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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
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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Hello, me and my ex partner split up in febuary 2014 we have

Customer Question

Hello, me and my ex partner split up in febuary 2014 we have a daughter together and her yongest son see's me as his farther unfortunatley in July she stopped me seeing her son with no explansion as to why. In august I had my daughter for 3 weeks of her 6 weeks school hoildays and I returned her on the 16th of august as agreed, but the following day the 17 of august she texted me to advise me that I was no longer to have contact with my daughter as well. I am left not knowing what to do?
From febuary to august I had fortnightly access and half the hoildays.
Comminication between us both was amacaple and had the kids best interests at heart.
Could you please advise me on what to do?
Many thanks
***** *****
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is ***** *****
I will do my best to help you but I need some further information first.
How old are the children?
Clare
Customer: replied 3 years ago.

Isabelle (my daughter) is 6

Joe is 10

Expert:  Clare replied 3 years ago.
HI
What have you tried since August?
Clare
Customer: replied 3 years ago.

I've managed to restore verbal contact (with isabelle only) and my parents are able to request odd weekends to see isabelle and I sore her on the 2 occasions where she has visited ( 2 weekends only) since August 16th. Upon speaking to my ex via phone she has stated that the only reason she wants a contact order is that "she wants one" she has accused me of abducting isabelle over the 3 weeks holidays even though I have texted messages stating that she was aware of this??

I am in the armed forces and currently residing in the Manchester area where as my daughter is in cambridge with her mother and brothers and sister.

I have asked for interim contact in the mean time until this is resolved but she wasn't interested in this and I have asked for her to have access with me over the Christmas period (dates of choosing) unfortunately she denied me this aswell isabelle has 2 brothers and 1 sister

Joe 10

Ross 14

Bethany 18

As previously stated I started mediation but that failed because of my ex just wanting a contact order.

Does this affect mine and isabelle's human rights under article 8??

Any help on this matter would be greatly appreciate

Many thanks

***** *****

Expert:  Clare replied 3 years ago.
Hi
Thank you for that - when was the last mediation appointment?
This will help decide the best way forward
Clare
Customer: replied 3 years ago.

Mediation was last attempted on 3rd of october and I was given the c- 100 form for the courts. We have only attended each others MIAM's by the cambridge family mediation centre who advised me that mediation was not achievable. There is no history or ever was any form of violence or abuse towards my ex or any of the children.

Expert:  Clare replied 3 years ago.

Hi

The law says that a child is entitled to contact with both parents and the court will enforce this if necessary.

Since mediation has failed your next step is to complete the form C100 and send it to the court with the £215 fee as soon as possible

This will lock you into the court table which will eventually lead to the Order she for some reason wants - likely to be alternate weekends plus half the school holidays - including next christmas if she does not give you contact this christmas

You can also apply in respect of the older child if you wish - but you do need to ask the permission of the court to do so. (this is done on the C100)

I hope that this is of assistance - please ask if you need further details

Clare