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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 7041
Experience:  Barrister at law
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My ex is stopping me seeing my son for no reason but to

Customer Question

My ex is stopping me seeing my son for no reason but to punish me for wanting more time with him. I am supposed to pick him up from nursery this afternoon but she has said I can’t, I just want to know if I can turn up and get him or not?
JA: What steps have been taken? Have any papers been filed in family court?
Customer: We’re going though mediation at the moment, it was agreed at the last meeting that his routine should stay the same until the next meeting but she’s decided to stop me seeing him
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does he live in?
Customer: He lives in Wrexham, I know where the magistrates court is yeah
JA: Anything else you want the Lawyer to know before I connect you?
Customer: That’s all
Submitted: 14 days ago.
Category: Law
Expert:  plclegal replied 14 days ago.

Hello, my name is ***** ***** I’ll do my best to assist you today and I’m sorry that you are going through this.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

I'm reviewing your question and will revert back to you shortly. Please do not wait on line for a response, you will receive an email notification from JustAnswer to tell you that I have sent a reply.

Customer: replied 14 days ago.
Ok thank you
Expert:  plclegal replied 14 days ago.

It's positive that you are already going through mediation. It's an important step to trying to find a resolution.

Unfortunately, a mediation agreement is not legally binding, and there is not yet a court order in place.

So technically you both have equal rights at this point, and no-one can stop you from collecting him if this is what you wish to do.

The issue that you may find is that if there is a confrontation at the nursery, it will be you that comes off worse. Nursery staff may side with your ex if they are more familiar with her, she may also play the victim card. She may be trying to goad you into a confrontation to use this against you in court.

My advice in these situations is always to err on the side of caution - she does not have the right legally to dictate when you can and can't have your son, or change agreements last minute, but unless there is a court order in place it's simply a case of your wishes against hers. Dads nearly always come off worse in confrontations and public arguments. It can also be upsetting for the child to see their parents rowing in public.

If it's usually your day and the nursery knows this - you could consider turning up early (having telephoned) to collect him in advance. That avoids a confrontation. But be aware it could provoke a reaction and she might stop all contact - which you cannot do anything about until you are in court. It's not fair, but I'm afraid this is the reality that many face in your situation.

Until you have a court order, there's no way to enforce your contact or punish your ex for changing the plans without your agreement.

Ultimately this is your call whether you go to collect him, but I have set things out for you so you can make an informed choice.

Hopefully, I have answered your query in a way that is simple and easy to understand. If you have specific questions arising from my response, let me know and I’ll happily clarify for you.

In the meantime, thank you once again for using our services.

Please be aware that my answer is based strictly upon the information you have given me and is provided by way of general advice.

If you still need any points clarifying, I will be happy to reply because the thread remains open for you.

I am always happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the thread.

Thank you for your trust in our service.

Best wishes,

Peter

Customer: replied 14 days ago.
Thank you for your time, I assumed that was what you were going to say, I’m going to get a court order sorted the last thing I wasn’t is a confrontation at nursery or for my son to get upset
Expert:  plclegal replied 14 days ago.

I'm happy to have been able to assist, though I do understand the frustrations here. You would be doing the right thing by avoiding confrontation, in my view.

If you do have further questions, don't hesitate to come back to us here at JustAnswer.

Kind regards, Peter

Expert:  plclegal replied 13 days ago.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter