Hi, thank you for your question. What is the issue in relation to access to your son?
How old is your son and are you named on his birth certificate as the father, or were you married to the mother?
Thanks. As you are on the birth certificate you have parental responsibility and therefore a right to be consulted and involved in your son's upbringing. Furthermore, in relation to the contact arrangements, your son has a right to a relationship with you and this can only be reasonably restricted by the mother if there are child protection concerns.
Due to your income you will not qualify for legal aid to deal with the family law matter. 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 son'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 concerned2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedingsIf 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