can she do this?

Question

right, this is a bit of a confusing story..
my uncle got together with a woman about 9 years ago and they had a baby after two years, when the baby turned 3 they split up, she is now 7 and has always wanted to go to disney land (like all toddlers do!) but her mum cant afford it, so my uncle approached her mum and asked if he could take her daughter away next year for a week in disney land, she aggreed and so that was that!
but about a month ago my uncle started seeing another woman (nothing serious) and his X has turned round and to the courts and is claiming she never agreed to this holiday and she doesnt trust him no more and she doesnt want him to see his daughter, but she has had boyfriends before and that has never affected my uncle, now he is seeing someone (after tricky years with another daughter that is out of control, who has now moved out) she wont let him see his daughter, can she do this??

My uncle pays his way, he works, he never harms her, he is kind and responsible

she is a bit of a bunny boiler!

Answer 1

Your question, "Can she do this?" is really very subjective.

Have the courts sided with the mother of this child, or are they hearing the case that she is claiming?

Not surprisingly, the mother sounds as if she is feeling very insecure about the new relationship and probably doesn't want your uncle exposing the child to a potentially happy and healthy relationship. My guess is, without the new girlfriend, your uncle wouldn't be having this problem. It is said that hurt people will hurt people and she (the mother) sounds hurt - it might be left-over resentment from the divorce, it might be something new or it could be a combination of both.

Unfortunately, it sounds to me like your uncle needs a very good lawyer.

Answer 2

Ive been here, it's a court issue I'm afraid, the mum cant say no in court because she just wants to be awkward. She needs a valid reason/proof. It's a shame as the kids suffer every time. And it's better to go to court and sort everything out that way everyone knows where they stand and the child has a set routine. Best of luck.

Answer 3

Depends what's in the custody agreement. If the father has visitation during this time, he can take her where he wants. Sounds like your uncle may need to petition the courts for visitation. If there's already an agreement regarding visitation, and she won't let uncle see his daughter, the mom is in contempt and can be cited. Get an attorney.

Answer 4

Its disgusting but yes she can do this. She is the girls Mother and in the eyes of the courts that overrules most things. Its really unfortunate timing for your Uncles holiday (no doubt she did that on purpose). In time the courts will see whats goin on its just going to take time X

Answer 5

Hi

It seems to be that although she has moved on she feels that he shouldn't. to me she is doing this out of spite. Because he has found someone else and although you say it is not serious, it seems that there is a little green eyed monster amoung them. From this she sounds like she is trying to stop him from seeing his daughter as punishment for moving on.

She cannot take a child out of the country without permission from the other parent, or deny complete access. This sounds like it will end up being settled in court.

Hope this helps

Answer 6

Sounds like you need lawyers to get involved like this but I've seen this all before. Its a classic case of when two people split up, everything's fine but then one person starts dating someone else and then jealousy rears its ugly head. Even thought this woman is threatening this, in a court of law she wouldn't have a leg to stand on. Get a letter from a lawyer drafted and send it to her.

Answer 7

well it is sad to say but your uncle was open waters for a while and now that he has someone else she is going to make his life hell and she will use the baby as much as posible because she knows how much your uncle loves his child so tell him to stand his ground and fight back

Answer 8

If you uncle is taking his daughter abroad then his ex will need to agree, she cant stop him seeing her. But taking her on holiday is a differetn kettle of fish

Answer 9

Sadly in todays society she has got all the power. I feel sorry for your uncle and wish him all the best.

Answer 10

i think the mother of child is jealous that he got new girlfriend plus worry they have long term relaionship and have their own kids which mean it push the little girl out as he wont be able to afford it...if i was u best stay out of it and let them sort it out