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access when resident over seas

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06 Oct 12 #359616 by blame
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Due to work and financial commitments I work abroad and am an overseas resident. When I lived in the UK I was allowed 2 hours access a month until the ex went to live abroad. After she had sewed me she came back to the UK during which time i had also had to go abroad and work. I have been working abroad in the far east for some years during which time the ex has moved back to the UK with our daughter an remarried. I have for 4 years requested access by phone and email during my holidays and during the time that I am in the UK. The ex has had various escuses for me not being able to see our daughter. Following my recent refusal to sign adoption papers allowing her new husband to be the father of our daughter she has also started to make our daughter unavailable for the grandmother to see her.
I took legal advice on the matter and the solicitor suggested that it take up the battle for access in court. I would like to but after she advised me that this could cost upwards of 10, 000 pounds that i do not have and not being in the country to be able to maintain frequent contact I would be very interested dot know if there was a way of representing myself through a legal procedure to allow myself and my mother to have contact with our daughter during the holidays. Has anyone got and tips and advice on how to gro through with self representing and anything else that can be done.
thanks in advance.:ohmy:

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06 Oct 12 #359626 by Chained
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Hello blame.

You and my partner are on the same boat, approximately, as he recently had his day in court and arranged visitation with his children. As you, my partner lives in another country and his ex made it difficult for him and his parents to have contact with the children.

May I ask how old is your daughter and when was the last time you had contact with her?

Also, how far away do you live? Is it in Europe?

As you are probably aware, you can apply to court for a Contact Order but your parents first need the Court''s permission to apply.

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06 Oct 12 #359629 by Forseti
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I''ve been looking through some of your old posts, Blame, from 3 years ago when you were asked what efforts you had made to gain contact and you did not reply. Of course you can self-represent in a contact application, but it is hard to imagine what sort of contact you think you can achieve. If you have made no attempt to win contact for 4 years the court will take that into account; if you are living abroad establishing any regular contact is going to be extremely difficult. If you are serious about contact, the first thing you should do is return to the UK. Why is it that now, 3 years after originally posting, you are thinking again about contact?

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07 Oct 12 #359663 by blame
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I did manage to represent myself through the divorce and the Consent Order and my ex''s solicitor did encourage her to allow me contact once a month for 2 hours in contact centre. But when they moved to China it became very difficult to maintain contact.
It seems i have been fooled over the years by comments from my ex that i will always be the father and that i can see our daughter when i like. Over this time the picture of what is happening and has been forming.
I have been trying to figure out a solution each year trying to get employment back in the UK to then establish contact again. The ex has recently said that if i dont sign the adoption papers then i am in a weak position and that the courts would force me. Following the continued pattern of excuses over the years and my concern over the adoption it is this year that i have taken legal advice. My solicitor commented that there is no way that the ex can use financial reasons as a reason for adoption but did also say that my weakest position is the lack of legal proceedings to establish contact.
So I would like to try if possible to help establish contact for me and the grandmother at specific times of the year. Have you any tips or information forms etc that i can use to speed this process up?

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07 Oct 12 #359669 by Forseti
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Forgive me if I am wrong, but it sounds from what you say that you have sought legal advice on re-establishing contact only in order to prevent the adoption and not out of any commitment to your daughter.

Whom does your daughter think of as her father, you or the step-father? He could apply for PR of your daughter, as any number of adults can have PR, but if he adopts her it will extinguish all of your rights and responsibilities as a parent.

A court will decide - or attempt to - in your daughter''s best interests, and I agree with your ex and your solicitor that your case looks weak; my best guess is that a court would decide in the step-father''s favour.

If either you or the grandmother want contact you will have to make a C100 application to the court; the grandmother will need leave of the court to do so.

Can I ask why, when contact was still taking place, it was supervised?

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07 Oct 12 #359677 by blame
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I have no idea why the contact was supervised i would imagine it was more that it was a venue for contact that the ex wanted rather than it being because i needed supervision. I managed to maintain contact for a year until they went to China.
Is it easy to represent ones self in court I wont be back until the summer. It seems hard to believe that the courts will simply give our daughter away just because i have been refused access and the ex wife thinks she can pick and choose who the father is.
Do you have any further details on how to carry out a court proceedure of this nature?
thanks again

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07 Oct 12 #359679 by blame
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Hi the last contact was about three years ago where i was allowed to see her once a month on a Saturday morning for 2 hours in a supervised contact centre. I am currently in China.

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