Hi, thank you for your question. Just a bit more information required to fully assist you:
-Are you the mother or father? If the father, is your name on the birth certificate?
-How old is the child?
-What are the arrangements and are they in a court order?
Thank you for confirming and apologies for the delay in contacting you. Firstly, the children are entitled to a relationship with both parents which can only reasonably be restricted if there are child protection concerns. She could reasonably argue that it is a concern that he allowed a 6 year old to go back to the home alone.
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 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 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
Apologies for the confusion. In that case, as long as the father was with him and there are no other concerns, she has no grounds to attempt to restrict contact and I would suggest he follows the above procedure if she does not voluntarily agree to resume the arrangements.
My name is ***** ***** I have been a family lawyer for more than 30 years
Just to add to the above.
It is for both parents to agree how the children share their time between them - and it is helpful if they can agree a Parenting Plan.
However it is important then to respect the timings that have been agreed and not to "decide" to do something else when that time comes.
Neither parent did well on this occasion
Instead of "informing" Dad should have asked and made sure that the child understood that it was up to Mum whether the time was extended or not.
Equally mum could have been a little more flexible - but no doubt she was angry at the way it was approached.
Family Mediation is certainly the best way forward as a Court Order is even less flexible than the current arrangements.
They can both read more on this site
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Thank you - I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris