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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1774
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My son has been in relationship that has now ended , they have

Customer Question

my son has been in relationship that has now ended , they have a child together .
My son has his son 4 days a week and she has him 3 days .
We have him for 4 days which was a verbal agreement so she can work , we also have him any time we are free so she can work an extra shift .
She has now contacted my son telling him she is taking him to court and he can not see his son again
My question is , can she do this
Submitted: 10 months ago.
Category: Family Law
Expert:  Harris replied 10 months ago.
Hi, thanks for your question.
What are her reasons for stopping contact and taking the matter to court?
Unless there are concerns about the level of care that he provides the children she cannot stop contact between them and the children have a right to a relationship with both parents.
Customer: replied 10 months ago.
She has no valid reason other than she wants money so she doesnt have to work . She is rather unstable im afraid and her mother is an allcoholic unfortunately
Customer: replied 10 months ago.
I feel we may need to see a solicitor to put things in writing otherwise she will continue with her demands
Expert:  Harris replied 10 months ago.
Thanks for confirming.
You can either instruct a solicitor who will initially write to her with proposals. Or you can make a referral to an independent mediator (you can find local mediators here: http://www.familymediationcouncil.org.uk/) who will assist you in reaching an agreement. If mediation does not help then you will be able to apply to court for a child arrangement order under Form C100 and a £215 court fee to your local family court. Whether you instruct a solicitor or not an initial mediation assessment by the mediator needs to take place otherwise you cannot pursue a court application.
Please let me know if you have any questions regarding this.
Customer: replied 10 months ago.
What if she refuses to see a mediator ,depending on her mood she could quite easily say no
Expert:  Harris replied 10 months ago.
Then the mediator will certify that you have attended and she has not engaged allowing you to proceed with the court application.
Customer: replied 10 months ago.
Is there any thing we can do if she refuses to let the father see his son in the meantime
Expert:  Harris replied 10 months ago.
Unfortunately, without agreement or a court order he may be putting himself in a difficult position as she may allege that he is attempting to remove him from her care without authorisation - which she may use against him if the matter went to court.
Expert:  Harris replied 10 months ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.

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