How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

My boyfriend has 2 kids, aged 3 and 5, was married to their

Resolved Question:

My boyfriend has 2 kids, aged 3 and 5, was married to their mother and has been separated from her for 18 months during which time they have had a consistent arrangement to see the kids. We met and started our relationship 10 months after he left her and I haven't met the kids or been there when he has them. He has had the kids every Wednesday and every other weekend and paid monthly child maintenance without fail. She has now found out he is seeing me and is refusing him access to the kids. What can he do? They haven't got a formal separation or started divorce proceedings.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youThe law says that children are entitled to spend time with both their parents and the courts will enforce this if necessaryUnless you are in some way unsuitable to be with children (which I am sure you are not) or you are the latest in a long line of "new partners" (unlikely from what you have said) then there is no reason why you shoudl not meet and spend time with the childrenThe starting point is for your partner to try and discuss matters with his ex using Family mediation (www.familymediationhelpline.co.uk) If an agreement is reached then he shoudl ask for it to be turned into a Consent Order and sealed by the court so that it can be enforced if necessaryIf mediation fails then he will have to apply to the court for a Child Arrangement Order using a form C100 and paying the fee of £215I hope that this is of assistance - please ask if you need further details
Customer: replied 1 year ago.

Thanks, ***** ***** me seeing them, we aren't ready for that yet, its more about him having access to the kids along they lines they have already been doing. I am not sure she would turn up to the mediation but I think that has to be tried first before you can apply for the Consent Order? I am the only person he has seen since he left her and I was married for 25 years and have 2 grown up kids myself. Im 18 years older so that might be an issue but it doesn't bother us.

Expert:  Clare replied 1 year ago.
YOu have exactly the right attitude - and yes your partner MUST attend a MIAM first before the Court applictaion
Clare and other Family Law Specialists are ready to help you