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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33955
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 want to have advice on contact (arrangement) order for my

Resolved Question:

i want to have advice on contact (arrangement) order for my nephew (non contested). how can do that?
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.
Could you explain a little more about your situation please?
Clare
Customer: replied 2 years ago.

I and my sister live together for the past 6 years, she gave birth to a disabled girl, the girl has been cared by me and I have been trained to care for the child by the NHS and the social services.

Although, their are no disputes over contact, I want to have contact (arrangement) order formalized by the court and wish to know if I still need to go through MIAM even if my sister not contesting my application. Thanks

Expert:  Clare replied 2 years ago.
Hi
Is the child's father named on the Birth Certificate?
Clare
Customer: replied 2 years ago.

yes the child's father is named on the birth certificate, but he is not living with the child, because he is barred by the court to visit the child.

Expert:  Clare replied 2 years ago.
Hi
Ok.
Just to check - will you and your sister continue to live together in the future or is that likely to change?
Clare
Customer: replied 2 years ago.

me and my sister living together at present but this is likely to change in the future.

Expert:  Clare replied 2 years ago.
Hi
When is changes how will the child share her time between you?
Clare
Customer: replied 2 years ago.

because i am trained to care for the child and the mother is agreeable to the same, the child will stay with me 5 days a week.

my sister has another child to care for.

Customer: replied 2 years ago.

My sister is agreeable for the child to stay with me 5 days a week and 2 days with her.

Expert:  Clare replied 2 years ago.
Hi
The father has Parental Responsibility for the child and on that basis he either has to Consent to the Order - or there has to be a Contested hearing at which the Court is asked to make a Child Arrangement Order stating that the child resides with you and your sister which will give you a form of Parental Responsibility for the child.
Given that your sister is in agreement it will be easier if she makes the application on behalf of you both
The starting point is Family Mediation
www.familymediationhelpline.co.uk
If that fails then she applies to the court using a form C100
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33955
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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