How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask SASH_Law Your Own Question
SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 6019
Experience:  LLB (Hons)
96947008
Type Your Family Law Question Here...
SASH_Law is online now

My children's dad has moved with my kids and changed their

Customer Question

My children's dad has moved with my kids and changed their school without my consent even though we share parental responsibility and is refusing contact what can I do
JA: What's the reason for the relocation? How much advance notice has been given?
Customer: Found out today they already moved and apparently because was too close to me
JA: Has there been any mediation on this issue?
Customer: No he refuses
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: He was only meant to have our daughter 6 months and been a year now with no contact
Submitted: 15 days ago.
Category: Family Law
Expert:  SASH_Law replied 15 days ago.

Hello, how are you today?



My name is ***** ***** I am going to see if I can assist with your query. Let me just read your first post. I may need to ask you additional questions after I have read it, and if I do, they will appear in my next response. It is important you answer all the questions I ask, so that I have the information I need to give you an accurate response.


JA is a Q&A website, and this ‘chat’ is email based, which means responses may not be immediate. Do rest assured however, that I will be providing you with an answer to your query today.


The site will offer a phone call, this is automated and it is important for you to know that I do not make calls. I will answer your query online.

Expert:  SASH_Law replied 15 days ago.

Is there a child arrangements order in place?

Why is the father refusing you contact?

How old are the children?

How far away has he moved?

Customer: replied 15 days ago.
Was arranged by social services
He says it is because they don't want contact but has been heard telling them to not talk to me in public
They are 9 and 6
Moved about 10 miles
Expert:  SASH_Law replied 15 days ago.

In that case you are likely going to have to go to court to get an order to see them.  And you can also apply, on the same form referred to below for the child arrangements, for a specific issues order for the children to be returned to their school.  You can make the specific issues order application as a matter of urgency and ask for  the hearing to be within a day or two, as obviously time is of the essence to get them back to their previous school. The longer you leave it, the less likely a judge will order a return.

With regards ***** ***** child arrangements, if at all possible, the best option is to try to agree arrangements, with the help of a parenting plan if necessary. A cafcass leaflet and template for a parenting plan can be found here: https://www.cafcass.gov.uk/download/4365

If that doesn’t work, then the person who wants to go to court has to attend a MIAM, and if the other party engages, then mediation has to be tried before going to court. It is a legal requirement for anyone wanting to apply to court to attend a MIAM (mediation information and assessment meeting) prior to making their application to court. There are some exemptions to the need to attend, and those exemptions can be found listed on the court application form, so any applicant should check to see if they meet one of those exemptions. But for most parties, mediation will be required, and mediation can overall be the far cheaper and preferable way to resolve issues. The link to find a mediator is below.

If both the above fail, then court is the final resort. It really ought to be the final option and only used if absolutely no agreement can be reached. This is because court, frankly, tends to bring out the worst in people and often allegations come up which would not have been mentioned but for the court proceedings. Of course, if there is abuse in the relationship, court is the correct method of resolving issues as mediation will not be suitable.

The application for child arrangements is made on a C100, which is available in paper form and online, and the court fee is £232. If the applicant is on benefits/low income they may be eligible for fee remission and should see the link below for help with that.

The paper C100 application is here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/946762/c100-eng.pdf

The online C100 is here: https://www.gov.uk/looking-after-children-divorce/apply-for-court-order

Parties can find a mediator here: www.familymediationcouncil.org.uk

Fee remission assistance can be completed online, the system will give a code that is placed on the application form, if eligible. See here: https://www.gov.uk/get-help-with-court-fees

The applicant MUST attend the MIAM before applying as the mediator has to sign the C100 form - this is a legal requirement before they can apply to court.

Expert:  SASH_Law replied 15 days ago.

Can I clarify anything for you with regards ***** ***** response to your query?

Expert:  SASH_Law replied 15 days ago.

If you have new questions and wish to ask for my assistance, you can do so by putting FORCustomerONLY in the subject heading, or, once you have rated this question you will be able to add me as a favourite expert from your membership page. When you wish to ask me another query, you can then simply type “@“ followed by my name in your next chat, e.g. @SASH_Law. 



All the best!