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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 4500
Experience:  LLB (Hons)
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Parental responsability dispute

Customer Question

parental responsability dispute
Submitted: 16 days ago.
Category: Family Law
Customer: replied 15 days ago.
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Customer: replied 15 days ago.
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Expert:  SASH_Law replied 15 days ago.

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

Can you explain a bit more about what you need to know regarding your parental responsibility dispute?

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Customer: replied 15 days ago.
hi, i am in a dispute with my ex wife and husband over parental responsibilty for my 2 children i have with my ex wife. Me and my ex Wife have Parental responsibility and she is trying to gain Parental Responsibility for her Husband, My Boys Stepfather. I have asked the question on here before and the advice i had was to oppose it which is what i wanted to do. Things have moved on from me intially opposing this to now having recieved a letter from their solicitor saying they want me to attend a mediation meeting which isnt something im particularly interested in doing as i will not change my mind on this matter. and that they will make a court application if i refuse to grant the parental responsibility. My Grounds for refusing giving my consent is that my ex wife and her husband are actively trying to cut me out of my childrens lives as it is and i believe that by giving my consent this will only make this problem worse. My eldest child with my ex wife has complex medical needs and has done his entire life, this is their reasoning for giving her new husband parental responsability. I live 10 mins away from my ex wife and our children, so i dont feel there is any need for this as i can attend appointments and give any medical consent when she cannot. As i have said i feel this is just another attempt at my ex wife and her husband in trying to cut me out of there life, as an example my eldest son had surgery, my wife and her husband agreed to a do not resuscitate order being put in place for him in the event of a medical faliure, i was not even told about this, let alone being given the oppertunity to discuss this with anyone and this kind of behaviour from them is pretty standard with both of my children. They keep important things from me as regards ***** ***** upbringing
Expert:  SASH_Law replied 15 days ago.

Thank you for the background information - so what is your legal question about this?

Customer: replied 15 days ago.
Firstly, What would happen if i just ignored all correspondance from their solicitor? could they just go ahead and take this to court?Is their any implications if i do not attend mediation?I have listed my grounds as to why i am opposing this, how do formally oppose?
Expert:  SASH_Law replied 15 days ago.

Yes, they can go ahead and make an application to court. Mediation is a step that has to be tried before they can apply to court - so even if you decide not to attend, the applicant will have to attend what is known as a MIAM in order to get the application to court signed off. That is a legal requirement. The mediator is the one that should contact you at that stage, but you are free to refuse to attend mediation if you don't want to go.

The main issue with not attending mediation is that the matter can get to court and be adjourned with an order for you to attend mediation, but I don't think that will happen in your case as the issue is clearly a serious one that requires a court decision if the two of you are already not in agreement.

You formally oppose when you receive the court papers. You will receive a C7 acknowledgment form along with a copy of the C100 application, and you will respond on that.

Customer: replied 15 days ago.
ok, so if i attend mediation does the mediator decide if it goes to court? i highly doubt me and my ex wife will agree to anything. If it goes to court and they fail to get parental responsibility for her husband, can they try again?
Expert:  SASH_Law replied 15 days ago.

No, the mediator mediates to see if agreement can be reached. If not, the mediator signs the mother's application form and she can apply to court.

Yes, they could try again - but they'd have to wait a period of time for something material to change that meant a second application was needed.

Customer: replied 15 days ago.
Ok, they are also making access to my children very difficault since all this started, could i get something formal as in a court order for access to my children at the same time as all this is going on? or would i need to open my own case for this?
Expert:  SASH_Law replied 15 days ago.

Yes, definitely - you should not be pushed out of the children's lives, that is not going to be in the children's best interests.

You can apply 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

E160A Notes: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/958038/ex160a-eng.pdf

Customer: replied 15 days ago.
ok thanks for your help
Expert:  SASH_Law replied 15 days ago.

You're very welcome.

All the best.