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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 905
Experience:  LLB (Hons)
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My son's ex has said he can't see his two children anymore,

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My son's ex has said he can't see his two children anymore, also she has put a claim in the CSA but he already pays every month into her bank, just don't know where he stands and what to do
Assistant: What steps has your son's ex taken? Has she filed any papers in family court?
Customer: No he just had a couple of messages from her and her mum saying he can't see the children
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does she live in?
Customer: She lives beccels suffol
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Do I have to pay for this service and how much please

Hi, I'm Lea and I have reviewed your query.

 

How old are the children? What was the previous pattern of contact?

 

What reasons has the mother given for ending the contact?

 

Are there any court orders in place?

Customer: replied 5 days ago.
The children are 6 and 4, my son was seeing them once a month for about 4 hours that is what his ex allowed him, as far as I'm aware there are no court orders in place, not sure why she has stopped contact, the last thing I'm aware of my son was asking to see them a bit more and for them to see their grandad,

It is likely that your son is going to have to issue court proceedings in order to regain contact with his children.

 

However, he is firstly obliged by law to try mediation to see if that will resolve matters, but if mother won't engage, then he needs to attend what is known as a MIAM (mediation information assessment meeting) to get his form signed by a mediator so he can apply to court for an order. There are some exemptions from attending a MIAM – the form provides more information on whether he meets that criteria or not.

 

The form he needs is called a C100, which you can find here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/734888/C100_eng_0818.pdf

 

The form needs to be a) signed by the mediator, b) filled in by your son, (he is asking for a child arrangements order) and then c) copied three times (with a fourth copy which he will keep for his own records). He must then take or send the original plus 3 copies to the family court closest to where the child lives.

 

You can find the right court here: https://www.gov.uk/find-court-tribunal

 

The fee for filing is £215, but he may be entitled to fee remission if he is on a low income or benefits, see here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/634329/ex160-eng.pdf

 

Does that assist?

Customer: replied 5 days ago.
Thankyou

If you have any clarification questions, please do ask.

 

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