had the usual restrictions in but also had a clause on access to the children (supervised and facetime access) to be arranged via her mother,
this access has been completely refused. since Oct i have seen my kids twice for a total of 4hrs, and facetimed about 6 times. this stopped on Dec 11th
i instructed my solicitor to issue a letter to her requesting access through contact centres and that face time should continue as this is effecting my sons behaviour and wellbeing (and also my wellbeing). i have been amicable to every demand from my ex and was being drip fed access (facetime) as a carrot to agree to other terms such as financial issues etc.
so, if access forms part of the order - what action can i now look at starting as i am actively being alienated from my children - my children are my life, and i love them both dearly - this is ripping my heart out not seeing them.
comments please gents....
hi,
I think you need to have a fixed arrangement in place, such as your kids staying with you every other weekend, mid-week access. if your ex will no longer allow contact, you should apply for a childs arrangement order. c100 form:
https://apply-to-court-about-child-arrangements.service.justice.gov.uk/?utm_source=formfinder
you can do this without spending lots of money on a solicitor.
@bahhumbug. Sorry I am very inexperienced, so no advice from me. But I know how painful this is, especiamly in these festive periods.
Stay strong, and no matter what, stick to the NMO order (that was the advice from my solicitor).
All the best
thank you, that was the basis of the letter that my solicitor sent her, requested a reply with 6 days.... so after xmas now... really frustrated, angry and also filling with anxiety on this.
thanks for the reply mate - all the best for Xmas and tier 25 in the looming 2021 lockdowns
im currently logging all texts, access and contact from my ex, also the amount of access that has been permitted, as will used as far below suitable and sufficient access standards.
don't even know if my xmas cards will be given to the kids, let alone if daddy will be added to the present tags....
I'm adhering to the order to the letter, and intend to do so, thus enforcing my case at a later date,
Hi Bahumbug
It's difficult especially at this time of year.
Sticking to the order is critical, even if u find out child is ill do not breach the order otherwise you will be considered so violent that not even a court order can stop you and contact will be restricted for longer.
I think there is a common misconception that where access is mentioned on the NMO that this is a court order guiding on contact. Actually the reference to contact on the NMO is actually an exception/exemption to the NMO terms in that you cannot contact ex except for child contact usually via an approved third party or a solicitor. Therefore your ex not allowing contact is not a breach of the order and the wording being there does not compel her to allow contact or to engage with you. All your solicitor can do is write to her etc etc...
As Bill has mentioned you need to go down the route of applying for a Child Arrangements Order via C100.
In the meantime it is also critical to focus on yourself and your well being (mental/physical) so that you are fit and well for the upcoming challenges that you may face... Hopefully your ex compromises etc but the fact she has gone down NMO route is probably an indication of the way things are going to pan out.
The process isn't quick, your ex can and may use every tactic in the book to frustrate you. Do not cave in to financial compromises just to see your child, in the long run you may regret this depending on the overall value of any financial settlement..
As others have said you can keep your legal costs down by representing yourself and using assistance from this forum, however it has to be something you are comfortable doing and can hold your own.
Do not let anxiety get the better of you worrying about whether your child has received presents or cards, it's easy to say but you need to remain strong, ultimately focus on things you can control.
All the best..
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