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JimLawyer
JimLawyer, Solicitor
Category: Family Law
Satisfied Customers: 7148
Experience:  Senior Associate Solicitor
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I’m having a few issues with my ex partner who wants to take

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Hi, I’m having a few issues with my ex partner who wants to take our baby to Spain once a month to visit his family - he is 1 years old and whilst I have allowed it over Christmas I’m not sure if he can’t take him so frequently if I’m uncomfortable with his?
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: No, we have decided we would try to agree between ourselves
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: I live in beds
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: He wants the baby 2 days a week one week then 4 days a week the next ... I feel worried as he works all the time and feel the baby may be a bit neglected

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

It is understandable to have such as a concern - your child is young and if you are not comfortable with the current arrangements then potentially you can formalise the arrangements with a court order (assuming you cannot agree the current arrangements with your ex).

The court will order arrangements for contact and also custody. You need to contact your ex and say you will have to apply for a child arrangements order and if you are successful then you will ask the court to order that they pay the cost.

If they refuse your attempts to resolve this then you need to contact a mediator as the court will want to know whether you have attended mediation first before involving the court - the mediator will contact your ex and if they refuse to attend then you are free to make the application to the court. This is called “MIAM”, or a mediation assessment.

To find a mediator in your local area, use this site :

http://www.familymediationcouncil.org.uk/find-local-mediator

In order to apply to the court, you will need to fill out and send form C100 (copy attached) with a cheque of £215 payable to HMCTS to your local family court centre. Or you can ring the court and pay over the phone (or pay in person if you go directly to the court and pay at the counter).

If you are on low income/have low savings you can apply for a fee exemption here: www.gov.uk/get-help-with-court-fees

Once you apply the court will list a hearing where you and your ex attends. There will be a family advisor there too (from Cafcass) and if arrangements can be agreed then a consent order will be drawn up.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of 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.

Many thanks,

Jim


JimLawyer and other Family Law Specialists are ready to help you
Customer: replied 13 days ago.
Thank you so much ..