Ask a Family Law Question, Get an Answer ASAP!
Hi, thanks for your question. The children have a right to a relationship with both parents which can only be reasonably restricted if there are child protection concerns and there must be a routine to their arrangements for contact.
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 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
Thanks for the further information. As there is a court order in place which is not working you should consider applying to court to vary the previous order given that the arrangements have never been adhered to. You can do this under form C100 and a £215 as mentioned above.
In relation to contact with him, unfortunately, as you are both the parents, there has to be some level of communication between you and therefore the best option is to propose for all communication to be done in writing (ie. by email or text).
I hope this further 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 your question without a positive rating. Thank you.