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Starting court orde...
 
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[Solved] Starting court order process

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Posts: 15
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Topic starter
(@bighugsrus)
Eminent Member
Joined: 7 years ago

hi myself & my hubby have started court order process for his 2 children.

His ex wife has stopped us seeing them. this happened when money dropped due to him being unable to work.

She's also always controlling when we can and cant see the boys, accusing us of being undedicated etc

So she didn't respond to mediation and has stopped all contact including telephone since receiving the letter for mediation. Even before we initiated mediation she was being difficult about us seeing them & saying that at 9 & 11 they have their own phones so she doesn't need to be involved in telephone contact.

We can't afford legal representation as hubby is on sick and looks like he will be for next 3+months.

So once we've sent off the forms how long will it take to get a court date? has anyone used a McKenzie friend? is this likely to last for months because my hubby already thinks he's lost his kiddies :unsure:

25 Replies
Posts: 123
 Ldad
Registered
(@ldad)
Estimable Member
Joined: 7 years ago

Definitely can be a long process and all depends what your husband and his ex can agree to for contact.

From experience, each time my partner has applied it takes roughly 6 weeks to receive a court date. Never used a mekenzie friend, but his ex was not allowed to use her mother (due to being family - not sure if this is the case or a one off situation). My partner has always self represented himself mainly due to the costs for a solicitor.

They will put a child arrangement order in place that will set out when he is to spend time with his children etc. The mother is to make the child available for the ordered time. Depends on work but generally the father will have the children every other weekend and extended contact during school holidays.

The courts will push your husband and his ex to come to a mutual agreement by themselves but if they cant the judge will decide for them.
In my partners case, his ex stopped contact for 4 months and it took 2 hearings to come to finalise a child arrangement order. So first hearing was October and final was January (they put an interim order in place for that time). They told my partner he must rebuild contact slowly (his daughter was very young at the time) so he was only allowed 2 hours weekend then 4 hours/6 hours/8hours then overnight etc so although the process was a little tedius at the beginning the courts had to ensure it was in the childs best interest.

The court will always look for the childs best interest and im not 100% sure but as they are older they should be able to express their wishes as to whether they would like to see their father or not etc.

It is a difficult journey, we are still in the court process due to mother refusing contact making false allegations etc but hopefully yours can be smooth journey and the kids are worth it!

I can only speak on my partners journey through all of it.

Good luck

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Posts: 15
Registered
Topic starter
(@bighugsrus)
Eminent Member
Joined: 7 years ago

Thank you, an agreement would be nice but all communication is being ignored even by the children which makes my hubby worried ex is turning the children against him

We really need her to agree to help with travel as its a 3hr journey and too much in one evening to have weekend contact which is what we want. Currently hubby was traveling by train (cant drive due to health) for 5 hr visit or I drive us but driving after work on a Friday wouldnt get children home until midnight and she point blank refuses to ever help with driving.

Just wish we could have worked it out between ourselves and it wasn't a fight.

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Posts: 123
 Ldad
Registered
(@ldad)
Estimable Member
Joined: 7 years ago

I think we all wish that!

I think that the court will always promote the children to have contact with their father. I wouldn't know about long distance so wouldnt want to comment and get your hopes up/down.

As a personal view, it shows the court that the father is willing/dedicated to have contact etc doing that type of journey for just 5 hours. Im not sure they will be willing to do a Friday evening as its very late for the children to get home but as i said i have no experience/knowledge for long distance.

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Posts: 2917
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(@got-the-tshirt)
Famed Member
Joined: 12 years ago

Hi There,

If you haven't sent the forms in yet make sure that you add in a request for an interim order to be made at the first hearing, the court process can drag on, and some judges won't look at make an interim order unless it has been requested in the application.

if a interim order is made it could be a very basic contact but at least it's something while the court hearing continue.

Keep us posted and ask any advice you need we are here to help.

GTTS

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