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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1440
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have two children with an ex-partner. Aged 7 and 4. I'm

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I have two children with an ex-partner. Aged 7 and 4. I’m the father.It’s been about 2-3 years and whilst child-care arrangements between us haven’t been too bad, it’s now getting to a stick situation that I’d like advice on.I have the children, every Wednesday and alternative weekends.As much as I get frustrated with the mother of the children, she has been good in the sense that she would come here to pick the kids up on the Sunday afternoon, would drop the needed additional school wear (on Wednesday) etc.However, she’s now at a stage where she’s sick of doing all the running around and it stating that I now need to start doing it.The issue I have is she lives with a person that has shown a lot of violence towards me. (Her partner.) He’s been to the property numerous times on violent terms and has also been arrested and charged on different occasions for criminal damage to the property and assault by beating to myself.This is the main reason the situation has always been for her to pick the kids up.
Based on previous experiences, I would be too worried of violence to myself if I went to her property to drop the kids off.Currently I also have them on Wednesdays. On a Thursday, the children have P.E in school so require P.E – Normally she would either put the P.E kit in the bag on the Wednesday and drop it off at the house. Now she’s stopping that and stating I need to buy kit and put it in their bag. The issue with this is that I’d need to buy a fresh kit each week as the clothes would then end up at hers.What is the best way for me to deal with this? If I got a court order or something, would they be able to create terms that she has to pick them up from mine of a Sunday and put P.E kit in their bags on a Wednesday morning to avoid any potential violence?Up to so far we’ve just had a verbal agreement between ourselves but she’s now changing on that.
Hello Welcome to Just Answer I am a Solicitor and will assist you. Please may I ask: - what is the travel distance?- when was the last time that the partner was aggressive to you?- have you told the mother the reason why you do not want to attend at her property? kind regards Caroline
Customer: replied 1 year ago.
- It's only about*****- It was about 4 months ago. He was arrested and charged with assault by beating. Told not to go near me again.- Yes, I've told her this but she doesn't seem to be bothered. She thinks he's fine.
Hello Thank you for clarifying that for me. With such a recent assault - I consider that you are right not to be attending at the mothers property to collect your children. Not only because of the risk of harm to you - but also because such exposure to your children is also harmful. Is there perhaps a middle ground - say another person collecting your children? or the children staying with you until the Monday and you dropping them off at school? It is the normal position of the courts that travel should be shared but that it with all things being equal but with such a recent I do however consider that a court would agree that the mother should take the burden with such a recent assault and if there are no other options. You do not need to buy additional uniform for the children and the mother should provide this. I reccomend that you try and mediate with the mother. 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 get the ball rolling. The mediator will try and help you both agree without the need for court. If matters cant be agreed at mediation or the mother seeks to restrict your time with your children as a result of you not being able to collect ten you do need to apply to court for a child arrangement order so that the court can decide the issue. This is on Form C100. Send to your local family court. Court fee is £215. If the mother later wont comply with a court order you can seek enforcement and the court could sanction the mother including fines/ community service. Let me know if I can clarify anything for you or assist you further. Kind Regards ***** ***** kindly remember to star rate my service so that we receive credit for helping you today
Customer: replied 1 year ago.
Is mediation required first or can I go straight for a C100 form?
Customer: replied 1 year ago.
Ignore that. I can see the form states it's required. What should the "nature of application" be?"Child arrangements order" or "prohibited steps"?
Hello Yes mediation is required first - you have to attend at least 1 assessment session by yourself. If you don't do this the court will reject your application. The mediator will sign the C100 Form you so that your application form doesnt get rejected by the courts.
Hello Its a Child Arrangement Order that you need. You are asking the court to make an order in respect of the time that you spend with your children. Kind Regards Caroline
Customer: replied 1 year ago.
Last question and then I'll give the rating. The "Child Arrangement Order" would cover the specifics, correct? IE; provide a uniform on the Wednesday morning etc?
Hello Yes - the Judge can make decisions as to the issues about the uniform and pick up and drop offs and these can be included in an order. Kind Regards Caroline
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