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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 8020
Experience:  Barrister at law
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My expartner won't allow me to speak to my children, No have

Customer Question

Hi, my expartner won't allow me to speak to my children
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No have filed anything. She thinks she is in her right to stop me speaking to them
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: South Shropshire
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I was paying 350 maintenance as we had a loan when we broke up which I believe has been paid off, I gave 3 months warning that I was cutting payment and now I'm not allowed to speak to them
Submitted: 10 days ago.
Category: Family Law
Expert:  plclegal replied 10 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 10 days ago.

Good morning and thank you for you patience.

The issues of you spending time with/ speaking to you children and you supporting them financially are separate issues entirely.

You do have a legal obligation to provide maintenance for your children, and this is something you can't get out of even if you don't see them that often (or at all).

What you pay depends on what you earn, and you can use the calculation tool here to work out what it should be: https://www.gov.uk/calculate-child-maintenance

As I said though this is separate to the right your children have to have contact with you - they should be seeing you regardless of what you pay in maintenance.

You are going to have to try formal channels to reinstate contact I'm afraid.

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.

Expert:  plclegal replied 9 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