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Nicola-mod, Moderator
Category: Law
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Hi, I hope you can help. My ex put a injunction against me

Customer Question

Hi, I hope you can help. My ex put a injunction against me a few months back and now she has just given birth to our kid. The injunction is against me not seeing or speaking to her but nothing against our baby. What can Ido to be involved in my baby boys life.
Submitted: 4 years ago.
Category: Law
Expert:  Max Lowry replied 4 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

Are you married please?

JACUSTOMER-ged5gvzc- : No I'm not
Max Lowry :

And what was the injunction for please (briefly)?

JACUSTOMER-ged5gvzc- : Harassment and threatening behaviour
Max Lowry :

Were you named on the birth certificate as the father?

JACUSTOMER-ged5gvzc- : Don't think birth certificate has been sorted yet, he is only 3 days old
Max Lowry :

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.

Max Lowry :

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.

Max Lowry :

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.

Max Lowry :

It is really important though that you do nothing at this stage that would breach the existing injunction.

JACUSTOMER-ged5gvzc- : How can I not do nothing at this stage? I can get solicitor involved now surely?
Max Lowry :

You can get a solicitor involved to contact her (or her solicitor), but you shouldn't do this yourself.

Max Lowry :

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.

JACUSTOMER-ged5gvzc- : Would it be better to apply to get the injuction dropped through court first then try talking to her because I have the police on my side to get things dropped . I kept it on just because it was easier not to have contact but now things have changed
Max Lowry :

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.

JACUSTOMER-ged5gvzc- : Cost no matter the matter is I still don't want contact with her I would like 3rd party's involved
Max Lowry :

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.

Max Lowry :

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.

JACUSTOMER-ged5gvzc- : Ok and if this was to happen and she disagrees to everything what do I do then?
Max Lowry :

Then you apply to the court for a contact order - which gives you permission to see your son.

Max Lowry :

So you can still get the chance to see him even if she refuses.

JACUSTOMER-ged5gvzc- : Can I get contact order even if injuction is in place?
Max Lowry :

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.

Max Lowry :

Does this answer your question for this afternoon?

JACUSTOMER-ged5gvzc- : Yes thank you very much.
Max Lowry :

You're welcome. Could i ask you to rate the answer as highly as you can for me please. Thank you and I hope you have a good day.

Max Lowry :

Please don't forget to rate the answer before leaving the chat. Take care and good luck with resolving this.

Expert:  Nicola-mod replied 4 years ago.

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