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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Does my husband have the right to stop me (their mother)

Customer Question

Does my husband have the right to stop me (their mother) from seeing them without me being present in court. I am currently in a rehab centre voluntarily to due to an alcohol relapse.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Please confirm:

-Are you in England or Wales?

-How old are the children?

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

Customer: replied 1 year ago.
England
12, 9,*****order in place
Customer: replied 1 year ago.
Can't afford phone call
Expert:  Harris replied 1 year ago.

Thanks for confirming. The children have a right to a relationship with you, however, this can be reasonably restricted if there are welfare or child protection concerns - in your case alcohol issues would be considered a child protection concern and he would be within his rights to seek that there is no risk towards the children and this can initially be through supervised contact at a contact centre.

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

I hope this 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,

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