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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I took my ex to court to get access to my 13 mth son. ( She

Resolved Question:

I took my ex to court to get access to my 13 mth son. ( She has just been found quilty of attempted assault on me - she has 2previous convictions for assault on previos partners this revealed in court) during the 7mths waiting for the trial her bail conditions meant she was able to stop me seeing him. I took her to court for access on the day of the access hearing we came to an agreement that i would have him 10-12 sat morn and he would be handed over at a local park, the fortnightly for 4 vidits, then back to court. As she was still on bail her mother brought him to me and everything went ok. The next visit is due to take place tomorrow, she now claims she is unable to make the agreed time as she is taking her other son(not mine) to his swimming lesson. He was having lessons when the arrangements were agreed. I told her no probs she could be a few mins late but i would expevt the full 2hours. She then came back saying she can't leave him at the baths so wants me to go there. I want to stick to original arrangement. She has said she cannot comply.and if don't go ther i will not see my son. If i stick to my guns and end up not seeing him will this count against me when i go back to court? This is most likely going to happen every week. Before the assault i had my son 4 days and 2 nights a week. She could still be on bail conditions until she is sentenced in sept but i said they could be lifted to make access to my son easier. Judge wants to see how she behaves meantime.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Is there any reason not to collect him at the swimming baths?
Clare
Customer: replied 3 years ago.

Not really, the agreement made at court was for him to be dropped off in the park. If i go to the baths whats to stop her changing it again. She has a history of chopping and changing her mind and if i disagreed ''then you'll never see your son again''. My questions are if i refuse to go to the baths or any other place, which will no doubt mean i don't to see my son, is this going to go against me at the next access hearing? Or if i concede will this help my case next time or can i insist she comply with the court agreement. She has refused point blank to allow me to see my son since she was arrested.

Expert:  Clare replied 3 years ago.
Hi
I appreciate the annoyance that you are having to dance to her tune - but you have to ask yourself which is more important - seeing your son or standing on principle.
I am sure you can guess how the court will view it
Go with the change - then at the next hearing express your concerns about her inability to stick to any arrangements
Please ask if you need further details
Clare
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