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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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Im the father of a two year old son, myself and his mother

Customer Question

I`m the father of a two year old son, myself and his mother split up a year ago. We have equal custody 3 days one week 4 days the next. Ive just been told by his mother that she is having another child with her new partner.... My concern is that as they will become a new family can she stop me from seeing my son....I still pay her maintanance even thought i`m on a low income and she gets income support and works part time ....What can she do to me ?. The arrangment is amicable between us on no courts have been involved.
Submitted: 3 years ago.
Category: Family Law
Expert:  UKfamsol replied 3 years ago.
Hello and thanks for your question.
When a couple separate, if they agree what is to happen regarding the children, then no court orders are needed - so well done for agreeing things so far.
If that agreement breaks down (and I hope for you it does not) then either parent can apply to court for a child arrangements order. This order would set out in detail how much time a child is to spend with each parent. The court will decide what is best for that particular child, not according to which parent shouts loudest. But (as long as your son is being properly looked after while he's with you and is happy with you) no court would agree with the mother if she tried to stop your contact, just because she is in a new relationship. It is government policy that children should have contact with parent they do not live - unless there is very good reason indeed, and having another child and/or being in a new relationship would not count as good reasons.
If she does stop your contact, the family court requires you to attempt mediation first before it will consider an application to court. Here's where to find a local family mediation service:
http://www.familymediationcouncil.org.uk/find-local-mediator/
If mediation breaks down, you can apply to court for a child arrangements order on form C100,here:-
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf
You would benefit from some face-to-face legal advice from a specialist family law solicitor. Here's where to find one:-
http://www.resolution.org.uk/findamember/
I hope this helps and I wish you the best of luck.
Thanks and best wishes...
UKfamsol and other Family Law Specialists are ready to help you
Expert:  UKfamsol replied 3 years ago.
Thanks so much for your prompt payment AND bonus - much appreciated!