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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 7223
Experience:  Barrister at law
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I m father of 5 years boy and his mom she leave us 4 mouth

Customer Question

Hello I m father of 5 years boy and his mom she leave us 4 mouth ago for new boyfrind them she not interest long tim of my son them when my son start school i think he need her supprot i call her and ask if she can com to my home to help me she com and now she scered me all the time she take my son with her pernament to her and new boyfrind please can you tell me what I can do ??
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No I dont do nothink because i now my son he need mom and i dont need to take her of son but she start tak him to boyfrind and I please her to dont do it because im his father she not respect me not pay for nothink when i ask about money she scerred me all the time I have 20 witnesses for this im responsiibility person im alon with him im work
JA: 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: Im live in thetford Ip24 3eb I dont know nothink because i never was on this situation but im start worry
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Ok
Submitted: 17 days ago.
Category: Family Law
Customer: replied 17 days ago.
Hello
Expert:  plclegal replied 17 days ago.

Hello, my name is***** for your patience.

I’ll do my best to assist you today and I’m sorry that you are going through this. I appreciate that is is important that you find a resolution as soon as possible.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information. You may receive a phone call request which is from the site, not me, and you may choose to ignore this request.

Please be patient with me as I am generally assisting multiple customers at once and this is an email service, but will I will review your question and respond to you as soon as I can, as your question is very important to me. I hope that I can help you resolve your issue today.

Expert:  plclegal replied 17 days ago.

You may need to go to court to obtain an order for your son to be returned to your care or for contact in the alternative.

Normally you have to start this process by attending family mediation - see here for a link to find your local mediator:

http://www.nfm.org.uk/. Assessments are usually around £30-£40, and the mediator will advise as to how many sessions might be required. Mediation is a collaborative approach and allows you to talk through issues and concerns in a safe and protective environment.

Following that, if the mediation does not succeed in a successful agreement, you can apply to the family court for a child arrangements order (see below description), setting out the living arrangements and contact arrangements that you would like to see.

Urgent Application:

If you are concerned that your child would be at risk of harm in the mother's care and there is a risk that he will try and remove them from your care if contact is not agreed, you could consider applying for a prohibited steps order to prevent him being removed from your care. For this type of application

You would apply on a c100 form, 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 send 3 copies of this form to the local family court centre.

Alternatively, you can apply online:

https://apply-to-court-about-child-arrangements.service.justice.gov.uk/?utm_source=formfinder.

Child Arrangements Order:

The same form allows you to also apply for a child arrangements order. Here you ask the court to set the ground rules for contact, such as time, frequency and how and where it should take place, whether it should be supervised or not, that sort of thing.

So the c100 form is for both a child arrangements order and a prohibited steps order and you can make both applications at the same time.

There will be a court hearing after you apply and a family court adviser will be there in attendance too (from CAFCASS).

The application costs £215.00, and you can represent yourself so you don't need to engage a lawyer. You can also possibly get a fee exemption if you are on low income/have low savings.

For this you would need to fill out a fee exemption form: http://www.gov.uk/get-help-with-court-fees

Hopefully, I have answered your query in a way that is simple and easy to understand. If you have specific questions arising from my response, let me know and I’ll happily clarify for you.

In the meantime, thank you once again for using our services.

Please be aware that my answer is based strictly upon the information you have given me and is provided by way of general advice.

If you still need any points clarifying, I will be happy to reply because the thread remains open for you.

I am always happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the thread.

Thank you for your trust in our service.

Best wishes,

Peter

Expert:  plclegal replied 16 days ago.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter