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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 832
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Good morning, I would like to know what happens to my ex partner

Resolved Question:

good morning, I would like to know what happens to my ex partner if I were to take her to court, have access granted and she still stops me seeing are son?
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
Please may I ask:
- are you worried if you take you ex to court in relation to a Child Arrangement Order - that she will stop your contact in the meantime whilst you wait to go to court?
Please may I also ask:
- how old is your child?
- what is the current regime?
- what time are you seeking?
- have you been to mediation yet?
- what would the mother say her reasons are for restricting your time?
Kind Regards
Caroline
Customer: replied 1 year ago.
im worried that if I take her to court nothing changes because nothing happens to her, surely she has to get charged or something for not allowing access??hes 5every second weekend fri-sunno only agreed days between ourselvesshe would have a multitude of excusses but I have messages from her saying that she will not let me see him unless I change his last name from mine to hers which will never happen.
Customer: replied 1 year ago.
and a Wednesday after school 3pm - 7pm
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your message.
Please may I ask;
- is the time every other weekend taking place or is the mother not always allowing this to happen?
- what time are you seeking?
Kind Regards
Caroline
Customer: replied 1 year ago.
she never allowed it this weekend but its happened so many times over the past 3 years that I feel this is my only option she also removed him from school early without telling me so I coudnt pick him upFriday pick up from hers at 5pm and drop off Sunday 6pm
Customer: replied 1 year ago.
all I want to know is what happens to her if I go to court, they set the days and times and she doesn't adhere to them
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
I am very sorry to hear that your ex has been doing this.
I do think that you are going to have to make an application to the Court for a Child Arrangement Order to confirm the time that you spend with your son.
Before you can make an application to the court - you have to refer the matter to mediation first. If you don't do this then the court will reject your application. Mediation help you try and agree and for your ex to understand how important it is for your son to have a relationship with you. If your ex won't engage or you can't agree then the mediator will sign the form you need for court.
There are lots of mediation services and there will be one local to you. Just google Family Mediation in your area and give them a call to start the ball rolling.
You make an application to court on Form C100. Send to your local family court. The court fee is £215. You may get a remission on the court fee dependant on your circumstances - see form EX160
It is the view of the court that children have the right to have a good relationship with both of their parents unless there are child protection concerns. There have been a lot of changes recently and it is now emphasised that both parents have equal rights.
If your ex does stop you seeing your son whilst you are going through this process - then this will actually assist you at court to argue that she is being hostile to you spending time with your son.
Once an order is made - if your ex breaches the order then you can return the matter back to court to seek enforcement. The court also has the ability to sanction the mother for a breach and this can include a fine or community work.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
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