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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I need some advise on child care arrangements

Resolved Question:

I need some advise on child care arrangements
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
My son is nearly 13 and wants to live with me. Our current arrangement is that he spends 3 night with me and 4 with my ex wife, however we have been to mediation and he has made it very clear that he wants to live with me. My ex wife is insisting that he stays with her the 4 nights but it is really effecting him as on a number of occasions he was run away from her to be with me and i have had to put him in the car and take him back . He gets very upset that he can not be with me more. The environment at her house is very argumentative particularly with his half sister who is approaching 21. I want to do what best for him and at the moment he thinks I am not fighting hard enough for him. Some advice would be appreciated.
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Please confirm:

-Are you in England or Wales?

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

Customer: replied 1 year ago.
I am in England and the terms were mutually agreed between us.
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Harris replied 1 year ago.

Thanks for confirming. Firstly, as there is no court order, the current arrangements are not enforceable should they break down. Given your son's age and the views he is making of wanting to live with you, as well as the issues you have raised about his current living arrangements, you would have grounds to consider pursuing an application for a child arrangement order (for residence).

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 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

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