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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34275
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I would like to know, if my ex partner stopped me seeing my

Customer Question

I would like to know, if my ex partner stopped me seeing my 33 month year old son, would I be able to get an emergency court order in place, as they would be a big impact on his life, not seeing me, his father.
Kind regards
Mark Palmer
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Has she actually threatened to do this?
Clare
Customer: replied 3 years ago.

Hi,

well she has stopped me seeing him tonight because i said I was taking him down my house and her family basically does not want him to have nay contact with my family so she has basically done what they have told her and stopped me seeing him tonight because I finally had enough of doing everything I was told by her in regards ***** ***** I can and cant do with him and said hes my son as well as hers so I will do what I want, specially due to the cold weather coming in and not much to do out there except have time at home with him for my 2 hours.

Regards

Mark

Expert:  Clare replied 3 years ago.
Hi
Are you named on the Birth Certificate - and have you ever used Family mediation?
Clare
Customer: replied 3 years ago.

Hi,

Yes I am named on the birth certificate and in a sense yes but she failed to turn up, which is when I agreed to the time instead of court because simple couldn't wait any longer to see him, as you can most likely understand.

Regards

Mark

Expert:  Clare replied 3 years ago.
Hi
Since you have Parental Responsibility for the child you have the right to take the child to see your family if you wish
You need to try mediation again to agree a parenting Plan.
If that fails and she stops contact again then you need to apply for a Child arrangement Order - so get it ready for when it is needed
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/cb001-eng.pdf
The process will take a few weeks - but it is likely to resolve at the first hearing all being well.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi,

Do you have to go through mediation before taking this to the courts, due to the previous session not being attended and the previous long term unwillingness to move forward from a few hours per visit.

Also as I am on the birth certificate, also I have had my son on my own for over the last 2 years and a half, will I be able to go for overnight access?

The reason I ask she previously claimed I was unfit despite having more experience with young children due to younger siblings and I was more the hands on parent with our child

Regards

Mark

Expert:  Clare replied 3 years ago.
Hi
When was the last attempt at mediation?
Have you had the child overnight before now?
Clare
Customer: replied 3 years ago.

Hi,

This was back around 2 years and 4 months ago, when the contact was first stopped.

I haven't had him over night on my own due to her not allowing me, but I do ask frequently.

I have had him over night on holidays or when I have slept up her house when we was together but she was there also, not sure if it matters but the majority of the time I was looking after him in the over nights, as she was in a sense having a break as she has him most nights.

Regards

Mark

Expert:  Clare replied 3 years ago.
Hi
I am afraid that yes you will need to go through Mediation again.
There is certainly no reason not to ask for overnight contact since you clearly have a close relationship with the child
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

HI,

Thank for your help.

Regards

Mark

Expert:  Clare replied 3 years ago.
Hi
You are most welcome - I hope all goes well
Clare