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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1440
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My partner went to court and got access to his children

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hello - my partner went to court and got access to his children - it is every other weekend and a week in the summer and a week in the winter - we are thinking about going back to court to seek 50/50 access - we live near the children - their school is at the end of our road and his work have agreed flexible working to accommodate should we be successful - the relationship with the mother is not great and she often changes her mind about additional access - hence why we would need to go back to court to gain additional access as she cant be relied upon - my questions are what is the process for gaining additional access - is it the same as the first time we went through court? and could she stop the court access we currently have if we go through this process? and what are the chances of gaining additional access?
Welcome to Just Answer
I am a Solicitor and will assist you today.
Please may I ask:
- when was the court order made?
- how old are the children?
- what were the issues in the first case?
- are the children enjoying the current time?
- what are the children's wishes and feelings?
Kind Regards
Customer: replied 2 years ago.
Hi, the court order was made in April 2015 - the children was 5 and nearly 7 - the mother would constantly change her mind about access - which caused issues and it was unreliable so we made the decision to stop access and gain it through the courts to give stability to the children. the father used to have a drinking problem but has been clean for four years - and took the relevant tests to prove it in court - the court were satisfied and it is no longer deemed an issue - there was an issue between them that went to court that the father got a conviction but again this has now spent and the courts are satisfied there are no further issues. The children constantly ask to spend more time with us and often say they don't want to go home when with us - they have their own bedroom which we have done up and they call it their room - they love their time with us and are always asking if they can see us more - if they were asked their views we are 100% confident that they would say they want to spend more time with us
Hello. Thank you for your response. I will now prepare you a full answer. This will take me about 10 minutes.
Kind Regards
Thank you for your patience.
Please accept my apologies for my delay in responding to you. The system only allows us to work through open questions in a set order - which delayed me responding to you.
I am really pleased to hear that the children like spending time with both of you and that things appear to have settled into a good routine following the court order having been made in April 2015.
I note that there have been various changes since the last court order was made - including your relocation nearer to the childrens school as well as your partners felxible working hours.
The process in respect of seeking a variation to the child arrangement order - hasnt changed since your last court order was made.
The initial step is to refer the matter to mediation to see if the mother will agree an increase in time without the need for court.
If the mother wont agree or wont engage then you should make your application to your local family court on Form C100. Court fee is £215.
Given that your partners circumstances have now changed - then it is quite likely that the court will agree that the children should be able to spend more time at yours. The whole emphasis of the child arranegemtn orders is to ensure that there is equality in respect of parental rights. I am based up north and the local Judges are very keen in emphasising to parents that no one parent has greater parental responsibilty then the other parent. I would hope that the court would adopt such an approach in your case. The overriding objective for the court is the childrens welfare. There appears to be no welfare issues and as you partner has shown stability hopefully the court will also see that he is capable of meeting welfare needs and grant more time.
Please do not hesitate to ask if I can assist you further.
Kind regards
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Customer: replied 2 years ago.
Thank you for your response - however you didn't answer one of my questions - could the mother stop the current court arrangements whilst we seek an increase? This is what we are really worried about?
Sorry I missed that.
Whilst the mother could technically stop the contact in the meantime - tihs in the long run would only act as a benefit in your case. You could argue that the mother was being impacably hosilte to the children spending time with the father.
So whilst she oculd so this - it really will not help her if she is only doing this to be difficult. This will ultimatley benenfit your case.
Please do not hesitate to ask if I can clarify anythign else for you.
Kind Regards
Positive feedback is gratefully received.
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