Sole custody??

nowayout1

Hey me & my ex have split up & had to go to court to get access to my son & was given access & guardianship was put back to a later date. But in the last few days I've received a letter stating that on the next day in court same as guardianship, she's looking for sole custody. When picking my son up she said she has a very good chance for getting sole custody & I wouldn't get to see my son. Is that true that if she is granted sole custodian that I'm blocked from seeing him again?

boardsuser1

nowayout1 wrote: »

Hey me & my ex have split up & had to go to court to get access to my son & was given access & guardianship was put back to a later date. But in the last few days I've received a letter stating that on the next day in court same as guardianship, she's looking for sole custody. When picking my son up she said she has a very good chance for getting sole custody & I wouldn't get to see my son. Is that true that if she is granted sole custodian that I'm blocked from seeing him again?

I'm going through the courts for access to my child for years.

Get a solicitor fast.

theteal

Why would she have a good chance? If there are no issues I can't see why a judge would want to see a child not having a relationship with his dad

nowayout1

KC161 wrote: »

I'm going through the courts for access to my child for years.

Get a solicitor fast.

I do have a solicitor but haven't heard from him when I dropped off a copy of the summons. But when I heard that I was shocked but don't know if it is true or not.

KERSPLAT!

It will depend on the situation but unless there's a threat of violence, drug or alcohol dependency, etc. there should be no reason for you not to continue access.

Unfortunately it may start off as a very small amount of time but it will get better, you just have to keep applying every few months to the courts.

I should add it'll probably depend on the child's age too.

It is highly unlikely that access will be fully revoked. As above, get a solicitor.

Big Bag of Chips

Sole custody does not mean that you don't have access. So yes, unless you are looking for joint custody of the child them of course there is every chance she will get sole custody (she already has it). The child lives with her fulltime. She has custody of the child, you have access to the child. But unless there are safety concerns there's every chance that you will keep your access.

Unfortunately depending on what she claims then access might be limited or supervised, but it's unlikely to be stopped.

You have an advantage now in that she has given you a clue as to what game she's going to play in court so you can go prepared. And with a solicitor. If you can prove that you have access and that you turn up, on time, spend the time with your child etc, then there's no reason a judge will take it away.

nowayout1

KERSPLAT! wrote: »

It will depend on the situation but unless there's a threat of violence, drug or alcohol dependency, etc. there should be no reason for you not to continue access.

Unfortunately it may start off as a very small amount of time but it will get better, you just have to keep applying every few months to the courts.

I should add it'll probably depend on the child's age too.

It is highly unlikely that access will be fully revoked. As above, get a solicitor.

The only threat of violence was when her father threatened me & the courts know of this incident, but for drug or substance abuse I don't drink or do drugs. My son is 3 & daughter just gone 3 months. Don't have access to her.

boardsuser1

My own case is as follows, i was seeing my child until 17 months old, the relationship broke down, ended up going through the court for years with no access due to adjournments,rejected applications,appeals etc, fast forward to 2016 and i finally got access, after building up a fantastic relationship with the child my access was pulled again last month.

I have issued proceedings for an enforcement order which can't be heard until the start of October.

In the meantime the mother continues to flout the order but has no problem texting me asking for money.

I'll be lucky if i see my child again this year given the adjournments history of the mother, it's all about buying time and delay tactics.

If the child becomes used to not having the other parent around, mostly the father, the judges tend to side with the mother in the child's best interests they say.

As for the solicitor not contacting you OP, that isn't very unusual, i've had that experience many a time.

By the way, i have guardianship, court ordered, since the child was 4 months old and have retained it ever since, child is now 10.

KERSPLAT!

Unfortunately it can be a long drawn out, unfair battle for fathers but keep at it, don't give up. To at least be able to say you did your best to be there for your child/children will mean a lot to them.

boardsuser1

KERSPLAT! wrote: »

Unfortunately it can be a long drawn out, unfair battle against fathers but keep at it, don't give up. To at least be able to say you did your best to be there for your child/children will mean a lot to them.

Got it in 1 here.

More or less what i'm doing.

The laws on access and custody are more outdated than dinosaurs.