Back at court today

Still trying to get access of my kid and not going so badly but then again not going so good.

Today was the 5th time in the family courts and she has not turned up to one of them dispite the courts ordering her to. Sadly the family courts have no power and cannot have her arrested,

Now my case has been passed onto the County Court who have more power then the Family Court. I have been told that she will now be ordered to court with a Penal notice attached. If she fails to turn up then she will be arrested and possibly sent to prison.

If she was sent to prison who would get custody of my daughter?

Would it be me or my Ex's dad or new husband?

Any thoughts on this?

[Gareth]

Nope, sorry... and in all honesty, mate, I'd suggest you ask your solicitor these questions and not rely on answers from a website. No offence, just that if I was in your shoes I'd want to know that what I was being told really was the truth and not what someone who is unqualified to give such advice thinks may be the truth.
__________________

Hope you get it all sorted as soon and as amicably as possible

Originally Posted by Angelus

If she was sent to prison who would get custody of my daughter?

That will then be down to the court. I'd say since you are applying for access and are the natural father, then unless there are 'complications' you would have a good chance of getting custody.

BUT - if you're pinning your hopes on her not turning up & getting sent down, then you're onto a loser.

First of all, with a threat of imprisonment, she's likely to turn up - unless she's very stupid. Furthermore, such imprisonment as may be imposed may be no more than a matter of hours - I think it would be 'contempt of court', in effect.

In conclusion - talk to your solicitor. They'll be better placed to advise you than any of us ever will be. (Ofcourse this doesn't stop us trying )

[Stephen]

I would agree with Gareth mate, best to seek the help of a professional on this one.

[David F]

I agree with Gareth with this tagged on,5 visits to court and nastyness abounds is not going to be good for the child.You and mum needs your heads banging together and mediation. The only people gaining from this are the beaks

[Paul]

Originally Posted by zinglebarb

I agree with Gareth with this tagged on,5 visits to court and nastyness abounds is not going to be good for the child.You and mum needs your heads banging together and mediation. The only people gaining from this are the beaks

Now there is a post to agree with
At some point you have to get things sorted with your ex Angelus, you can't do that while you and her are taking cheap shots at each other as it WILL affect the child.

Originally Posted by zinglebarb

I agree with Gareth with this tagged on,5 visits to court and nastyness abounds is not going to be good for the child.You and mum needs your heads banging together and mediation. The only people gaining from this are the beaks

All i want to do is see my kid.

What exactly am i doing wrong here

[David F]

Originally Posted by Angelus

All i want to do is see my kid.

What exactly am i doing wrong here

Stressing your kid out by having a stressed out situation going on.Go to the welfare officers of the court ask for mediation in a non court situation,and try and talk it over with help

[Chimaera]

Originally Posted by Angelus

All i want to do is see my kid.

What exactly am i doing wrong here

Just sit your ex down (go out for a drink or coffee or whatever) and stress that whatever has gone on between the two of you, you both owe it to your child to put his/her interests first, and that you want whatever is best for him/her. However, you also consider that your child needs contact with both parents in a stress free way - not bickering on the doorstep or resorting to cancelling visiting arrangements at the last minute (you or her), or prevented from seeing your child at all. Tell her that you will do whatever you can to make sure your child's upbringing is as happy as possible (even if it means both of you making compromises). And that whatever has gone on between you both in the past is now history and you'd like it to stay that way, whatever happens now is for the benefit of your child.
I'd have been more than happy if my ex had treated me (and my children) that way.

[Charlie_Bubble]

No offence, but some of you guys must live in la-la land. I'm pretty certain the guy would have done anything to avoid going to court FIVE times, but some people aren't lovely and fluffy and willing to sort everything out over a chat and a coffee. Yes, that would be ideal, but don't underestimate the stubbornness and nastiness that some people have after relationship break-ups.

[Chimaera]

Originally Posted by Charlie_Bubble

No offence, but some of you guys must live in la-la land. I'm pretty certain the guy would have done anything to avoid going to court FIVE times, but some people aren't lovely and fluffy and willing to sort everything out over a chat and a coffee. Yes, that would be ideal, but don't underestimate the stubbornness and nastiness that some people have after relationship break-ups.

Yeah, I know, it happened to me! That's why I posted what I did - it would have been nice if my ex could have been a bit more thoughtful towards his children and his treatment of them, but chose to use them against me instead, to the point where one of them ended up needing counselling for quite a while and is still screwed up to this day - I'm still dealing with the fall out from that.
I certainly don't live in la-la land - but I do know what would have made our lives a bit more bearable

[Pia]

Blimey Angelus, i didn't realise you had a kid with her.

Everytime i read a post from you it's becasue either your gf wasn't taking much notice of you cos her sister was living with you in your mam's house, or she's getting texts from someone you think she's cheating with!
Sounds complicated. I know it must be hard when you want to see your child so badly- but going in all guns blaring is going to make you the bad guy.

Just keep fighting for your rights, but don't go overboard. It will most definitely all come together, and for good reason no doubt.

Originally Posted by Pia

Blimey Angelus, i didn't realise you had a kid with her.

Everytime i read a post from you it's becasue either your gf wasn't taking much notice of you cos her sister was living with you in your mam's house, or she's getting texts from someone you think she's cheating with!
Sounds complicated. I know it must be hard when you want to see your child so badly- but going in all guns blaring is going to make you the bad guy.

Just keep fighting for your rights, but don't go overboard. It will most definitely all come together, and for good reason no doubt.

Its not that girl

We tried mediation and my ex never turned up