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?
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 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
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