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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 32980
Experience:  Over twenty-five years experience
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My soon to be ex wife has not allowed to see my son now for

Customer Question

My soon to be ex wife has not allowed to see my son now for four months. Is she allowed to do this without having some type of court order
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas Judge replied 2 years ago.
She can do this I am afraid. It will be necessary for you to apply to the court for a Child Arrangement Order. You can and should invite her to a mediation - the law says that you must attend a Mediation Information and Assessment Meeting (MIAM) before you can apply for a court order about the arrangements for your children. If that fails then you must apply for a Child Arrangements Programme sets out the process for dealing with applications for child arrangements orders - this sets out the basis of the agreement and if she fails to honour the agreement then you can enforce the order. Please remember to rate
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Customer: replied 2 years ago.

So she and I have had a very bad relationship and we have both said extremely damaging things to each other. The only difference is that she recorded me and saved messages of me. She has done far worse but I never thought to record any of it. I am a good father and she always let me be with my son until I left her and she found out I was seeing someone else. She has also said that she will never allow my father to see his grandson because he condones my new relationship. My soon to be ex wife is a bit crazy so my father asked her to get help and stop stalking my new partner. This is the reason she has given for not allowing him to see my son.

Customer: replied 2 years ago.

So she and I have had a very bad relationship and we have both said extremely damaging things to each other. The only difference is that she recorded me and saved messages of me. She has done far worse but I never thought to record any of it. I am a good father and she always let me be with my son until I left her and she found out I was seeing someone else. She has also said that she will never allow my father to see his grandson because he condones my new relationship. My soon to be ex wife is a bit crazy so my father asked her to get help and stop stalking my new partner. This is the reason she has given for not allowing him to see my son.

Expert:  Thomas Judge replied 2 years ago.
Those really are not reasons to prevent him from having such contact - equally he should be allowed to see the child during your contact
Customer: replied 2 years ago.

So she and I have had a very bad relationship and we have both said extremely damaging things to each other. The only difference is that she recorded me and saved messages of me. She has done far worse but I never thought to record any of it. I am a good father and she always let me be with my son until I left her and she found out I was seeing someone else.Can she use these things against me

Expert:  Thomas Judge replied 2 years ago.
She can try and use this type of information in the court - but the court will be keen to ensure that you have a relationship with the child. Unless there are safety issues the court will try to ensure that there is contact.
Customer: replied 2 years ago.

What type of safety issues? Can you give me examples.

Expert:  Thomas Judge replied 2 years ago.
Domestic violence is the key one really
Customer: replied 2 years ago.

There has never been any domestic violence...physical domestic violence just empty threats on both ends which she recorded but I did not.

Expert:  Thomas Judge replied 2 years ago.
that should not be an issue then
Customer: replied 2 years ago.

how long can this process take. I haven't seen him in four months and I really miss him. is there anything I should be doing she sends me awful texts should I save those.

Expert:  Thomas Judge replied 2 years ago.
yes - but you need to start the process as indicated aboveplease rate
Customer: replied 2 years ago.

I did rate...I put excellent. One last thing...how long can the process take?

Expert:  Thomas Judge replied 2 years ago.
The process can usually be resolved within 6 months - but you would expect contact to start a lot sooner than that usually.
Customer: replied 2 years ago.

wonderful thank you

Expert:  Thomas Judge replied 2 years ago.
I hope that helps

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