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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have a son from a previous relationship but I am now

Resolved Question:

Hi, I have a son from a previous relationship but I am now married with a son with my husband. My son's biological father has not seen him or had any contact with him for 8.5 years (my son is 9.5years). We are planning on emigrating to Australia so have instructed a solicitor to help us. We also want to get PR for my husband. My solicitor has been in contact with my ex-partner and although he is saying he is not opposed to us going to Australia he has still not signed the form (4 weeks now) and to be honest I do not trust him and believe he is playing games. He is saying he is not sure about the Step Parent Parental Responsibility form (his words were 'he does not want to give anything away'). My solicitor explained he wont be giving anything away but he has now said he wants to meet me and my husband before signing the form. At no point has he asked about his son or asked to meet him. I do not want to meet him but my solicitor is saying I should or it will look bad on me if it goes to
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
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Expert:  Harris replied 1 year ago.

Hi, thank you for your question. In the circumstances your solicitor is correct in attwmpting to arrange a meeying but I would suggest that you 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 specific issue order and a form C1 for a PR order and a £155 court fee 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, thank you for your question. In the circumstances your solicitor is correct in attwmpting to arrange a meeying but I would suggest that you 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 specific issue order and a form C1 for a PR order and a £155 court fee 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 concerned2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedingsIf 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
Customer: replied 1 year ago.
Hi,We are going to go through a mediator but I do not see why I have to be in the same room as him. I have been told that I can have a separate appointment but use the same mediator. Can this not apply?I have not seen or spoken to him since my son was 1. My husband has been involved with my son since he was 3.I am fully aware of what the court looks for and my son is well looked after by me and my husband.You said the mediator will help us make the best decision in our child's best interests, however his biological father has not played any role in his life. He has not made any decisions for him at all. What I am asking is why do I need to be at mediation with him? Can I not do this in a separate appointment?
Expert:  Harris replied 1 year ago.

If you do not want to be in the same room you can request shuttle mediation which allows you to be in separate rooms.

I appreciate that the biological father has not been involved in his upbringing, however, under the law this does not extinguish his rights as a father or his parental responsibility (if he was registered on the birth certificate or if you were married to him) - and this can only be done by a court order or upon death of the father.

I hope this assists you. 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.

I hope this assists you. 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

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