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Hi,
I have been denied access to see my daughter for the last 6.5 years (she is now 8 ) and i have been continually fighting through solicitors, i have had some direct contact over most recent years and indirect contact since it has got to a point where i have made an application to court in which the week of the first hearing i received a letter to say my ex partner is in the hospital with serious injuries which is the first time i had heard anything about it happening, the courts said to go any way and to explain everything on the day, the had ordered a section 7 to be carried out.
since then my daughter has been being looked after by ex's boyfriend and his family and he has now stopped all my ex's family from seeing her as well bare in mind he has no parental responsibility.
second hearing date coming up and ive been told that because my ex could potentially remain in hospital for a couple of years that the courts may decide to postpone any contact orders for a few years.
Please can anyone advise where i stand if this happens? or if there is any advice anyone can give it would be much appreciated.
Hi Mark
I'm wondering if you could add a further application to the existing proceedings, adding the ex boyfriend as a party to proceedings so that he has to attend. Or possibly changing your application to one of residency rather than contact and naming the boyfriend as a party. As you have a solicitor I can't ask that the legal experts at the CCLC come and offer some advice., it might be a good idea to speak to your solicitor asap about the options I have suggested. It is possible to add further application or parties to existing proceedings and form C2 is what is required to do this.
If the court decides to postpone (who advised on that?) I would then bring a new application for residency, naming the boyfriend as a party, citing the fact that he has taken over the care of your daughter, has no PR and is preventing you and maternal family from having any contact.
Best of luck.
Thank you, this is most helpful, the cafcass officer told me that being postponed could be a strong possibility (the 2nd hearing will still be taking place) however the outcome could be that "given my ex partners situation it might not be the right time"
depending on the outcome a residency order sounds like a next step but wouldn't that conflict with the contact order?
It's up to your solicitor to argue strongly against postponement. It doesn't seem it has ever been the right time and forgive me but this isn't about your ex's situation, as sad as that is, this is about your child's future security and her right to have her father involved in her life!
Residency doesn't conflict with a contact order, if you were to be granted one then I would concentrate on building a bond with your daughter and then when that is established take the next step and apply for residency.
I feel the important thing here is getting the boyfriend as a party in the case as he is the one that has assumed parental responsibility, even though he doesn't have it.
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