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Joy Nicholas
Joy Nicholas, Lawyer
Category: Family Law
Satisfied Customers: 2267
Experience:  Lawyer
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I was forced after threats last night to allow my son to go

Customer Question

Hello I was forced after threats last night to allow my son to go to his dad under the agreement he would bring him back tomorrow morning. After he picked him up from my mum he took him and said he will not be bringing him back until Tuesday. I ban beside myself and don’t know where I stand or to get him back
Submitted: 17 days ago.
Category: Family Law
Customer: replied 17 days ago.
File attached (L7T1445)
Customer: replied 17 days ago.
This was the threats last night and there is lots more. I was trying to avoid confrontation and the Police so I called and he agreed that he would bring him back Sunday
Expert:  Joy Nicholas replied 17 days ago.
Hi, thank you for your message. Welcome to just answer. I am sorry to hear about your situation. Can I confirm is this a private agreement between you?
Customer: replied 17 days ago.
it is
Customer: replied 17 days ago.
No court or anything
Customer: replied 17 days ago.
I don’t know if I should call the police and file a report
Expert:  Joy Nicholas replied 16 days ago.

Hi, thank you for your message. Again I am sorry to hear about your situation. I would advise you to seek a child arrangement court order 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://www.gov.uk/looking-after-children-divorce/apply-for-court-order

The application will cost £215. If you want to find a solicitor to assist with this process and represent you at the hearing you can find a solicitor using the Law Society find a solicitor search option here: https://solicitors.lawsociety.org.uk. You can search by town or postcode to find one near you, as well as area of law in this case family law.

I hope this helps and I wish you all the best in dealing with this matter. Please do not hesitate to contact me should you have further questions regarding this matter. I am happy to answer follow-up questions - please do get in touch with extra information or further queries and I will do my best to help you. Best wishes.

Expert:  Joy Nicholas replied 16 days ago.

Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions-I am happy to help!