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Hi, welcome to Just Answer. I will help you with your question.
Are you married please?
And what was the injunction for please (briefly)?
Were you named on the birth certificate as the father?
Okay. Whilst the injunction is in place, then you are not going to be able to take steps to see the baby whilst she is there and I expect wherever the baby is, she will be. At least for now.
What you will need to consider doing is seeking her consent to see your son, although you will need to do this via solicitors, otherwise you may be in breach of the injunction, which will land you in trouble and jeopardise your ability to see your son in the future - so don't breach the injunction.
You can apply for parental responsiblity to the court if she will not agree to this, and then make an application for a contact order, which allows you permission to see your son if she will not agree.
It is really important though that you do nothing at this stage that would breach the existing injunction.
You can get a solicitor involved to contact her (or her solicitor), but you shouldn't do this yourself.
It's too risky if you do it personally, as she will say it's harassment etc. and you may be in breach of the court injunction.
You could do that, but you would need to apply to the Court to get the injunction removed. There is no guarantee that would happen. The best, and cheapest approach, is to get a solicitor to write to her and try and reach some agreement on this if you can. If not, then apply to the Court, as that is where the cost starts to build up and things get more difficult. The best thing - get a solicitor to write to her first before applying to discharge the injunction.
That's fine and achievabe. But, ultimately, it needs her consent to see your sona at the moment. Without that, you need to go to Court. But to get her consent, you should get a solicitor to write to her because of the injunction.
If you want to apply to life the injunction you can do that, but personally, I think the idea of getting a solicitor to write to her is far better at this stage.
Then you apply to the court for a contact order - which gives you permission to see your son.
So you can still get the chance to see him even if she refuses.
Yes, this is possible too. The Court would have to potentially change the terms of the injunction, such as allowing you near her to collect your son, but perhaps with only third parties present - nominated individuals perhaps. It can happen like that, and does quite often, so don't worry about the injunction preventing you seeing your son.
Does this answer your question for this afternoon?
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