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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have a verble agreement with my ex girl friend regarding

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I have a verble agreement with my ex girl friend regarding our son visiting , I am on the birth certificate, we have been having our son every other wk each , this as been going on for the last 15 months, now the ex girlfriend is now wanting to change visiting as she as got a new boyfriend , she now saying she wants our son every wkend to spend time with her boyfriends children I feel though she is pushing me out of my sons life , as she does things just to suit her needs and I don't think she is thinking about our son. I normal see my son every other wk for a wk , I currently got a new job and unable to come home every wk as she wants Monday to Wednesday with my son only , I told her I can come home every other wk as normal and have our son , when I am not there Thursday Friday my parents would have him , they will also bring my son up to visit me at weekends when it's on my week, she now saying if I am not there then our son won't be , what can I do to keep my son coming a wk about ? I still love with my parents and they have always been around my son I don't want this to change .

Hi, thank you for your question. In the circumstances you would need to initially make a referral to an independent mediator (you can find local ones here: The mediator will assist you both in reaching an amicable agreement that is in the children'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 the main carer's 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

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