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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 7997
Experience:  Barrister at law
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My question is regarding my son’s parental rights please. He

Customer Question

Good afternoon , my question is regarding my son’s parental rights please . He has a 6 year old and has been separated from his wife for 9 months after she had multiple affairs. She is in a casual relationship now and is allowing her partner to be with my sons child , even allowing them time on their own . However my son is now in a committed relationship and the ex refuses him to be allowed to spend time with his partner and his son ( she would not be spending the night but is not even allowed to be in the same place as my sonwhen he has his son with him ) is this allowed legally ? Also he has his son every other weekend and then we have him 2 days a week ( at the moment he doesn’t sleep but this is being discussed , and the only reason she doesn’t want it is money , again is this allowed to be just her discussion legally? Please .
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Family city has not been envolved at the moment . Money is a big issue because the ex won’t pay towards anything , my son desperately wants a divorce but by the time he has paid 2/2 the mortgage , rent in his flat and child maintenance he has no money ( he is paying over the top in child maintenance I think ? £300 is what he is paying plus half the mortgage
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: is family court a free service ?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No I don’t think so thank you
Submitted: 7 days ago.
Category: Family Law
Customer: replied 7 days ago.
Hello will somebody be calling me regarding this please ?
Expert:  plclegal replied 6 days ago.

Good evening and thank you for requesting help with your legal issue, I am happy to assist. The moderators alerted me to your request for help. I am a family law barrister and will be able to assist you.

I will not be able to respond in full this evening, as I have already finished work for the day. I hope that you don't mind waiting for a response until the morning, when you will have my full attention.

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.

Thanks for your understanding, Peter

Expert:  plclegal replied 6 days ago.

Good morning, thanks for your patience.

In short he has as much right to decide what his child does in his care as his wife does. He also has as much right to object to his son spending time with his wife's new partner as she does to his.

The family court won't prevent him from introducing a new partner to his son though, particularly if mum has already done this with her partner.

He should be having regular contact, including overnights, and what his son does in his time is up to him.

The good news is that the costs of this are fairly minimal, as far as court fees are concerned.

Mediation has to be the first point of call as it is a legal requirement prior to issuing an application in the family court.

You 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.

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.

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

I hope that this answers your question?

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

Customer: replied 6 days ago.
Thank you for your response , it is very helpful . PLease can you also advise if his son sleeps here on the days that we have him (2 days weekly) my son would be with him up until bedtime as his work is up far away for his son to stay overnight at his and get him to school I’m the morning . ( his son is here until bedtime on those days anyway now ).should it be classed as shared custody as he is also at my sons every other weekend from Friday to Sunday night many thanks
Expert:  plclegal replied 6 days ago.

The courts are not too fussed about the classification of shared/ joint custody or sole custody - the word custody doesn't feature in court orders any more.

It would be described as a "joint lives with" order, given the amount of time that they spend with each parent. But this does not mean it's 50/50, as the days and times are still going to be defined by the court order. I hope that this makes sense?

Customer: replied 6 days ago.
Thank you, ***** ***** you tell me what the legal requirements or options are regarding the mortgage for the family home , where she is currently living ? In respect of payments and if it is awarded as 50/50 joint lives with order descision how is it decided who should live in the house please ?
Expert:  plclegal replied 5 days ago.

Of course - happy to clarify. It's a separate issue. Who the children spend time within separate from the issue of the joint assets (i.e. the home). Legally though he has an obligation to the mortgage company, its the norm that if he has moved out she would cover the mortgage costs. This is because he does not have the benefit of living there.

Only if she fell into arrears with the mortgage and they were looking to repossess would this then become an issue for him. His child maintenance ce payments would go partially towards mortgage payments, obviously.

Who gets to live in the house in the short term is based on agreement or in the absence of this a court order for occupation.

In the long term the court will either decide that one party buys the other out, the hose is sold and proceeds posit or one party remain s in the house until the children are adults at which point a sale is triggered and profits split. As to which option would most likely be favoured - its impossible to say without sight of full financial disclosure.

I hope that clarifies as best I can for you?

Customer: replied 5 days ago.
Thank you so much this is really helpful . He has no money at the moment because he pays half the mortgage and then £300 per month on top for 1 child but of the child maintenance should be going towards the mortgage , what should he be paying the mortgage is £700 so he is paying £350 plus the £300 child maintenance . So with the rent and bills for the flat he is in it leaves him nothing is he paying more than he should ?
Expert:  plclegal replied 5 days ago.

He can work out what he should be paying with the link here:

https://www.gov.uk/calculate-child-maintenance

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