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Ask Harris Your Own Question
Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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What rights do I have as a father as my ex partner is

Customer Question

What rights do I have as a father as my ex partner is stoping me seeing my son
Submitted: 8 months ago.
Category: Family Law
Expert:  Harris replied 8 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-How old is your son?

-What have the arrangements been to date?

-Are you named on his birth certificate?

Customer: replied 8 months ago.
He is 5
The arrangements were every other weekend and to sleep over,the weekend I didn't have him two nights in week with tacking him to school and collecting ,she then stopped that and said he had to come home every night as I only have a one bedroom house and she said he needs his own room he does have his own bed in room.
Yes I am
Expert:  Harris replied 8 months ago.

Thanks for confirming. Given his age you do not necessarily need a separate bedroom when he stays over with you. Your child will have a right to a relationship and contact with you which she can only restrict if there are welfare or child protection concerns and if the only issue she is raising is you having a one bedroom property, then she will not have good prospects to continue denying the requested arrangements.

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 your child'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

Expert:  Harris replied 8 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.