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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 4332
Experience:  LLB (Hons)
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The police have confirmed that my wife should be giving me

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Hello the police have confirmed that my wife should be giving me access to my child however my wife is not providing access. What can be done about this please?
JA: What steps have been taken? Have any papers been filed in family court?
Customer: No its very early days. I have only verbally said i want a divorce.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does she live in?
Customer: She is currently living at my home purchased before I knew her. We have only been married 2 years and she is saying she wants to live there for 6 months but I have said she can stay there until her tenant moves out of her property. The house in castle point council canvey island essex.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yes it gets a bit complicated false allegations of domestic violence were made which were dropped by the police due to my wife being the one who has been violent and abusive.

Hi, I’m Lea and I will be assisting you with your query today.

I am very sorry to hear about your dilemma, but will do my best to provide you with advice and guidance on what to do next.

If you and the other parent cannot agree on the child arrangements you should try mediation as a first port of call; you will need to attend a MIAM at the very least before applying to court. If mediation is unsuccessful or the other parent won’t engage, or either of you meets the criteria for an exemption (see the C100 form for a list of those) the mediator will sign your form and you will be able to apply to court for a child arrangements order.

You do this on form C100, and the cost is £215 unless you are on a low income or benefits in which case you may be entitled to fee remission, see form EX160. The court will make a decision based on the best interests of the child.

Find a mediator here: www.familymediationcouncil.org.uk

C100 form: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/946762/c100-eng.pdf

EX160 form: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/952045/ex160-eng.pdf

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Customer: replied 7 days ago.
Thank you very much.
Customer: replied 7 days ago.
Also at first the police said they were not going to issue a Domestic Violence Protection Order however because my wife made a further false allegation of threatening behaviour when I went to pick up some belongings they issued one. I have it on a video recording that there was no threatening behaviour. I am appearing court tomorrow to challenge the DVPO. What are the grounds for challenge please?
The form makes reference to violence but this was proven to be false.

That is criminal law so you will need to post your query as a new question.

Customer: replied 7 days ago.
Ok thank you. So basically if my wife doesnt give me access to my child it can only be enforced by the courts and not before that determination by the courts has been made.

That's correct. Make your application sooner rather than later as it will take a few weeks to get a court hearing.

Customer: replied 7 days ago.
Ok thank you but I need to try to organise a MIAM first?

See the form - with a DVPO on you, you can tick one of the exemptions.

Customer: replied 7 days ago.
Thank you I couldnt see any exemptions I am at court tomorrow.

All the best.

SASH_Law and 3 other Family Law Specialists are ready to help you
Customer: replied 7 days ago.
Thank you

you're welcome