My ex has stopped me from having overnight stay with my little girl,she says she does nt sleep the night after she goes home. But the real reason is to get my 1/7 reduction from the CSA stopped, I think this is disgusting. I am trying to get her to go to Mediation, she will not answer my phone calls or text for visitation at all now. If she won't go to Mediation I will take her to court, would I be able to claim costs in court against her as she has money?

Sure you can ask that she pay for the proceedings. It sounds like you don't have court orders in place already so you should have been in court sorting this issue long before. If you do have orders in place then you need to enforce them.

First, do you currently have a visitation order from a court that specifies you have scheduled overnight visits? If so, then you go back to court and ask that she be cited for contempt of court for preventing your court ordered visit.

Second, ANY question on law needs to include your general locale as laws vary by area. Some areas will allow you to sue for court costs in such a situation.

Third, she can't get your support changed without going to court, so if she tries you counter file. However, if she has legal representation, then you will need your own.

Fourth, if she won't respond to requests for Mediation. Then forget it and go right to court to ask for a contempt citation. Or you ask the court to set a schedule for mediation and have her served with notice. Don't let her control things. If the court has issued an order and she is defying that order, then you have the court on your side so use that.

On a separate note may I ask how you came to have the original title for this post (it was ask a solicitor online free and I changed it to a more appropriate one). We are trying to improve this site and are looking to understand how such titles come to be.

Hi scottgem, no I do not have a visitation order for overnight visits, only have it in writing off the solicitors we had. The area I come from is burnley , lancashire, england. She does nt have legal representation or legal aid as she has money and will not part with it ,she is going to fight it herself. It was ask a solicitor free that I went through.
Thanks Sean

Don't have court orders in place yet , been told its better for me if I try and get her to go to mediation first. If she won't go , find out next week if she is willing . If she won't got the paperwork ready to send to the courts. Not getting a solicitor going to do it on my own.
Thanks Sean

Why are there no court orders? By not getting visitation established with the courts you left yourself open to her whims. So now you will have to go to court unless she agrees to mediation. But if she does, the next time she changes her mind you are back in the same boat.

I'm not sure what you meant by this: "It was ask a solicitor free that i went through." Is that a web site or search engine or what? Thanks for helping with that end.

"I Need to Talk to a Solicitor Online Free Now?‎" this is the link I went through after typing "ask a solicitor online free".
. Thanks scottgem, I know I should go to court but I have been told to try and get her to go to mediation first, that it is better for me if I have tried everything I can before court. But getting worried now as not seen my daughter for three weeks and she won't even answer my calls or text.

Yes it appears like the only way you will be able to enforce your rights as a father is going to court. It's a shame that parents can't put aside their differences for the sake of the children.

Good luck and keep us posted.

Also Thank you for answering my questions about the site, I see now what is happening.

Quote:

---

Originally Posted by ScottGem

Yes it appears like the only way you will be able to enforce your rights as a father is going to court. Its a shame that parents can't put aside their differences for the sake of the children.

---

Yes it is a shame and its not going to change until the system changes. If they were to make it automatic that both parents are important and allow for true joint physical custody as the norm a lot of the games would end. But so long as the system treats fathers as walking wallets and mothers getting the majority of the custody its going to be a never ending battle.