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MARTINT330
MARTINT330,
Category: Family Law
Satisfied Customers: 1287
Experience:  Expert
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My ex partner is stopping me from seeing my son and I don’t

Customer Question

Hi, my ex partner is stopping me from seeing my son and I don’t know what to dk There is a lot more to it and I can explain it all if needed
JA: Where are you? It matters because laws vary by location.
Customer: Manchester/Salford
JA: What steps have you taken so far?
Customer: i have spoken to a mediator and she refused mediation, we work at the same place and she has been off with a sick note for a few weeks now and she came in today to extend her sick note by another 2 weeks, so I won’t see my son for 5 weeks if I wait that long i have a lot of concerns for his safety at her house, she has allowed videos of him when he’s full naked to be posted on social media aswell, my son is only 2
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Just the safety in her house, there are no baby gates, he can open the back door and go straight to the main road and she lets him do this
Submitted: 15 days ago.
Category: Family Law
MARTINT330
Expert:  MARTINT330 replied 15 days ago.

Hello, I am happy to help with your enquiry today.

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Expert:  MARTINT330 replied 15 days ago.

By law, your partner cannot legally stop you from having access to your child unless continued access will be of detriment to your child’s welfare.

Since you cannot agree in attending a mediation, you will need a court order. Even if you don’t have parental rights, and you don’t have a voluntary out-of-court agreement about access, you can still apply to the court for a child arrangements order.

In this case, the welfare of your child or children is the only thing the court will consider. This is informed by a number of criteria including:

  • the wishes and feelings of the child concerned
  • physical, emotional and educational needs
  • the effect a change of circumstance may have upon them
  • age, sex, background, and any characteristics which the court considers relevant
  • harm that the child has suffered or is at risk of suffering
  • how capable the parents are of meeting the child’s needs

You can use C100 Form to apply for a child arrangements order. You may access the link for the form here: Form C100: Apply for a court order to make arrangements for a child or resolve a dispute about their upbringing

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Expert:  MARTINT330 replied 15 days ago.

Is there anything else I can help with today?

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Customer: replied 15 days ago.
Thankyou that is everything I need if that’s how I proceed, thankyou, is the form easy to fill in?
Expert:  MARTINT330 replied 15 days ago.
You can fill it in by yourself or have a solicitor complete the form on your behalf.
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Customer: replied 15 days ago.
That’s everything then thanks
Expert:  MARTINT330 replied 15 days ago.

No problem. Thank you for your enquiry today, please do not hesitate to contact us in future.

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Expert:  MARTINT330 replied 15 days ago.

Thank you for your question on JustAnswer. We are always available to help and please do let me know if you have any other questions I can answer for you.

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