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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Can you help us please, My husband has a court order to see

Resolved Question:

Hi can you help us please,
My husband has a court order to see his daugter but his ex and mum are stopping him from bringing her home at weekend to be with our family my husband asked his daughter Annie rose if she would like to come and see us and she has said yes but looks very uncomfortable about it ! we believe she is being loyal to her mum and we know her mum doesn't want annie around my husbands married life in her words! so he is forced every weekend to go to his mums to have his daughter and leave us at home we are not happy with this as we are a lovely family and feel annie is missing out we have a 9 month old baby too lee being away from the home every weekend is not suitable and very upsetting for us all . what can we do ?
Submitted: 7 months ago.
Category: Law
Expert:  ukfamilysolicitor replied 7 months ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

I am sorry to hear about the difficulties that your partner is having with the mother of his daughter.

Please may I ask:

- how old is his daughter?

- when was the court order made and what does it say?

- how long have you been married?

- does his daughter know you - have you spent time with her before?

kind regards

Caroline

Customer: replied 7 months ago.
my husband went to court in 2013 to have rights to see his daughter annie and was granted weekend and holidays and that he could take his daughter were he wants to take her Annie rose is 7 now since the order his ex was obsessivly txting my husband up to 160 txt in 6 weeks ! I comfronted her about this as I was sick of it and it has caused problems since ! she said I was jelouse and had no rights to say anything I was fuming as Annie had been to see us with head lice bed wetting not eating properly and non of these things were even mentioned in the txts we were finding these things out for ourselves I was discusted and wanted to help . my husband felt he had to reply to the txt or his ex would not let his see annie the weekend after! when lee first started seeing annie ahe was with us all every weekend I have a 7 year old daughter too and a 17 year old son we all grew very close annie and ruby sometime too close if youn know what I mean like real sister argued 1 min playing the next . the visits together stopped whan I was pregnant last year in may then annie started going to lees mums instead of us after a fall out nothing bad an agruement . lees mum believes his weekend she be just for annie and his ex does too lee and I want us all together as a family
Customer: replied 7 months ago.
please excuse my spelling
Customer: replied 7 months ago.
we have been together for 5 and a half years married in 2014
Customer: replied 7 months ago.
Lee fell out with his mum and the mother of his daughter this weekend as his mum said he doesnt do enough for annie and his ex has said from now on he must go to hessle for a few hours to see his daughter or his mums! lee is very upset as he wants to do more for annie and spend more time withe annie but his mum and ex are giving him orders on how todo it and the orders are to be away from our family home every weekend away from us and our baby and other children ! . I do think annie rose should have some personal quality time with her dad this is important but we are a family and we all have family time at weekens and holidays we have recently changed to 1 weekend at home 1 at his mums but this isnt enough according to his mum and ex he should spend all weekends away from home with them he is frustrated and really wants to see annie rose but want to be with us also can his ex stop him from bringing annie rose home what legal rights does he have we don't want to go back to court we went to court before as we knew there were going to be problems and didnt want it to go on when annie was old enough to be effected ! .
Expert:  ukfamilysolicitor replied 7 months ago.

Hello

I am so sorry to hear about the difficulties that the mother is causing.

You really do need to return matters back to court to enforce the court order that your husband has to see his daughter.

Supervision is an appropriate step if his daughter needs to be safeguarded from your husband - but this doesn't appear to be the case if there are no concerns in respect of your husband being with and caring for your children and the child that you have together. A year is also very excessive and his daughter does need to be able to spend quality time with your husband and your family and her half sibling.

In the first instance - your husband is going to have to refer matters to family mediation before he can apply to court. This is a new provision and he will have to do this otherwise the court will reject his application. There are lots of family mediators and there will be one local to you. Just google family mediation in your area and give them a call to get the ball rolling.

If the mother wont agree or engage in mediation then the mediator will sign the form that your husband needs for court. This is the C100 form. The court fee is £215 - although you may get some money off dependant on your circumstances.

In the application it needs to be explained that the mother is unduly restricting contact.

I would also ask the court to record in the order that the mother can only contact your husband if it is related to his daughter and not whenever she wants.

Kind Regards

Caroline

Please kindly remember to star rate our service

Expert:  ukfamilysolicitor replied 7 months ago.

Hello

Thank you for your further message.

I do think it is very important that your husband returns matters back to court - so that you can get on with having a family life that is not being unduly restricted.

Kind Regards

Caroline

Customer: replied 7 months ago.
Thank you Caroline ,I am sure your advise will help My husband is a good man and wants to be a good dad to all of his children . This has been a problem for too long now and causes us all great stress I will be glad to have us all back together . thank youKind regardsLisa
Expert:  ukfamilysolicitor replied 7 months ago.

Bless you Lisa

If the court has previously made an order - then they were also convinced that he is capable of spending time with his daughter.

The fact that he previously has such an order will help him.

The mother shouldn't be restricting the relationship for no good reason. You need to be able to have a family life.

Best to start the process so that this can be sorted out.

let me know if I can help you further.

kind regards

Caroline

ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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