I'm going to court to get access for my daughter?

Question

ive not seen my daughter for 3 months i pay her mum every week by post i have never been violent to my daughter or her mum im not a drug user or anything like that her mum stopped me from seeing her cos i was late picking her up i text her to tell her this but all i got back was fXXk off dont bother coming will i get access in court ???? i have to go on wednesday but what happens if my daughters mum dosnt show???

Answer 1

Don't worry. She will show. If a court order was put on her to show, she will. If she doesn't the government will probably bug her until she comes. And even if she doesn't come, they will still have a chance to talk to you without her butting in and saying negative stuff! At least you have a court appointment!! Good luck!

Answer 2

Hi, I can see exactly where you are coming from. I am in the same position as you. My ex wife keeps ringing the solicitors at 430pm on the day that I am to pick my two daughters up to ring my solicitor and say that I am not seeing them. No reason why, just not to come. I am in the middle of a court proceedure to gain access as I pay maintanance and give extra in anyway that I can to support her. The court has asked for a Cafcass officer to write a report on all of us so they can see exactly how the girls are at my house and their mums. I know that their mum will try and lie but these people can see straight through it and see her for what she really is. The court may well do the same thing for you. As for your ex not turning up, my ex did not turn up and the judge said she better have a damn good excuse for not coming. So if your ex has other kids to look after or a leg chopped off, she has to go. You should do well if you are honest all the way through the proceedure. Stick to your guns and tell the truth right through.

Answer 3

I don't know why you broke up but it seems as if your ex is angry with you maybe she still loves you but at the end of the day you both have to do what is best for your daughter so i think that you have to make it up with your ex not to get back together but just as friends so that at least you can see your daughter even if it is just for a few minutes to start with.As for your question if you go court and she does not show then that will show you that she does not really want to fight with you but if she does show then say to the magistrates that you want what is best for your daughter and you are prepared to meet your ex half way because at the end of the day all the court is interested in is what is best for the children.It could be that your ex is so hard on you because she feels you are trying to take her child from her and before you say it i know it is your child also but you have to see it from her point of view.You may be surprised of how much you may get to see your daughter if you stop fighting after all what have you to lose by being nice to your ex.Good luck

Answer 4

You dont say whether or not you two are divorced or simple boyfriend-girlfriend broken up. Also is there a court order stating you pay support? And are you the one taking her to court for visitation rights? If you pay support, court ordered or not, you should have visitation rights to your daughter and mom cant stop that especially if there is a court order. Now if she doesnt show up you will probably be grantedyour wish or the court could postpone til mom can be found and ordered in. The problem is going to be for the courts to enforce mom into biding by their ruling or you may have to take her back to court again some day for non-compliance. Just dont put mom down in court as the judges hate it and dont really want to hear it either. You dont have to proof youre a good guy, this is just mom playiong games in refusing to allow you visits with your daughter. Dont supply too much info to the judge unless he asks for it. Youve done nothing wrong here. Also bring any receipts you have for paying mom any and allpast child support to prove youve done your part. Good luck

Answer 5

Does your wife live in the former family home, does your daughter want to see you, if your daughters mum doesn't show and does not let the court know they may see it as preventing access. As long as there is no other reason why you should not see your daughter you should at the very least have regular access. Do you live a long way from your daughter?.

Answer 6

You don't say where you are from or were you married to her? If its Scotland unmarried fathers have no legal right except paying maintenance, if you go to court there is usually a social worker involved etc, to decide what would be best for the child, it is a long drawn out and very expensive time. Can you not talk to the mother and try to come to an agreement.

Answer 7

you have learned the hard way that you must never be late picking up your child. However, as long as it was the first and only time the court should not hold it against you. Incidentally i would not pay your ex by post. Set up a stanf=ding order directly into her bank account so she can never say she has not received it. If she does not have ann account make sure you send cheques and keep a written reord of the numbers/amounts ets and the statements they show up on.

Answer 8

You are in an unfortunate position. You will be awarded access eventually even if your ex partner does not show.

However, it is virtually impossible for you to get an enforceable access in court.

Even when you are awarded access the parent with care can conveniently forget or the child can be conveniently sick etc etc If you want to see your daughter you have to be incredibly nice to your ex partner and play by her rules.

This is very sad but very true.

Answer 9

If she doesn't show, it looks bad on her part. If you have never been abusive, or hurtful to your daughter, then there is no reason a court will deny you your paternal right to see your child. Even if the mother doesn't like you, for whatever reason...bad break-up, she can not keep you from your daughter. If she can prove that you are a danger to your daughter, then she has cause to keep her from you. Don't stop fighting for your daughter.

Answer 10

sounds like she still has unresoveled issues between you and her and the child is suffering because of your's and her's mistakes and this is pretty shitty. I think if she doesn't show up then you can have a warant issued for her arest, but you might want to think this through, there is some really crazy women out there that would actually harm the child just so you couldn't be apart of it's life. Walk softly and tread slowly.