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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I need to get legal advice on 2 matters (related), access to

Resolved Question:

HI I need to get legal advice on 2 matters (related), access to my son, and a charge for malicious communication (which I am currently on bail for). Regards ***** ***** latter, whilst I am not proud of my communication, it has been as a result of reaction to various happenings since the split with my ex partner
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. What is the issue in relation to access to your son?

Customer: replied 1 year ago.
I Split with my partner last September, we have not formalised any access, I have had access weekly but I want this formalise along with my parental rights. My partner has been hesitant with Mediation. I also have a situation now where I have reacted to unwanted correspondence from her parents along with other incidents, this led me to send a string of angry texts at xmas where I was given a caution. I am now also on bail following a charge of malicious communication, which again was a reaction to unwanted correspondence and being insensitive to my sore state.
Customer: replied 1 year ago.
just to add my partner has been very controlling in terms of when I do have access which has caused more tension. Dictating as to how I can programme to get overnights etc.. She has also made no attempts to work a parenting plan and I heard by text which school my son will be going to. I earn £58K a year, do I qualify for free legal support or can you recommend how I can do this over the phone or by other means
Expert:  Harris replied 1 year ago.

How old is your son and are you named on his birth certificate as the father, or were you married to the mother?

Customer: replied 1 year ago.
I am the father on his birth certificate, he has my surname. I was only engaged to his mother for 11 years.
Customer: replied 1 year ago.
My son was born 15/08/12
Expert:  Harris replied 1 year ago.

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 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

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