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MARTINT330
MARTINT330,
Category: Family Law
Satisfied Customers: 1699
Experience:  Expert
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Just wondering if a mother can decide on supervised visits

Customer Question

Hello just wondering if a mother can decide on supervised visits without a court order?
JA: Has there been any mediation on this visitation issue?
Customer: I tried to do mediation but she refused
JA: Has an application to enforce the order been filed?
Customer: Fir supervised visits? For*
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
Expert:  MARTINT330 replied 15 days ago.

Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.

Expert:  MARTINT330 replied 15 days ago.

Is there anything else you feel is relevant to your question or anything else you would like to add before we continue?

Expert:  MARTINT330 replied 15 days ago.

Yes, she can decide on supervised visits. Generally, when you are separating from your current partner or will be getting a divorce, you may need to get a child arrangement application to establish the terms of contact and access to your children. You have several options:

1) If both of you agree, then you can put your agreement into writing in the form a contract. This will be legally binding between both of you.

2) If both of you do not agree, there are options to help you reach an agreement without going to court. You may seek the assistance of family mediators, who will be in the best position to help you settle for the sharing of your child's custody.

3) If the mediation fails, then any of you can apply for a court order. Here's the court form: Form C100: Apply for a court order to make arrangements for a child or resolve a dispute about their upbringing

Expert:  MARTINT330 replied 15 days ago.

Is there anything else I can help with today?

Customer: replied 15 days ago.
I tried mediation but she turned it down
Customer: replied 15 days ago.
I just don't know wear ii stand ive done a c100 form and currently waiting for a date at Brighton Court she won't let me see them very often and when ii do get to see them it has to be supervised on her terms at her mums house but ii fill uncomfortable doing that as ii fill like with the both of them there they could start
Expert:  MARTINT330 replied 15 days ago.

I understand. The judge or magistrate will only make an order that is in the best interest of the child. "What is in the best interests of the child?" is the overarching principle that the court considers in family proceedings. The Welfare Checklist, which covers seven important elements, guides the court in answering this question:

  • The ascertainable wishes and feelings of the child concerned - in light of their age and understanding
  • The child’s physical, emotional, and educational needs
  • The likely effect on the child of any change in their circumstances
  • The child’s age, gender, background, and any characteristics which the court considers relevant
  • Any harm that the child has suffered or is at risk of suffering
  • How capable each of the parents is of meeting the child’s needs
  • The range of powers available to the court under the Children Act 1989 in the proceedings in question.
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.