Advice: Children's Court.

Nikita_k

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Sep 11, 2013
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I have been summoned to the children's court for "Care and contact" of my five year old daughter by her dad. I am not sure what to expect or if I need a lawyer for this. So any advice will be appreciated.

Before I am named a bitter ex, let me just say that am actually one of those rare nicest exes. :) here is a background.....

My daughter has been living with me since the breakup 4 years ago. The dad has been in and out of her life as he pleases; he mostly shows up on her birthday month which is in august, so It wasn't much of a shock when I got a call last month from his lawyers. What pisses me off is that he can afford to hire lawyers to trace me and summon me to court but he cannot afford to maintain his daughter. Last time we had visitation arrangements without involving lawyers or the court, he ended up assaulting me and taking my phone for two days and harassing my contacts. To stop the assaults escalating into something big, I applied for a protection order and it was granted with warrant of arrest in case he contravenes any of the conditions stated on the order. That was two years ago.
Most of our contact has been through his mom, our daughter visits the paternal grandparents on school holidays; so if he really wants to see her, he can always arrange with his mom or call me. But he chose to hire lawyers to call me at my work place and drag me to court. I have never called him or even bothered to ask for financial help from him. (The only time I make contact with him is when I am texting him to inform him when the child is sick) I do everything from medical bills to extra mural activities for our daughter. With the exception of school fees which is partially paid by the grandparents. (They have volunteered to pay half her fees (very noble of them I must say). So that’s a short version of what I am facing.
Anyway has any of you been to the children’s court? What can I expect? On the summon forms they mentioned that I can hire a representative if I want to. But I am not sure if that is necessary since I have proof that I have never denied him access to his daughter. What should I look out for? Can I somaar raise the maintenance issue?
 

lexor

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He probably wants to setup a new co-parenting plan via the court.

First go to court to hear what it is about - then you can decide to get a lawyer ( or phone the children s court and find out).
 

Crowley

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I would suggest that you raise the maintenance issue in court. Deadbeat dad's are the scum of the earth (right after taxi drivers)
 

Nikita_k

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He probably wants to setup a new co-parenting plan via the court.

First go to court to hear what it is about - then you can decide to get a lawyer ( or phone the children s court and find out).

good idea, I will call them and find out what their procedures are.

you took the words out of my mouth Crowley
 

Venomous

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The more I read the site I quoted....

I get the feeling he is either going to sue for full custody, or shared custody.

My suggestion:
call the court, ask what it is about.

Consider getting legal cousel, you don't want him getting full custody because you misunderstood a technicallity. If he had lawyers trace you it likely means they will represent him in court...
 

Pitbull

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The more I read the site I quoted....

I get the feeling he is either going to sue for full custody, or shared custody.

My suggestion:
call the court, ask what it is about.

Consider getting legal cousel, you don't want him getting full custody because you misunderstood a technicallity. If he had lawyers trace you it likely means they will represent him in court...

Pretty retarded as he already has access to the child...

This is going to backfire so bad for him. Seeing as she already has a judgement against in the form of a restraining order. Nothing to worry about Nikita. Whatever he tries you already 3 steps ahead of him. Just by documenting the assault noted above and getting the restraining order. He has to prove a HELL of a lot to even get joint custody of the child. He should have left it the way it was and negotiated with you directly.

Unless he knows you will just roll over and play along, like you have been doing. Fight him and make him PAY!
 
Last edited:

Nikita_k

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Sep 11, 2013
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125
The more I read the site I quoted....

I get the feeling he is either going to sue for full custody, or shared custody.

My suggestion:
call the court, ask what it is about.

Consider getting legal cousel, you don't want him getting full custody because you misunderstood a technicallity. If he had lawyers trace you it likely means they will represent him in court...

I am going to call the court today to find out. I don't want to waste money on Lawyers unless it's really necessary. I am hoping to ask for postponement if he rocks up with his lawyers.
Fortunately enough, I have kept all emails and smses proving that I have always kept him informed about the child's progress.
 

Alton Turner Blackwood

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Pretty retarded as he already has access to the child...

This is going to backfire so bad for him. Seeing as she already has a judgement against in the form of a restraining order. Nothing to worry about Nikita. Whatever he tries you already 3 steps ahead of him. Just by documenting the assault noted above and getting the restraining order. He has to prove a HELL of a lot to even get joint custody of the child. He should have left it the way it was and negotiated with you directly.

Unless he knows you will just roll over and play along, like you have been doing. Fight him and make him PAY!
I'm not so sure I agree with you.

He was never convicted of assault (at least from what I read), so legally they're on equal footing.

Anyway, three sides to every story.
 

Nikita_k

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Pretty retarded as he already has access to the child...

This is going to backfire so bad for him. Seeing as she already has a judgement against in the form of a restraining order. Nothing to worry about Nikita. Whatever he tries you already 3 steps ahead of him. Just by documenting the assault noted above and getting the restraining order. He has to prove a HELL of a lot to even get joint custody of the child. He should have left it the way it was and negotiated with you directly.

Unless he knows you will just roll over and play along, like you have been doing. Fight him and make him PAY!

He knows I hate fights and confrontations. I think he is using that against me. I have been quite about everything because I am fortunate enough not to need any form of help from him. But when it comes to Custody or even considering taking my daughter away from me then he has under estimated me.

Go take a selfie, you know you want to :p

Nice try..no selfies!!!!
 

zeb

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Where are you situated Nikita? I have a friend who's worked with a few similar cases before if you want to contact him.
 

Pitbull

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I'm not so sure I agree with you.

He was never convicted of assault (at least from what I read), so legally they're on equal footing.

Anyway, three sides to every story.

From my very uninformed knowledge a restraining order can't be filed unless there is grounds to do so.
 

Nikita_k

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Sep 11, 2013
Messages
125
I'm not so sure I agree with you.

He was never convicted of assault (at least from what I read), so legally they're on equal footing.

Anyway, three sides to every story.

he was never convicted yes, but the order against him was granted with warrant of arrest. I am not sure if it expires though? it was granted two years ago.

on a side note: I don't have any issues with him wanting to be part of the child, hence I have always made sure that, she at least have some sort of relationship with the grandparents. But involving lawyers and contacting my work place, and having me take a day off to go to court for something that could have been discussed with one phone call is not cool.:(
 
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