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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 6074
Experience:  Senior Associate Solicitor
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I have a wife that is using my job in thr armed forces

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hello, i have a wife that is using my job in thr armed forces against me. refusing to let me have access to my son. its her way or the highway. how do i start legal proceedings to get legal access and get her to comply. also what sort of costings am i looking at?
Assistant: Where is your wife? It matters because laws vary by location.
Customer: she is in preston and i am in bulford
Assistant: What steps has your wife taken so far?
Customer: verbal abuse and refusing to talk and arrange things amicablly. she refuses to take any legal steps and mtold me to do it all myself
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: i dont know ehat else to say. im extremely upset at this moment in time

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

You have a right to regular contact with your Son. Your ex can maintain her stance but the court will ensure a fair outcome for you.

As their Father you have a right to see him regularly and the family court will encourage this and for you to have an active part in his upbringing. The court will order arrangements for you to see him on specified days and for how long if you cannot agree this with your ex partner.

You need to contact your ex and say you will have to apply for a child arrangements order and if you are successful then you will ask the court to order she pays the cost.

If she continues to refuse to allow you more contact, you need to contact a mediator as the court will want to know whether you have attended mediation first before involving the court - the mediator will contact your ex and if she refuses to attend then you are free to make the application to the court. This is called “MIAM”, or a mediation assessment.

To find a mediator in your local area, use this site :

http://www.familymediationcouncil.org.uk/find-local-mediator

In order to apply to the court, you will need to fill out and send form C100 (copy attached) with a cheque of £215 payable to HMCTS to your local family court centre. Or you can ring the court and pay over the phone (or pay in person if you go directly to the court and pay at the counter). If you are on low income/have low savings you can apply for a fee exemption here: http://www.gov.uk/get-help-with-court-fees

Once you apply the court will list a hearing where you and your ex attends. There will be a family advisor there too (from Cafcass) and if arrangements can be agreed then a consent order will be drawn up.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

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