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I don't know what to do and I'm at my wits end! I have a shared residency order (Aug 2008) with very defined contact for my ex-wife (all other times I am responsible for my girls age 8 and 11).
A month ago she got a full time job and told the girls they had a choice, live with her and see her every day or live with me and never see her! Needless to say both girls got very emotional and unhappy. I got a text from ex on Monday 22nd June saying oldest would not be returning from weekend contact and wanted to live with her. I have tried to contact my daughter by email but she will not respond. The youngest who I pick up from school everyday continued to live with me and due to the breakdown in communication and her mother starting a new job stopped having contact with her mother.
She was happy but wanted to see her mum so after 3 weeks and against my better judgement I let her go on Friday for the weekend. On Sunday I got a text from ex-wife that youngest has Swine Flu (have now found out this is untrue) and will not be returning and is being looked after by her partner while she is at work. She will not be returning to school and they break up tomorrow.
Today I got phone message saying that girls will remain with her and I can ring them if I want.....
I applied to the court 3 weeks ago for an ex-parte hearing to vary the contact but mainly to get the current order reinstated to regain contact and find out what on earth my oldest daughter was being told. The judge said she would not rule ex-parte and adjourned for 1 week. Ex-wife was served papers and didn't turn up week later. She wrote to court saying she was working full time and couldn't attend and oldest daughter didn't want contact with me! Judge adjourned for 2 more weeks I am due in court this Thursday. My ex-wife has already told me she will not be attending.
WHAT CAN I DO...I'm losing my mind with worry. The girls are clearly being poisoned by her lies and entertained so that they don't miss me? The court seems unwilling to do anything. Also note that my ex-wife has had 5 stays in Mental Hospitals, her 2 year old daughter by a different dad was awarded to her dad sole residency in May 2009 and she is not seeing her at all at the moment, due to her new job.
What can I do? Where should I go? All I want to do is see my little girls! Please can you help?
Hi Petitor
Man that's a horrible situation, I really feel for you. 🙁
We would recommend you contact the Childrens Legal Centre (CLC) ASAP and discuss with them the current situation. The CLC are actually our legal experts and so we will ask them to read your thread and make a comment. However if you can't wait for them to reply you can find their phone number here.... http://www.dadtalk.co.uk/directory_of_s ... l%20issues
It sounds like you need to take the same route as the other childs father and get sole residency too.
Let us know what happens, we'll be thinging of you.
Dear Petitor
We understand that your situation must be very frustrating at this time. However, you have already taken the steps which we would recommend by making an application to the court. Unfortunately, it is now a case of waiting until the next court hearing to gain contact with your children. There is no way to enforce an order or change an existing order without the input of the court.
It may be a good idea to keep a diary of all the events leading up to the hearing. The hearing may go ahead without your ex-wife being present and if she does not appear at court then this is unlikely to count in her favour. The judge can decide to grant an order in your ex-wife’s absence although are generally reluctant to do so. The judge will make a decision in light of what is felt is in the best interests of your children.
If you require further advice relating to court proceedings or any other issue of child law then please do not hesitate to contact us on 08088 020 008 or visit our website: www.childrenslegalcentre.com .
Kind regards
Children’s Legal Centre
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