Please help me regarding access to my son.

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Comments

  • TBagpuss
    TBagpuss Posts: 11,199 Forumite
    First Post First Anniversary Name Dropper
    With regard to the Christmas gifts, having Christmas at both homes should not be an issue, but if the gifts you have collected are the ones from "Mummy and Daddy" I would suggest returning some of them, so that he gets gifts from Mum and Dad on Christmas Day, and then more at your home. Presumably he will also have gifts from both sides of the family so it isn't all or nothing, but not having anything from Mummy and Daddy would be upsetting for him.

    In relation to the longer term arrangements for Residence and Contact, ifwhat you are proposing is an arrangement where he spends one week i3 with youm and 2 with her, with some contact to you in the 2 weeks he is wiotrh mum, you need to be able to put forward specifc proposals about how this will work.

    Things like:

    - where you each live, and how close both homes are to his school
    - arrangements for communication, to make sure that you can keep each other up to date with anything like Reading or homework.
    - consideration of the relationship with his half sister
    - Whether it will work in practice for your son - how does he do with changes in routine? Of ourse you would be looking to introduce a new routine, but this is easier for some children than others
    - continuity of other parts of his routine. For instance, if he goes to nursery / child minder some days when he is with mum, would you be willing for him to still go (and for you to pay for) that during the week he is with you, so he has continuity (and bear in mind that most chid minders etc won't be able to accommodate 2 weeks out of 3, so will ned to be paid even if he doesn't go the week he is with you.

    -What if a 1 week in 3 pattern won't work? What is your alternative? 1 three week cycle rather than a fortnightly one isn't unreasonable, so he spend longer periods with you in the week you shifts mean you are not working than in those where you are, but try to come up with some specifc suggestions - e.g. Thurs-Monday (or Sunday night) rather than just "I want him to be with me more)

    Try to listen to what your ex says - just because you and she are not in a good place at present doesn't mean that her views or concerns aren't valid. Don't dismiss them out of hand, but consider what she is saying and how you can address any concerns she has.

    Don't focus on %s. It doesn't present well, it's not child-focused.

    remember that if you go to court, the issue the court has to look at is what is best for your son. It is not about being 'fair' to you and his mum, but about giving him the bests arrangements possible taking into account issues kike his need for routine and stability, his relationships with siblings etc.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Spikecast
    Spikecast Posts: 62 Forumite
    edited 7 December 2018 at 12:36PM
    Thanks for the further replies. I instigated mediation on 29th November as she is pretty much refusing me any reasonable access, refuses to let me see him even for a few hours on my days off mid-week so I'm missing out on his activities such as swimming on an evening etc, there's just no reasoning with her to the point where I'm being accused of being intimidating for simply asking to spend some time with him, it's her way or no way now. She's constantly playing games saying she's had no contact with the mediator despite them writing out to her, emailing and contacting her via phone, stalling on what she would like to do about the house etc. I'm going to let mediation run its course if she ever engages regarding child access and hope she will see sense and produce a sensible proposal regarding access. I'm seeing a solicitor regarding the property to see what options are available to me moving forward.
  • Spikecast
    Spikecast Posts: 62 Forumite
    Hi all - Just an update with how things panned out.

    I applied for a Child Arrangements Order in January 2019 due to ex being completely unreasonable not allowing me to see my son during the week or half of school holidays. I was only allowed to see him 4 nights over my 3 week shift rota. As soon as I applied ex decided to file a C1A against me making numerous malicious and unfounded allegations of abuse against me (physical/emotional/financial etc). I then felt my hands were tied and filed a separate schedule of allegations mainly around coercive control from my ex partner.

    We had 3 hearings in total, first hearing was back in Feb and was directed to a further hearing in April whereby a district judge was allocated due to the allegations raised.

    Second hearing was in April, allegations were dismissed and no fact find hearing was ordered as judge said that ex had been promoting contact with my son with me and stated no safeguarding concerns yet she filed a ridiculous amount of allegations which totally counteracted the fact I'm fine around my son.

    Just to also add that cafcass were involved in my case. They were absolutely hopeless, always taking mothers word as gospel and made numerous errors in various reports again in mothers favour.

    Ended up at a dispute resolution hearing in July whereby we used the hearing as a final hearing. I ended up getting a "lives with" shared care order for my son, 9 overnight stays in 21, half school holidays which I'm over the moon with. EX tried to constantly cause issues even when trying to get the order sealed but we finally got there in the end.

    Just wanted to say to fellow fathers to keep persisting with fair access to your children, it took me 8 months of constant battles with my EX but I got a fair result for my son in the end and ex lost all control. :)
  • BAFE
    BAFE Posts: 270 Forumite
    First Anniversary First Post
    Congratulations on your result Spikecast.

    For what its worth, I think shared care arrangements are becoming more common these days, in line with other European countries.
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