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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2784
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been separated from my sons father for 3 years, he is

Customer Question

I have been separated from my sons father for 3 years, he is an alcoholic and when we first separated he didn't see much of our son, ever since he's been in and out of his life with no notice or communication and then comes back expecting things to go back to normal, I have been letting him come to my home or meeting at the park as my son isn't very happy about being separated from me and I could never trust that he hadn't had a drink. I was just wondering where I stood legally?
Submitted: 3 months ago.
Category: Family Law
Expert:  Harris replied 3 months ago.

Hi, thank you for your question. Please confirm:

-How old is your son?

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

Customer: replied 3 months ago.
Hi my son is 4 (nearly 5), there are no court orders as we were trying to sort things out between ourselves.
Expert:  Harris replied 3 months ago.

Thanks for confirming. In the circumstances you would need to initially 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 the main carer's 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 2 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. You will not be charged for providing a rating.

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