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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 4223
Experience:  Barrister at law
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Can my partner dad take my son away? Assistant: What steps

Customer Question

can my partner dad take my son away?
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: nothing yet, just need advice
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: United kingdom
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: no thanks
Submitted: 12 days ago.
Category: Family Law
Customer: replied 12 days ago.
Can my partner take my son away? I’m living in constant fear of this. Our relationship has broken down and he refuses to leave without him and if I want to leave I can’t take him
Customer: replied 12 days ago.
His family are telling him to take him, he’s poisoned everyone against me. I really don’t know what to do. I don’t want to just take my son away because that would make me look awful and I don’t want that. I have three happy healthy children from a previous relationship that I have sole custody of and never had a problem with.
Expert:  plclegal replied 12 days ago.

Hello, my name is Peter and I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

You will need to seek a child arrangements order from the family court if you cannot agree about who will have care of your son.

Such an order can set out who looks after the child and when. Such an order once made can be enforced if it is breached. In order to do this, you will need to arrange for and attend a mediation appointment with your ex first to see if an order can be agreed. Even if you and your ex end up having to go to court to sort out the differences, you will normally need to prove that you’ve been to a mediation information and assessment meeting (MIAM). This is an introductory meeting to explain what mediation is and how it might help you. If your ex doesn't want to see a mediator, you should go to the MIAM on your own. You’ll then be able to prove you’ve tried mediation if you later want to go court. You can’t force your ex to go to mediation. In order to find a mediator you can use this link on the Family Mediation Council website here: https://www.familymediationcouncil.org.uk/find-local-mediator/

You’ll normally have to pay about £30 for an MIAM, although sometimes this first meeting is free. Follow-up sessions usually cost you and your ex about £80 each - most people need to go to 3 or 4.

The cost of mediation varies depending on where you live. Phone around to find the best price, but bear in mind the cheapest might not be the best.

If the MIAM does not work and you not able to agree to mediation you will need to go to court. This will require you to fill out form C100 which can be found here: https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge

You can find guidance on filling out the application here: https://www.gov.uk/government/publications/family-court-applications-that-involve-children-cb1

Send the original form and 3 copies of it to the nearest court that deals with children, you can find your nearest court here: https://courttribunalfinder.service.gov.uk/search/

The application will cost £215. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

 

Expert:  plclegal replied 11 days ago.

Can I assist you further with your question?

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (top right of your screen) I'll be credited for my time spent responding to your question.

Kind regards,

Peter

Expert:  plclegal replied 6 days ago.

Can I assist you further with your question?

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (top right of your screen) I'll be credited for my time spent responding to your question.

Kind regards,

Peter

Expert:  plclegal replied 2 days ago.

Hello.

I didn’t receive confirmation that you received my response to your question.

Was there anything that needed clarifying at all?

Kind regards,

Peter