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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Family Law
Satisfied Customers: 10363
Experience:  Dual qualified Solicitor and Attorney
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The mum is not allowing my son to come to mine house, the

Customer Question

The mum is not allowing my son to come to mine house
JA: Who currently has legal custody?
Customer: the mother
JA: Is there a child custody order in place?
Customer: yes
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
Submitted: 15 days ago.
Category: Family Law
Customer: replied 15 days ago.
I have seen seeing my son every other week for some time now. This weekend was my weekend but the mother was not there. She did inform me she wouldn’t be there but I proceeded to go as per court order. I work mon- Friday so weekend is only time I can see my son. The court order states she must allow son to see father. She replied to the last email saying see you in court
Customer: replied 15 days ago.
She has also said she has made plans for the whole of December so I won’t be able to see him any of the weekends
Expert:  Jeremy Aldermartin replied 15 days ago.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

Customer: replied 15 days ago.
Thank you
Expert:  Jeremy Aldermartin replied 15 days ago.

You can go to court to enforce the order. You will need to fill in this form: https://www.gov.uk/government/publications/form-c79-application-related-to-enforcement-of-a-child-arrangement-order

read the guidance here to assist you: https://www.gov.uk/government/publications/enforcing-a-child-arrangements-order-cb5

Use form C78 to attach a ‘warning notice’ if your order was made before 8 December 2008. Orders made after this date will already include one: https://www.gov.uk/government/publications/form-c78-application-for-attachment-of-a-warning-notice-to-a-child-arrangements-order

Send it to the court nearest to you that deals with cases involving children, you can find it here: https://courttribunalfinder.service.gov.uk/search/

It costs £215. The court will look at the facts again to see if anything has changed.

Depending on your situation and what you’ve asked the court to decide they might make: an ‘enforcement order’ - this means the ex-partner has to do between 40 and 200 hours of unpaid work, an ‘order for compensation for financial loss’ - this means the ex-partner has to pay back any money you’ve lost because they did not follow the order. You can go back to the court if the ex-partner still does not do as the court ordered. You can also ask the court to vary the order. I trust this assists