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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 895
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My 38yr old niece has had to leave her home in Halifax as

Resolved Question:

My 38yr old niece has had to leave her home in Halifax as she was going to be evicted. Her boyfriend (the father of her 10yr old son) has keep the boy with him and his new girlfriend. He has not allowed her to speak to her son, he does not keep in contact with her to give her updates. She is currently on Job seekers and living with the 83yr old grandmother in London.
I do not see how mediation can work esp as she has not money to go to Halifax.
He family all live in London.
How can she arrange to see her son and have him the 6 weeks holidays coming up this July.
Thank you Mrs Fairclough(her aunt)
Submitted: 2 months ago.
Category: Law
Expert:  ukfamilysolicitor replied 2 months ago.

Dear Mrs Fairclough

Welcome to Just Answer

I am a Solicitor and will assist you.

I am sorry to hear about the difficulties that your niece is experiencing.

It is important that your daughter has a relationship with her son and this should not be unduly denied.

It is the position of the courts that children are entitled to a good relationship with both of their parents and this should be promoted so long as there are no child protection concerns why this should not happen.

In respect of mediation - this is a good way of avoiding court and resolving matters amicably.

Technically, if mediation is not attending prior to making an application to court for a Child Arrangements Order (to confirm whom the child should live with and should spend time with) then the courts will automatically reject the application.

It may well be that given the circumstances that a mediator feels that this case needs to go to court rather than mediation. The mediator can make such a decision after just discussing matters with your niece.

I would therefore recommend that your niece rings a mediator and describes the circumstances - given the circumstances they might sign the form so that she needs to apply to court.

Let me know if I can help you further

Kind regards

Caroline

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Customer: replied 2 months ago.
Many thanks for your reply. No sure how mediation will work with him in Halifax and her in London
I will show her your reply later today.
Many thanks
Siobhan Fairclough