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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife and I split over 2 and ahalf yrs ago. I have had my

Customer Question

My wife and I split over 2 and ahalf yrs ago. I have had my son regulary over the weekend fri and sat nights with no problems. he is always happy when with me and we do as much as we can together in this time. sometimes he gets a bit upset saying he misses his mum but I feel that's natural as he lives and spends most of his time with her. just revcently I havnt seen him for over a month and he says he doesn't want to go with me. he has said this before but his mum said he had too and after a couple of mins of tears all was well and we had a great time. then for the following weeks he was fine happily left mum and had a great weekend with me. now his mum has changed her tune and says she wont see him upset so wont let ,me take him. what can I do?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your queation. How old is your son? Are there any xourt orders in place regarding the arrangements?
Customer: replied 1 year ago.
My son is only just 5 there are no court orders in place. she is not stopping me seeing him, but where as before she would insist on him going with me now she says that he says no so its no. I feel that at 5 yrs old he isn't old enough to make those decisions and in the past when he has said that he doesn't want to go with me and she has insisted he hasn't been upset and 30 seconds after leaving her he is happy as larry
Expert:  Harris replied 1 year ago.
Thanks for confirming. If the arrangements have been on-going for a while, then she cannot stop it because your son is upset. You are correct in saying that he is not old enough to decide and she must promote and encourage him to have the agreed contact sessions with you, despite his upset. If she continues to hold this position I would suggest that you make a referral to an independent mediator (you can find local ones here: The mediator will assist you both in reaching an amicable agreement that is in the his best interests. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a child arrangement order and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:1.The wishes and feelings of the child concerned2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedingsIf you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.