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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 848
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Good evening My name is ***** *****"m 30 ,my ex wife denied acces

Resolved Question:

Good evening
My name is ***** *****"m 30 ,my ex wife denied acces to my 5 years old son on his birthday , and today im callind by skype to say happy birthday, my son was cry ,she was engry and schauting on my son=(
Thank you
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
I am sorry to hear that you were not allowed to skype your son on his birthday.
Please may I ask:
- are you in the UK?
- are there any current court orders in place?
- how long have you been separated from the mother?
- what is the current regime for contact and how long has this been in place?
Kind Regards
Caroline
Customer: replied 1 year ago.
Yes i"m in UK
No court orders
6 monhts
My son stay with 2 times a months over weekends and plan is the all half term from scool my son with me, but on my son birthday access denied from my ex , because her new boyfrend will be on my son party
Thanks
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for clarifying this for me.
I note that you consider the difficulties have commenced since your ex has a new partner. If this continues then you should consider making an application to a family court for a Child Arrangement Order to confirm the time that you are able to spend with your son.
Before you can make an application to the court - you need to refer this matter to mediation. Mediation helps you both try and agree and understand each others position without the need for court.
If agreement cant be reached and / or your ex seeks to restrict the time that you spend with your son then the form that you need is C100. You send this to your local family court. There court fee for this type of application is £215.
Once an order is granted - if your ex doesn't comply - then you can return matters to court to seek enforcement.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
please kindly remember to rate positively so that we receive credit for our time
Customer: replied 1 year ago.
Thank you for your answer
How much cost Mediation?
Do my ex wife have rights to hand up the phone when im speaking with my son?
How does it work , it seems for me like she have full rights to our son , i dont have anything , to be honest she doing what she want , if im not agree with something , she dont care
Thank you
Alex
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Alex
Thank you for your response.
The cost of mediation is dependant on your financial means. If your means are low - then it could be free. If you ring a mediator they will be able to give you an an indication - dependant on your circumstances.
If you do have to go to court - you might also get a fee remission in respect of the court fee dependant on your circumstances. See form Ex160.
In respect of the position of the court - it is the courts view that a child is entitled to have a good relationship with both of their parents as long as there are no child protection concerns. There have been lots of changes recently and the emphasis is that neither parent has greater parental rights then the other and the Judges in my local courts are keeping to this - if they consider that it is in the childs best interest.
The mother should not be hanging up the phone when you are speaking to your son. Its best to agree a set time that a call can take place.
Kind Regards
Caroline
positive feedback is gratefully received
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