Family Courts: Child Access hearing
Discussion
I'm after some advice as to the way these things work. My son is trying to get access to his 6 year old on a regular basis. The mother allows access, but on an irregular and infrequent basis. Often, my son will arrange a visit with her, drive 120 miles and then find she's gone out. This sort of thing has been happening for a while now, so my son has applied for formal access rights.
The hearing is scheduled in a week or two, (the mother keeps postponing the hearing). Wee're anxious to show our support for our son, so want to go to the court with him.
What's the format for these hearings? Does the judge just see the parents or does he hear other views? Presumably the child ids not present. Is the judges order binding? What happens if the mother continues to be obstructive?
The hearing is scheduled in a week or two, (the mother keeps postponing the hearing). Wee're anxious to show our support for our son, so want to go to the court with him.
What's the format for these hearings? Does the judge just see the parents or does he hear other views? Presumably the child ids not present. Is the judges order binding? What happens if the mother continues to be obstructive?
Mrs Flog says..
Hi there, I'm a matrimonial lawyer in Manchester dealing with divorce, finances (ancillary relief) and private children work (husband is on the forum rather than myself) and he has asked me to comment.
So sorry to hear that your son is having difficulties. If this is the first Court hearing, the Judge is likely to set up some contact in the interim, probably only something limited but regular but s/he cannot make a determination about your sons case until evidence has been heard at a full trial or your son and the ex can come to some compromise which the Judge can endorse and embody in a Court order.
It is unlikely that you will be allowed into the Court room although you can wait with him outside and show your support. Whoever has brought the application will speak first (through their lawyers if they have them) and the other then gets a chance to reply. It is kept very limited.
Whatever order the Judge makes is binding, but as I said earlier s/he is unlikely to do anything radical. However, if ex defaults, you can enforce it if the order is drafted so that she has an obligation to make the child available. Tactically though it may be better to give her the benefit of the doubt before the Judge, let her slip up and then when you go back to Court, it shows how her attitude is towards your son etc...its generally a slow burn in these cases to show ex for what they are.
Anyway, best of luck for the hearing and if your son requires further assistance, he can email my husband and pass on my work email address.
Hi there, I'm a matrimonial lawyer in Manchester dealing with divorce, finances (ancillary relief) and private children work (husband is on the forum rather than myself) and he has asked me to comment.
So sorry to hear that your son is having difficulties. If this is the first Court hearing, the Judge is likely to set up some contact in the interim, probably only something limited but regular but s/he cannot make a determination about your sons case until evidence has been heard at a full trial or your son and the ex can come to some compromise which the Judge can endorse and embody in a Court order.
It is unlikely that you will be allowed into the Court room although you can wait with him outside and show your support. Whoever has brought the application will speak first (through their lawyers if they have them) and the other then gets a chance to reply. It is kept very limited.
Whatever order the Judge makes is binding, but as I said earlier s/he is unlikely to do anything radical. However, if ex defaults, you can enforce it if the order is drafted so that she has an obligation to make the child available. Tactically though it may be better to give her the benefit of the doubt before the Judge, let her slip up and then when you go back to Court, it shows how her attitude is towards your son etc...its generally a slow burn in these cases to show ex for what they are.
Anyway, best of luck for the hearing and if your son requires further assistance, he can email my husband and pass on my work email address.
Edited by Flog123 on Monday 5th January 20:32
Thanks Mrs Flog for all the info. The date's been put back to 29 January so nothing to report as yet. Only odd thing is that my son's had a letter from her solicitor, saying she's "astonished" that he's taking this to court. She's supposedly been co-operation itself (Ha!).
Be intersting to see what happens on 29th.
Be intersting to see what happens on 29th.
Silverspark said:
Thanks Mrs Flog for all the info. The date's been put back to 29 January so nothing to report as yet. Only odd thing is that my son's had a letter from her solicitor, saying she's "astonished" that he's taking this to court. She's supposedly been co-operation itself (Ha!).
Be intersting to see what happens on 29th.
Presumably your son has kept a diary showing the agreed access dates and her "non-availability"? Be intersting to see what happens on 29th.
Gassing Station | The Pie & Piston Archive | Top of Page | What's New | My Stuff