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ReadyLaw
ReadyLaw, Lawyer
Category: Family Law
Satisfied Customers: 1840
Experience:  Bar Professional Training Course
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If my ex husband is deliberately refusing to allow my son

Customer Question

If my ex husband is deliberately refusing to allow my son access to a wheelchair when it has been recommended by OT and GP is there anything that I can do? I spoke to a doctor about it and she said it was a criminal matter, but I don't know if this is correct.
Submitted: 2 months ago.
Category: Family Law
Expert:  Virtual-mod replied 2 months ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  ReadyLaw replied 2 months ago.

Good day your question has been forwarded to me to see if I may be able to assist

Expert:  ReadyLaw replied 2 months ago.

How is he denying access? What has he done?

Customer: replied 2 months ago.
Refusing to make him available to be measured for one. I already have one but it is too small and he has refused to use it for years. He is putting him in danger by not using it. He falls over a lot and gets tired on long trips. He has autism and tries to bolt off too. There are lots of reasons why he needs one. But he just won’t let him have access to one. I can’t physically move him without one. And now I can’t even see him because I can’t go to collect him from his fathers home without a wheelchair
Expert:  ReadyLaw replied 2 months ago.

Thank you for the additional information.

I am sorry to hear that this could not have been amicably resolved with dad, particularly as this is in your son's best interest. If he fails to allow this you may find that you have to go to the court for this specific issue to be resolved. You would have to apply for what is called a specific issue order.

Before doing this however, the court requires that you first attempt mediation. During mediation you both would speak with an independent third party to see whether this could be resolved amicably. If either of you qualify for legal aid, you may see whether you are able to get this done free of cost.

Here is a link to where you may be able to find mediators that are local to you.

https://www.familymediationcouncil.org.uk/find-local-mediator/

If after having conducted mediation he still is not willing to allow your son to have access to a wheelchair then you would have to then apply to court for this issue to be resolved. You may do this by completing the below form:

https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge

The court will have to assess whether it is in his best interest to have access to this wheel chair. Just having a preliminary look at what you have said, i cannot see no reason for him not to be amenable to your son having access to the wheelchair.

Hope I clarified things for you. Kindly let me know if I may be of further assistance.

Kindly take the time to indicate your acceptance of the answer given. You may do this by clicking on the stars at the top of the page.

All the best

RL

Customer: replied 2 months ago.
This abuse has been going on for many years. I don't think it can be dealt with through mediation. Every single thing I have to beg him for. He has taken him off all his medications to help with sleep and is locking him in his bedroom every night and saying he is sleeping fine, when it is not true. I have reported it to the police and to social services and they wont do anything. It is absolutely horrific. He has a very rare syndrome that causes learning difficulties and sleep disturbances, amongst other things. The OT already referred him for a wheelchair last year and GP agrees he should have one. The only reason I can think that he is not being allowed one is because his father refuses to consent to let him have one. I cant physically move him and have not been able to see him since last October because of this. The GP is concerned that my son is being denied access to his mother and has asked what I need to facilitate it. I explained that I needed a wheelchair and a carer to support me, but everything just keeps getting stalled by my ex husband. It is the most horrific kind of post separation abuse, as it has been going on for more than 6 years now. It is now affecting my health.
Expert:  ReadyLaw replied 2 months ago.

Even if mediation will not be successful, the court mandates that mediation is to first be attempted. Once you have attempted mediation and he does not attend or it is unsuccessful you will be given a mediation report to take to court explaining the attempts which were made by you.

Customer: replied 2 months ago.
He has sexually assaulted me. I can’t mediate with him. I can’t possibly imagine that the court would force me to mediate with that surely? My social workers say I shouldn’t need to go into mediation when there has been domestic abuse
Customer: replied 2 months ago.
the fact is he is simply withholding the wheelchair as a continuation of this abuse
Expert:  ReadyLaw replied 2 months ago.

If mediation is not an option you would then complete the form C100 explaining therefore that mediation would not be possible because of previous issues of domestic abuse. In those circumstances the court will proceed to a hearing to determine the issue