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familylawexpert
familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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My ex wife wont allow me to see my son. I do pay support and

Customer Question

My ex wife won't allow me to see my son. I do pay support and have not seen my son for almost a year. What are my rights.
Submitted: 3 years ago.
Category: Family Law
Expert:  familylawexpert replied 3 years ago.
My name is Mac. I will be able to help you with your question. First I need a bit more information:

- how old is your son?
- can you describe the kind of contact you were having with him before it was cut off? what type / how frequent etc?
- are you named on the birth certificate?
- if she was asked, what do you think she would say about why you shouldn't be able to see your daughter?
- do you have any other children?

Regards,
Mac
Customer: replied 3 years ago.

my son is 9 years old i have not seen my son for about 1 year now as she makes it very difficult for me we still have contact but very limited once a week by phone if she can be bothered to answer that is all she will allow. my name is on the birth certificate yes . if you ask her why i dont see my son she will say it is my falt and that i dont try etc but every time i want to have him there is always some or other thing they are doing. i do not have any other children


 

Customer: replied 3 years ago.

my son is 9 years old i have not seen my son for about 1 year now as she makes it very difficult for me we still have contact but very limited once a week by phone if she can be bothered to answer that is all she will allow. my name is on the birth certificate yes . if you ask her why i dont see my son she will say it is my falt and that i dont try etc but every time i want to have him there is always some or other thing they are doing. i do not have any other children .


 

Expert:  familylawexpert replied 3 years ago.

Did you ever have any kind of written agreement (or even emails back and forth confirming arrangements) or an order setting out the arrangements?

.
Customer: replied 3 years ago.

at the time she lived in spalding were i lived and i could see him now she has moved to basingstoke and i never see him we do not have any agreement in place as back then it was ok we just got devorced she said she would never take my son away from me that is all she has done since


 

Expert:  familylawexpert replied 3 years ago.
The next step would be asking her if she is prepared to mediate about it. Have you tried that?
Customer: replied 3 years ago.

i have and she wants nothing to do with that or me . she has her new husband and she tells me in a text my son has a father and it is not me i am only the sperm doner .

Expert:  familylawexpert replied 3 years ago.

Okay. Then the final step is to make an application to the court. You need to make an application to your local county court or family proceedings court, using form C100. I attach a link to a website with the document.
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=2253

The court fee is £215.

After you have made an application, the court will put in place a timetable for resolving your application for contact. It will put pressure on your ex to come to an agreement, but ultimately it will make an order if necessary. You should do your best to remain calm and objective throughout the process, remembering that the court is always focussing on the what it thinks is in the best interests of the child. Try to come up with a workable plan for contact, and be prepared to justify your plan. You should have every chance of a successful outcome.

I hope that was helpful. If you do not need any further clarification, I would be grateful if you would rate my answer.

Kind regards,
Mac.

.
Customer: replied 3 years ago.


is there any other cost involved after paying the court fee of 215 pounds

Expert:  familylawexpert replied 3 years ago.
Not if you represent yourself, no. Although maybe use a service like this from time to time to help you with any difficult points that pop up at any time.

I'm glad to help - and wish you the best of luck. If you could rate my answer, I'd be very grateful.

Kind regards,
Mac.

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