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Shared accom - Ex refusing child access

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  • 04-08-2012 3:49pm
    #1
    horseone
    Registered Users Posts: 33 ✭


    Hi all,
    Looking for some perspective here on child access. My estranged wife and kids (all Irish) live in the UK. During a trip home over the XMAS period, my ex refused to return the kids back to the UK, furthermore she put my daughter into an Irish school without my knowledge.

    To make a long story short, she returned to the UK with the kids in July on foot of a High Court agreement (I initiated proceedings in the UK under the Hague convention for international child abduction, it was later ratified in Dublin).

    Other aspects to that agreement covered child maintenance (£950pm), future travel and parental consent and crucially my access to the kids when they returned to the UK. This was agreed at one middle of week evening visit and alternate weekends (not overnight).

    My own living situation is that I’m living in shared accommodation with 2 professional girls. I get on well here and I like the people I live with. I’m located walking distance from work and the area is generally nice.
    In the last number of days my ex is refusing any further access until I move out and live alone. The problem this presents me is 1) I can’t afford to (between child maintenance, mortgage and debts my ex has left me with) and 2) I don’t want to live alone. In any case my kids only occasionally visit here (i.e. when the weather doesn’t allow any outdoor activities etc), even so I am a responsible guy and I deem my accommodation to be both safe and secure to allow my kids visit me here occasionally.

    Is she being unreasonable? More to the point how will a family court look on this?

    My next steps are court I guess......just looking for some feedback from both sides.



    Tagged:


Comments

  • Options
    #2
    Taltos
    Registered Users Posts: 20,830 ✭✭✭✭Taltos


    OP - we cannot give legal advice and that would appear to be what you need here.
    Looking at it coldly though - did your initial agreement make any reference to your living conditions - if not then fight it and use this as an opportunity to gain more access not just what you have...


  • Options
    #3
    snor
    Registered Users Posts: 526 ✭✭✭snor


    I do not know what the access order specifies and unless there is something specific in it re:place of access, I cannot see what the problem is re:bringing the children to your home. It is only visiting - not even overnights. Don't let her bully you. If the court order says you have access then you have access - unless it stipulates the living accomodation you need to have, where to have access etc. She has no right to stop access without good reason and in effect could be in breach of the access order if she is denying access for no good reason.


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