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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1767
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex and I are now in dispute over child care and I have

Customer Question

My ex and I are now in dispute over child care and I have just been called an unfit mother by his partner and she is threatening to take my child from me. I would like to understand how I can resolve this issue.
Submitted: 3 months ago.
Category: Law
Expert:  Harris replied 3 months ago.

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

-How old are the children?

-What have arrangements been to date?

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

-What are the issues she has raised regarding being an unfit mother?

Customer: replied 3 months ago.
My child is 8. The current arrangements are supposed to be on his days off he has his son, this changes from week to week. No current court orders in place. My son was supposed to be picked up this morning, but I got a message asking if I could drop him off which I did and his Dad hardly even spoke to me it was his partner that just started have an argument with me in the doorstep.
Expert:  Harris replied 3 months ago.

Thanks for confirming. Firstly, his new partner has no rights in relation to your child and it is not her position to attempt to take your child from you or prevent the arrangements

Your child has a right to a relationship with both you and the father and this can only be reasonably restricted if you have child protection or welfare concerns.

In the circumstances if you cannot sort out the arrangements directly between you 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 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

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

Expert:  Harris replied 3 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.

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