Joint-guardianship and access denied

Hatfry

Hi, I hope this is the right place.

I was in dolphin house family courts 8 days ago. I had applied for joint guardianship and access 1st week of January so it took 3 months. Our daughter is 3 and a half born in late 2013. We lived together throughout this whole time. My ex and I split in February 2016 amicably and had a fairly simple and consistent access situation in place, ie I picked up my daughter any chance I had, usually 2 working day evenings and took her all day every saturday. And we got along great as parents. A new man came into her life in october 2016 and all communication with her has been stopped and at 1 point leading up to xmas I had not seen or spoken to my daughter in almost a month. It was to do with an argument over maintenance which I paid 300 every month until october.

She was represented and I wasnt. Judge adjusted maintenance to my benefit and then immediately without question granted joint guardianship. When it came to access he wouldnt accept that my current living situation that I cant take my daughter overnight. He kept pressing and then said denied access, "and actually guardianship denied also, you have 14 days to appeal". Killed me.

I got appeal in on the day but a week later have recieved or heard nothing. Can anyone in the world tell me what happens now? Im just lost. I waited 3 months. My daughter is/was my life.

What chance do I have now of getting my guardianship and access? How long will this step to the next hearing take roughly?

Id really appreciate any help at all, im just lost now. Can she go and get passport now without me and leave the country without my consent etc

KERSPLAT!

You need to speak to a solicitor. Apply for legal aid if possible. Unfortunately these things can take a long time and seem to be very drawn out. I don't know the answer to your specific questions but again, contact a solicitor, they'll answer any questions and help you avoid any issues in future.

Dravokivich

I find it quite odd that a judge will both give joint gaurdianship without question and then revoke it. That is meant to be for the child more than it is for you.

Being unable to take the child overnight should not prevent you from being able to come to an agreeable access arrangement.

As mentioned above, it sounds like you'll need to discuss with a solicitor. They may be able to advise on any particulars, that could have led to the judges ruling.

BTW, 14 days to appeal, does not prevent you from submitting applications at a later date. But it seems you really need to get you story set straight.

Your OP puts some focus on the mother's new partner. The best thing I can recommend right now is not to tell the judge, what you assume are the reasons or motivations, that result in her preventing your daughter from seeing you and in turn restricting your daughters opportunity to develop a relationship with you. Consider a means to address the outcomes and the impact of this decision. Not how it may have been selfishly come to.

Orion

That's a ridiculous judgement imo. Guardianship and access are two completely different things and the judge is being a dick by denying guardianship in these circumstances. It is supposed to be child-centric. If your circumstances are not suitable to a kid staying overnight then that is actually a good thing to admit rather than get access and not be able to use it. The judge should have taken that into consideration favourably not in this manner.

Talk to a solicitor pronto and lodge the appeal as soon as possible.