Court Views & Personal Opinions

[xxsteffyxx]

I had a phone call from the CSA the other day as we're trying to find out why Harvey's dad isn't paying his matienence. He obviously gave another excuse but anyway... another thing he said to the guy on the phone was 'did I know anything about court on the 22nd April...' well my response was obviously 'no I know nothing about it.'

Long story short is that Harvey's biological father is attempting to go for either access or custody, no idea which one, but I reckon it's probably access. I am just wondering from someone who has been in a similar posistion... firstly, why am I not aware it's happening, or is it because he needs to 'apply for the rights' before I find out about him applying for access??

Secondly, what are the courts views on someone with a criminal record and who hasn't paid their matienence when they are applying for access? He hasn't seen Harvey in over a year now, not christmas cards, birthday cards, money, toys, clothes nappies etc etc etc ever since he was born but anyway... I am just curious on what happens.

I just don't want it to all happen, take a few years for it all to br processed and then when Harvey is about 3-4 years old for some strange man to come into his life and say 'hi son i am your dad'.

Before anyone asks... Yes, he is on the birth certificate. He 'aparently' lost his visitation rights last year after he failed to complete an anger management course and a drugs test.

... so yeah, anyone been in a similar posistion? I can't bare the idea of my poor boy being so confused. Steffan my boyfriend is his daddy and has been since he was 15 weeks old.

 

[Ceejay123]

Wow, sorry im not in a similar position but I'd visit a solicitor if i were you. I don't understand why you wouldn't know about court. My OH was written to about every court date. :S

I've no idea what will happen, I'm sorry. I hope it all gets sorted out for you x

 

[Jade--x]

I've not been in your exact position, but I've been to court. I received a letter from my ex's solicitor telling me they were intending on applying to court (I already knew that though was no shock) and advising me to get a solicitor, but I already had one anyway. Then I had to go through mediation etc. Before he was even allowed to apply to court so I really don't know why you haven't been told :S I would definitely go and see a solicitor as soon as you can.

As for the maintenance/criminal record - They don't give a damn about them paying for them - The court just said they don't get involved in maintenance that's what CSA is for - Them paying or not paying has no baring on contact (though it may carry some weight if its together with other evidence to prove he's not made any effort at all).

Criminal record - It would depend what the criminal record was and the judge you had on the day.

 

[xxsteffyxx]

I already have a solicitor and she knew nothing about it... unless he is just bluffing??

Criminal record was for assault. Once 3 years ago which resulted in hospilization and the 2nd was against my friend who he assault whilst we were in town together with Harvey after we split up (yes it was a male friend, but that's besides the point) He was orginally taken to court for assault on me too, but that fell through.

I wonder if it was just a bluff? In all fairness Jade I think that the courts would take into account with the CSA because the CSA apply to the courts when an absent father hasn't paid after they are in arrears of £500 and attach on some kind of agreement where the father MUST pay matinenece by order of the court. Because Harvey's father has a pattern arrising in his CSA agreement which goes by the lines of.

Claims Benefits - CSA Apply for attachment for matinence - Benefits Stop - Finds Job and doesn't tell CSA - CSA apply to HMRC and find he is working - CSA then apply for attachment of earnings through court - quits job and doesn't say - CSA loose track - Claims Benefits again - CSA apply for attachment of matinence - Benefits Stop Again (3 months) etc etc etc It's been like this for a year.