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My partner and I can't afford legal help, which wasn't a problem until after christmas last year. My partner (before I met him) was allowed access to his children once every two weeks on a Saturday, but the mother stopped it after Christmas. He's used all his money on solicitors, sending her letters etc. but to came to no avail and now we have no money to continue paying for letters that get nowhere.
What can we do? He loves his girls so much and it hurts both of us that he can't see them.
Hi again CP 🙂
I'm sorry to hear about your problems and I want to reassure you that you can deal with this without solicitors and for a fraction of the cost.
There are two stickys at the top of the Legal Eagle section, the first is "Contact Order C100 Guide". This gives information about the form that your partner would need to fill in and submit to the court, and it costs £200. The other sticky that will be really helpful is "A Guide to Representing yourself in Court" which has lots of useful info!
There are lots of Dads that choose to self represent and it is very doable. If you decide to go ahead with this then we can help guide you through the process. There is plenty of light at the end of your tunnel! 😉
Often when applying to the court for contact, the judge will have expected mediation to have been attempted. There could be good reasons for not going down that route first, such as lack of communication with the resident parent or financial reasons. The judge may order that you both go to Court ordered mediation though before proceeding. It might be worth your partner inviting her along to mediation, and from the sound of it, she may well refuse! The fact that you have tried will go in your favour. There is a fee for this.
Heres a link ~ www.nfm.org.uk
Good luck with everything and do keep us posted 🙂
Thank you so much, NJ! 🙂
It's difficult for me as a daughter of divorced parents - the courts were fantastic and even though my mum hated my dad, she never restricted access (even when she probably should have!). It's frustrating to see things turn out like this.
I'll pass this on to him, and hopefully he'll be able to get started up again! We're hoping that with this new law coming into force next year (fingers crossed!) it'll be a little easier for him. He loves them so much, and it'll make us both so happy when he gets to see them again! :cheer:
...you could suggest to your partner that he writes to the mother outlining his intentions. He could ask if she would be willing to attend mediation, and put it to her that he has a legal right to see his children, and they him...He could say that he will go to court to get contact if there is no other choice, but it would be better for everyones sake, if it could be agreed without that happening. She needs to know that courts are very keen on both parents being involved in a childs life, and take a very dim view of resident parents that block contact for their own personal reasons....the judge is only interested in the best interests of the children and that is having both parents involved in their lives!
If your partner decides to try this, just make sure you keep a copy and send it recorded, signed for delivery.
I would also advise that you keep a diary and record all communication that involves the children, keep all txts and emails and avoid any contact over the phone, if thats not possible, then try and keep a transcript of the converstations. In fact keep a record of absolutely everything! You will find this a very useful resource if you need to go to court. 🙂
Best of luck 🙂
Thank you. He's tried doing some of that with the solicitor, but there's been literally no contact from her. Luckily she still occasionally talks to my partners mum, so we at least know the girls are ok. And she'll accept the Christmas parents he's sending to them (as well as the christmas presents he's sending to her son from another relationship - he was like a dad to the boy, but because my partner and the mum were never married, he'll not likely get any rights to see him 🙁 ). At least she'll accept gifts for the girls.
He pays CSA, so they're provided for alright. It's just so upsetting that CSA doesn't correlate with being able to provide for the children emotionally as well. But the money given to them is something to be grateful for. She refused to take it from him personally, and demanded it be done through CSA. This resulted in less money being given to his daughters, but she's too stubborn to accept anything else. It's so frustrating!
I'm trying to find the Contact order and other guide you mentioned, but I can't find it :unsure: I think I might be looking at the wrong things!
You have posted this in the "Current Affairs, News and Topical Discussion" section, located in the first part of the forum called "Pub Boards". if you scroll down you will come to the main body of the forum titled "Issues for Dads by Dads", the "Legal Eagle" section is about 11 sections down and has a scales of justice logo to the left hand side. If you click on this then the section comes up, at the very top there are some stickys that are orange in colour and you will find the two guides I recommended there. I hope that makes sense! 🙂
*facepalm*
Thank you. I think I'm going to need all the luck I can get!
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