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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2810
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I've been seperated from my ex years now. My son lives 300

Customer Question

I've been seperated from my ex for 4 years now. My son lives 300 miles away from me. And visit him once a month. I was spending the weekend at my exs. Now my ex has banned me from coming to the house because I'd like my son to come and visit me on a weekend every now and then. But she doesn't want him too. The only time I get to see him is in his bedroom for one day. I'd like him to get to know my side of the family. And spend some time with me without being watched all the time. Have I a right to see my son. And am I expecting to much in asking him to visit me for one weekend every couple of months
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:

-How old is your son?

-Are you named on the birth certificate as the father?

-Are there any court orders in place, if so what are the terms?

Customer: replied 1 year ago.
Hiya my son is 8 years old.
Yes I'm on the birth certificate
And no court order in place. Because before she left my ex said she would never stop me seeing him. But that's all changed now
Expert:  Harris replied 1 year ago.

Thanks for confirming. Firstly as you are named on the birth certificate you have parental responsibility and therefore have a right to be consented and involved in major decisions in his upbringing such as schools and health decisions, and the mother will require your consent to take him abroad.

In relation to contact arrangements, he has a right to a relationship with you which can only be reasonably restricted if there are child protection concerns. The main issue that you will have is how contact will take place given the distance between his main residence and your location - however, as you have requested infrequent contact, this would be reasonable and should be pursued. You should also consider whether there should be longer durations during his school holidays.

In the circumstances 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 your son'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 her 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.