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JimLawyer
JimLawyer, Solicitor
Category: Family Law
Satisfied Customers: 4073
Experience:  Senior Associate Solicitor
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My adult son wants more access to his daughter he only has

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Hi my adult son wants more access to his daughter he only has her on a Saturday night till Sunday afternoon, then his daughters mother changes times and sometimes says he can’t have her as they are doing something. Is there anyway we get get something legal for his access or he could get 50/50 access
Assistant: What steps has your son taken? Have they filed any papers in family court?
Customer: No he can’t afford to see Solisitors
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does your son live in?
Customer: Worcestershire
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

Yes indeed, he can apply for a child arrangements order if his ex does not let him see his daughter enough or changes the arrangements. Your Son will need to contact a local family mediator first before applying and he can do that here: http://www.familymediationcouncil.org.uk

The mediator will do an assessment which is usually around £30 and then recommend a few follow up sessions. They should be able to tell him if he qualifies for legal aid.

Once he has have done that, he will need to fill out form C100 (a copy of which is attached) and send 3 copies to the local family court centre. There will be a hearing after he sends that form in and a family court adviser will be there in attendance too (from CAFCASS).

The application costs £215 payable to HMCTS (by cheque or over the phone if he rings his local family court centre). He can get a fee exemption if he is on a low income/has low savings. He would need to fill out a fee exemption form (http://www.gov.uk/get-help-with-court-fees)

The court will likely grant a child arrangements order if it would be in the child’s best interests. The courts encourage both parties to be involved in their child’s upbringing. Reasons why a court may refuse would be if there is a history of domestic violence or alcohol/substance abuse, or another reason why it would not be in the child’s best interests if a contact order were to be made.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button on your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Kind regards,

Jim

Customer: replied 1 month ago.
Thanks for that information but she won’t have anything to do with him she only goes through me, to be honest I don’t want to be in the middle of them, there are no reports of domestic violence but she has a txt from me when my son and i fell out and he was abusive towards me. Will this effect his chance of more access.

That's OK, I would tell her your Son can apply to the court though so it makes sense for her to be more amenable to contact arrangements. No that wouldn't affect the access

Customer: replied 1 month ago.
Thankyou

No problem, if you can please click to accept the answer and give me a 5 star rating I would be grateful.

Have a good day

Jim

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