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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1371
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My son's ex wife has moved 300 miles away and will not respond

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My son's ex wife has moved 300 miles away and will not respond to any requests he makes for access. What steps should he take to gain reasonable access to see his daughter. They never obtained an Irder for custody and agreed at the time of divorce, that he could have access at any time he required ?
Hello Welcome to Just Answer I am a Solicitor and will try and assist you. Please may I ask: - when did the mother move?- how old is his daughter?- is there any contact happening at present? Kind Regards Caroline
Customer: replied 2 years ago.
The mother moved away 2 years ago. The daughter will be 5 in April. My son is allowed to text his ex wife but she is not responding.
Customer: replied 2 years ago.
My son used to FaceTime with his daughter, when her mother permitted it, but she informed my son that the iPod they facetimed on had been broken. My son bought another one for his daughter's birthday, but his ex said that the daughter no longer wanted to speak on FaceTime.
Hello I am so sorry to hear this. Is there no provision for your son to see his daughter? Is this not possible for him - say in holidays etc? Kind Regards Caroline
Customer: replied 2 years ago.
Hello CarolineThank you for your response. My son requests visits on birthdays, Christmas, school holidays and other times when our family gets together, but his ex wife either refuses these requests or ignores them.
Hello Your son needs to apply to the family courts to seek a Child Arrangement Order for the mother to make his daughter available to spend time with him. I will prepare an answer for you now - as to how he goes about this. This will take me about 10 minutes. Kind Regards Caroline
Customer: replied 2 years ago.
Thank you Caroline.
Hello It is a shame to hear that she moved so far away - as this will obviously impact on the relationship that your son gets to spend with his daughter. The courts would expect that the mother promotes the relationship between your osn and his daughter - especially given the fact that her move has made contact difficult. The proposals that your son is asking for are not unreasonable and I do not consider that a court would disagree with what your son is asking for. They are sensible proposals given the circumstances and I consider that a court would likely make an order in the terms that your son is asking. It is the position of the courts that children are entitled to a relationship with both of their parents unless there are child protection reasons as to why this should not happen - and this is not being said here. The first thing your son needs to do is ring a Family Mediator in the area where his daughter lives. There are lots of Family Mediators - so he just needs to google a family mediator in that area and give them a call to self refer. Mediation will try and help the parents agree a routine without the need for court. If the mother wont agree or she wont engage in mediation - then they will sign the form that he needs to apply to court. Your son has to apply to mediation before he can apply to court - otherwise the court will reject his application. The court form is the C100. The court fee is £215. This is sent to the local family court to his daughter. If the court makes an order and she wont comply - then the court can sanction the mother including a fine/unpaid work. Please do not hesitate to ask if I can clarify anything for you. Kind Regards Caroline Please kindly remember to star rate our service so that we receive credit for helping you today
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Customer: replied 2 years ago.
Thank you so much for this advice. I will pass all of this information to my son and he can get the ball rolling.
glad I could help :-) The sooner he starts things the better so that he can see his daughter again. Kindest Regards Caroline