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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 4924
Experience:  LLB (Hons)
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My son is 9, in the beginner of the year I started mediation

Customer Question

My son is 9, in the beginner of the year I started mediation or try as I wasn’t getting access to see my child. The mother said no to mediation so I had a solicitor and try a consent order which was additional days to see my son. This hasn’t work and now my son doesn’t want to see me or my family and is alienating me and showing no emotional affection towards myself or other member of my side of the family which is the traits of parental alienation and the only communication I have at the moment is through text. What can I do ?
Submitted: 15 days ago.
Category: Family Law
Expert:  SASH_Law replied 15 days ago.

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

I am just going to read through your initial post to see what your legal query is. I may have to ask you some additional questions before I am able to provide a response. Is that all right for you?

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Expert:  SASH_Law replied 15 days ago.

If parents cannot agree on the child arrangements either one can take the matter to court, however first they will have to do a MIAM (mediation) which is a legal requirement before a court will accept an application. See the C100 form for more information on the MIAM and to check if you meet any of the limited exceptions for attending. As you have already tried mediation, the mediator may be prepared to sign your C100 form.

Be aware that at age 14 your son's wishes and feelings will be given a lot of weight in deciding whether or not he should spend time with you. The court will make a decision that is based on the child's best interests.

The application is made on form C100, and the cost is £215 unless the applicant is on a low income or benefits in which case they may be entitled to fee remission, see form EX160.

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.
At this point my son is 9 so will the court listen to his feeling or demands?
Expert:  SASH_Law replied 15 days ago.

If a s7 welfare report is ordered (very likely) then CAFCASS will speak to your child to ascertain his wishes and feelings. They will be of interest to the court, but not determinative.