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Category: Law
Satisfied Customers: 1410
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I’m max I’m 19. I pay everything toward my 7 month old son

Customer Question

I’m max I’m 19. I pay everything toward my 7 month old son but my ex is not letting me see him because I was late to pick him up. I need someone to enforce a shedule or just speak to her
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: No
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: West sussex
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No just want to sort this out to be honest
Submitted: 6 months ago.
Category: Law
Expert:  marcusmalin replied 6 months ago.

Hello Max, my name is Marcus.

I am sorry that you are having a difficult time.

I presume that you've previously had contact and that returning slightly late is the only reason contact has been stopped.

Your son has the right to a meaningful relationship with you and if mother is difficult you can make an application to the court for a child arrangement order to safeguard the time your son spends with you.

The alternative is to attend mediation to try and agree something. Sadly though if you do so there is no guarantee that she will adhere and therefore you could find yourself in the position of then having to go to court.

If you are minded to make an application to the court I can provide you guidance of how to do so if you intend to make the application yourself.

The court place significant importance on children spending meaningful time with both their parents and are pretty robust in making orders to ensure it happens.

Thank you.

Customer: replied 6 months ago.
I get to see him usually 5/6 days a week including me getting to have him overnight. If I go to the court I’m scared I’ll lose this privilege
Expert:  marcusmalin replied 6 months ago.

Hello Max,

In honesty that is a good level of contact at the stage.

If this is to continue then it is better to avoid going to court for sure.

For the sake of completeness in the future the level of contact you should expect would be every other weekend from Friday to Monday, half of all holidays and one or two nights in the week.

The weekday nights of course subject to you living relatively close and therefore being able to take your son to school in the morning.

For now however it is a case of building up contact gradually to the above level.

It does sound like you are on the right tracks and therefore if contact is to continue then just keep things as they are.

You only need to go to court if contact is stopped or not progressing in the way you would like.

Thank you.

Marcus

Customer: replied 6 months ago.
The thing is she is saying I’m not allowed to see him anymore. I’m not originally from this area and I don’t particularly like this area but I’m here solely for my son. It frustrates me there are not more fights for a father in which wants to see his son and does not want horrible messages all the time
Customer: replied 6 months ago.
Rights *
Expert:  marcusmalin replied 6 months ago.

Hello Max,

I am sorry for the delay in responding.

Maybe just give it a few days. Often stopping contact is a knee jerk reaction.

If however it does not blow over then you would have no option but to make an application to the court to ensure that your son spends time with you.

As I say the court are very robust and will order contact. You are in a good position as you have previously had contact and it was stopped for no good reason.

Thank you.

Marcus

Expert:  marcusmalin replied 6 months ago.

Hello Max,

I am just making sure that you received my last answer.

I would be most grateful if you would kindly rate my answer to enable me to get credit for it.

If you have any further questions please do not hesitate to ask.

Thank you.

Marcus

Customer: replied 6 months ago.
I did. Is a good step forward going to citezens advice? Maybe they could put me in contact with a solicitor. She has made false claims that I have taken class A drugs. This is not true and when and if I get tested she’ll see that I obviously haven’t. I believe she’s trying to make these claims to push me away as I live in this area on my own away from family and friends solely to be able to see my son as often as possible. Tell me what you think about what I said and what could I possible do or any amendments I could make to my process.
Expert:  marcusmalin replied 6 months ago.

Hello Max,

Do you think that she will stop contact for sure and not reinstate it.

It seems matters are escalating from stopping contact for being late to now suggesting you take drugs.

As you say that can be rebutted by a hair strand test.

This is the company I use:

https://www.aleretoxicology.co.uk/en/home/solutions/family-law/alcohol-testing.html?cid=187288578&adgpid=13199897298&itemid=&targid=kwd-77262011&mt=e&loc=1007044&ntwk=g&dev=m&dmod=&adp=1t1&gclid=Cj0KCQjwg73kBRDVARIsAF-kEH-W99c9rBjYVTOTFw9fMcU1AjOr1OwqESHLVv4BZ37Br0wNpf5yHKIaAvehEALw_wcB

If there is no prospect of her reinstating contact then you have no choice other than to apply to the court.

You can apply yourself - see link below.

https://www.gov.uk/looking-after-children-divorce/apply-for-court-order

If you want a Solicitor then the CAB would be able to identify a suitable Solicitor.

Thank you.

Marcus

Expert:  marcusmalin replied 6 months ago.

Hello,

I am just making sure that you safely received my answer.

I would be most grateful if you could kindly rate my answer to enable me to get credit for it.

If you have any further questions please do not hesitate to ask.

Thank you.

Marcus

Expert:  marcusmalin replied 6 months ago.

Hello,

I am just making sure that you safely received my last answer.

I would be grateful if you could kindly rate my answer to enable me to get credit for it.

If you have any further questions please do not hesitate to ask.

Thank you.

Marcus

Customer: replied 5 months ago.
Good morning,I was arrested yesterday on suspicion of ABH and threats to kill. Both the charges were dropped and the person making the accusations was my Ex as she wants to stop me seeing my son. The police understood this after I was interviewed. She has messaged me today saying “I’m coming to collect Arlo’s things, you clearly won’t be needing them” - “let me know what time I can come pick them up” I find it very strange that she is willing to come to my address after what she accused me of. Obviously she knows it’s not true and so do I but at this point I don’t feel comfortable with her coming to my address given the circumstances and given what she’s accused me off. What should I do in this situation? What legal rights do I have here?
Expert:  marcusmalin replied 5 months ago.

Hello Max,

I am sorry matters are getting worse although in a funny way such false allegations help as it shows her hostility.

As advised previously you should apply to the court for a Child Arrangement Order. In doing so you need to agree handovers in such s way that false allegations cannot be made such as use a public venue or ask a third party to help.

You just need to protect yourself and not place yourself in a position that further allegations can be made against you.

Thank you.

Marcus

Customer: replied 5 months ago.
Okay. In terms of what I should do today though, what do you think I should do about her collecting stuff?
Expert:  marcusmalin replied 5 months ago.

Hello,

Sorry - in honesty I am in 2 minds.

My initial reaction is to reply saying that she should not attend and that you will not be.

However on balance I would be minded to allow her collect your son's stuff as it is further demonstration of her hostility - but I would suggest you go out and let someone else be there in your place.

Thank you.

Marcus

Expert:  marcusmalin replied 5 months ago.

Hello Max,

I would be grateful if you could kindly rate my answer to enable me to get credit for it.

If you have any further questions please do not hesitate to ask.

Thank you.

Marcus

Customer: replied 5 months ago.
How do I rate your answer?
Expert:  marcusmalin replied 5 months ago.

Hello Max,

There should be an option for you to accept my answer.

Thank you.

Marcus