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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2811
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex partner and split up back in January and we have been

Customer Question

My ex partner and split up back in January and we have been getting on fairly well because we have a 22 month old boy. Now she has stopped me seeing him because her brother and my sister split. She used to leave me and my son home alone with no money and wouldn't come back for days the police even got involved. She used to take my bank cards take all my money and now I'm in debt by a lot of money, what can I do because I want to see my son.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you a named on his birth certificate?

-What have the arrangements been since separation?

-What action are the police or social services pursuing?

Customer: replied 1 year ago.
I am on the birth certificate
The arrangements have been very open and flexible I've been seeing him nearly everyday and take him home in the evening unless I get a text to say can he stay with which I love, and normally a night over the weekend just for the night normally I have to take him home mid morning.
As for the police she was a missing person and social never got involved.
Expert:  Harris replied 1 year ago.

Thank you. Firstly, a child has a right to a relationship with both parents and this can only be reasonably refused if there are child protection concerns.

In the circumstances I would suggest that you first write to her formally requesting for contact to return to the previous arrangements and explain why it is in your son's best interests and request a deadline for a response. If there is no response to your request you should make a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in the children's best interests. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a child arrangement order and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:

1.The wishes and feelings of the child concerned
2. The child’s physical, emotional and educational needs
3. The likely effect on the child if circumstances changed as a result of the courts decision
4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5. Any harm the child has suffered or may be at risk of suffering
6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7. The powers available to the court in the given proceedings

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.