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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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Hello, my partner has two children with his ex and she is constantly

Customer Question

Hello, my partner has two children with his ex and she is constantly denying him access to them when it suits her. I see how distressing it is for my partner whenever she does this and i have told him he needs to take it to court so then she wont have the power to dictate when he gets to spend time with them. We have a 6 week old baby together so money is very very tight at the moment as i am on maternity leave from work and my partner is working hard full time to keep a roof over our heads. Is there any possible help he can get financially towards taking the matter to court? Also what do we do to get the ball rolling as he has tried on so many occasions to be adult with her about access to his children but she refuses to be on the same level with him.
Submitted: 2 years ago.
Category: Family Law
Expert:  familylawexpert replied 2 years ago.
Hello,
My name is Mac. I can help you with your question.
I agree with the advice that you have given to your partner. If his ex won't reach an agreement with him and stick to it, then that is not helping the children (or him) and he should ask the Court for help.
The first step is to invite her to see a mediator with him. If she agrees to go, then the mediation might help them reach an agreement. If she refuses, he needs to see a mediator anyway for an information meeting (called a MIAM - which you will be able to google for the right people in your area); he needs to have had a MIAM before he can issue an application at Court.
Once he issues an application (if they haven't agreed by then), the Court will set a date for the first hearing, which is actually an occasion on which the Court will try and encourage and help both of them to reach an agreement. Your partner could represent himself at that hearing, so the only costs that would be incurred would be the MIAM (less than £100) and the Court fee for the application (which is only paid once, and which is £215). As your partner works, there is no financial assistance available to him for legal fees etc, unfortunately.
I hope that is helpful.
Best,
Mac.

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