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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33290
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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My ex and I split up a month ago, and with immediate effect

Customer Question

My ex and I split up a month ago, and with immediate effect her and her family have stopped me having access to my son. I've tried talking to her on multiple occasions but negative. On two occasions she phoned me stating I can come see him, then at the last minute she changes her mind.

How /What can I do Know to sort this? I just would like to see him

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
How old is the child and when did you last see him
Clare
Customer: replied 2 years ago.

My son Nathan is 2 years old, and I last saw him on the 14th October 2014

Expert:  Clare replied 2 years ago.
Hi
The law says that a child is entitled to regular contact with both parents and the courts will enforce this if necessary.
The starting point os for you to arrange a family mediation appointment
www.familymediationhelpline.co.uk
if she refuses to attend or mediation fails you can them move on to apply to the court for a Child Arrangement Order setting out what contact you will have - this will be enforcement.
As a starting point you may need to start in a Contact Centre - but this is a stepping stone so if it is offered take it!
You can read more on these sites
http://theparentconnection.org.uk/
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/cb001-eng.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare

I already made an application to the mediation service, and have already attended my first meeting (individual) on the 6th of November 2014. Since Then I've been currently waiting on her to attend her (individual) session. I received a phone call from them(family mediation service) today saying that they have contacted her through phone, email and post, from the date I had my appointment, and she hasn't respond therefore handing me a MIAM form to complete.

Three Questions

1. When I make the application to court, I understand there are court fees involved. Is there any way I could claim the money back Afterward?

2. Once the form is submitted, How long roughly will this process take?

3. Would you be able to assist me in completing the form?

Aaron Laughing

Expert:  Clare replied 2 years ago.
Hi
1. The fee is £215 and no you cannot claim that from your ex
2. That depends on the Court - the first hearing is generally within a four weeks or so (sometimes less)
3. The form is here - and of course
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf
Clare
Customer: replied 2 years ago.

hi

the form you have provided me with is different to the one I received from the family mediation service., Its a FM1 form which states I have to complete a C1 or C2 form, and send them together to the family court. I'm not to sure which form (C1 or C2) is relevant to me, could you help?

Are there fees involved with these forms aswel? I qualified for legal aid with the mediation service (MIAM), can i also get legal aid for the court application?

Expert:  Clare replied 2 years ago.
Hi
The FM1 form is the MIAM form that you need to send to the court (after it has been signed by the mediator) with the C100
You do not need the C1 or the C2
Clare

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