Another access rights question sorry....

mum2twinsx2

Sorry my blood is boiling over this at the moment, really need some release....:mad:

Brother and his ex GF split up after 4 years and two children after she was unfaithful three times during the relationship. They split up 8 months ago. She also suffers with severe depression.
Everythings been fine with access from the beginning until now. This is because my brother has a new GF. The new GF hasnt met the children.
He was having the children at my mums [where he lives] two nights and two days a week. She first stopped access last week and he managed to get her to agree to let him have the children but only at hers and she would go out.
Now she refusing that, no explanation to him at all. We all know it is jealousy that my brother has moved on.

She is refusing my brother to see his daughter on her 4th birthday with no explanation which is tomorrow. She is also refusing any other members of our family to see her on her birthday. Which took some explaining to my children that they couldn`t go to there cousins party now.

He is off to a solicitor tomorrow to attempt to get the ball rolling in getting in some sort of access. He did end the relationship, never any history of violence. So she has nothing against him. If anything he has stuff against her as she has started smoking cannabis.

Would he definantly get some sort of access?

mrsspendalot

A solicitor is likely to first write a letter advising the mother to reinstate contact, and warning that if she doesn't then they will take action through the courts. They tend to hope that is enough to get things sorted, and many times it is. After that it would be a lengthy and costly process of going to courts for orders etc.

zoesmummy_2006

hiya, im going through this with my ex, though roles reversed he left me/is in new relationship etc. my solicitor who is dealing with my divorce said that fair contact would be every other weekend fri night to sunday night and then the week he doesnt have them at the weekend he has one night in the week. i dont know whether they suit it to each situation etc but it would be worth a visit with a solicitor, the free half hour session, just to ascertain his rights and then take it from there.

pigpen

As their father of course he will get contact.. he needs to get to the solicitor asap and get it sorted.

mum2twinsx2

Thanks for advice so far.
He has an appointment on monday for a solicitor.
It is so so so frustrating, as it is so petty. It also so horrid too see your older brother reduced to tears. He is almost 30 I dont think ive seen him upset since he was seven maybe eight.

pigpen

She might grow up a bit after a couple of days of them playing up.. I hate children being used like this it is so sad. I begged KH to see ours more and he simply doesn't want them... what can you do *shrug*

mum2twinsx2

pigpen wrote: »

She might grow up a bit after a couple of days of them playing up.. I hate children being used like this it is so sad. I begged KH to see ours more and he simply doesn't want them... what can you do *shrug*

Yeah im hoping that too. She has two other children who are 6 and 8 by another man. I dont know in`s and out`s of there relationship with their Dad, but they go one night during week and one night at the weekend. I think.
Worst thing is I have to see her most days as children attend the same school, biting tongue is so hard when comes to family. i may just smile knowing she is making such a foolish mistake, and one day she will wake up and realise it.

fannyanna

pigpen wrote: »

As their father of course he will get contact.. he needs to get to the solicitor asap and get it sorted.

Unfortunately that's not always the case.

There are plenty of men that spend an absolute fortune getting legal advice and going through the court system and still have problems with access.

Hopefully things will be differnt for the OP's brother.

pigpen

that is usually down to the parent with children refusing to let the children go, there has to be a darn good reason for the courts to not grant a contact order.

fannyanna

Yeah that's my point. Just because someone gets a court order doesn't mean it will be complied with.

gratefulforhelp_2

OP there isn't a lot of point in bothering about who did what to whom in the relationship, unless there is a history well documented of violence/drug/alcohol abuse, no-one in the court process will be interested.

Also...the rights of family members tend to be consequent on the rights of the non resident parent...so until he gets his contact sorted, theirs won't be.