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hi guys ive a question please, having been in court process over 2 years on my own no solicitor, ive had a final hearing last week, and cafcass, and exs solicitor has made a plan?????? having contact with my baby who is 2.6 years old, im now getting only up 2 to 6 hours every 2 weeks? and 2 hours every teatime again every 2 weeks, and i think ive messed up i wanted more but the said cafcass and exs solicitor that if i chose to go in front of the judges i may get less????? is that it? im stuck with this 4 15 years only seeing my child so limited times, ive read that the none res parent,, dads, get every 2 weeks but this is well wrong i feel like a babysitter to my littleone, she dose no me been having contact in center over 15 monthes, but, now im out of court, seems so unfair not only to me but littleone to, she has more a bond to the exs friends,,,, and this well stinks,, has anybody on here , like this after all the exs has done to me , i get this.... family court., pppppppppppppp
Hi There,
That doesn't seem right to me you should have gotten more, and I don't believe that a judge would have awarded you less, I think that was the ex's solicitor trying to scare you into agreeing to their terms.
I don't know how you would go about getting things changed, or whether you would need to pay again to go back to court, hopefully someone will be along later who knows more.
GTTS
If you have alraedy agreed to this and court has accepted it and issued an order then to return it back to court in a short time you may find you don't get much favour from the courts.
If there is progression of contact from 2 to 6 hours over a few months ordered, then i personally would stick at that and look for increases in hours as the months go by.
Then if all has been progresing OK for say 4-6 months ask your ex (in writting so you have a record) for contact to be increased to full days with overnights or alternate weekends etc...
I would guess the order would have some flexibility built in for any extra time as can be agreed between you and the ex.
if she refuses then in my opinion you would be well within your rights to apply to court for a variation to the order to increase contact to what you are looking for. That would be a C100 form, you'll have to attempt mediation again before the courts will accept your application.
However, if within the next few months contact doesn't increase or if it is stopped by your ex then you are within your rights to apply for enforcement of an order C79 form, at which time you can then ask for the increase in contact.
Be nice when writting to your ex, don't be demanding and stick to it's int he best interests of "Our child" (not "my" child") to have quality and regular contact with you as most reasonable parents would do for their children when they separate.
Good luck
Excellent advice above.
The other option you have is that you could seek some professional advice and see if you have any grounds to appeal.
Everyone is entitled to a fair hearing and it doesn't sound like you had one.
It's not the easiest way forward and you would need help to do that.
Was it magistrates you had or a District Judge? If you did want to look into this option, I would move quickly as there is a time limit on submitting an appeal.
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