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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1949
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My boyfriend has split up with his wife 6 months ago and is

Resolved Question:

Hi my boyfriend has split up with his wife 6 months ago and is only letting him see his children 3 hours a week he is a very loving and caring farther who just want to spend time with him and she is stopping him from see them when ever he likes he really wants to bring them here to where he is living with me now there is no court order at the moment but he is so scared that he will never see them again so he does as he is told he has to ring them a a certain time every night if not she won't answer the phone and he gets nasty texts all the time and stupid hours in the morning please need some legal advice any advice what he can do thank you
Submitted: 4 months ago.
Category: Family Law
Expert:  Harris replied 4 months ago.

Hi, thank you for your question. How old are the children?

Customer: replied 4 months ago.
The twins are 8 years old
Expert:  Harris replied 4 months ago.

Thanks for confirming. The children have a right to a relationship with the father which can only reasonably be restricted if there are child protection or welfare concerns. The father and children will need a regular and consistent arrangement and it would be expected that this would gradually increase as they get older.

In the circumstances I would suggest he writes a letter setting out his proposals for contact and why it would be in the children's best interests. If this does not help, 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

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1949
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Customer: replied 4 months ago.
Thank you that's helpfull

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