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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1373
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My son has been told by his ex partner that he cannot see his

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My son has been told by his ex partner that he cannot see his 5 month old daughter simply because he didn't attend a memorial church service for his daughter that was still born 18 months ago he told that he didn't need to go to church to remember his daughter all he wants is to be a father to his daughter please can you help as his ex partner is a nasty person
Welcome to Just Answer
I am a Solicitor and will assist you.
I am very sorry to hear about these circumstances and that your sons ex has been preventing him from seeing his daughter.
I do think that you son is going to have to make an application to the Court for a Child Arrangement Order to confirm the time that he spends with his daughter.
Before he can make an application to the court - he will have to refer the matter to mediation first. If he doesn't do this then the court will reject his application. Mediation help try and help them agree and for his ex to understand how important it is his daughter to have a relationship with your son. If his ex won't engage or you can't agree then the mediator will sign the form he need for court.
There are lots of mediation services and there will be one local to you. Just google Family Mediation in your area and give them a call to start the ball rolling.
You make an application to court on Form C100. Send to your local family court. The court fee is £215. You may get a remission on the court fee dependant on your circumstances - see form EX160
It is the view of the court that children have the right to have a good relationship with both of their parents unless there are child protection concerns. There have been a lot of changes recently and it is now emphasised that both parents have equal rights.
Once an order is made - if his ex breaches the order then he can return the matter back to court to seek enforcement. The court also has the ability to sanction the mother for a breach and this can include a fine or community work.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
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