Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.
Your partner has a right to regular contact with their child.
As their Father he has a right to see them regularly and the family court will encourage this and for him to have an active part in their upbringing. The court will order arrangements for him to see them on specified days and for how long if he cannot agree this with his ex partner. He can also ask for joint custody so the child lives with him for part of the week if he wants..
If custody is to be considered then the welfare checklist of the child is relevant :
He will need to contact his ex and say he will have to apply for a child arrangements order and if he is successful then he will ask the court to order she pays the cost.
If she continues to refuse to allow him more contact, he will need to contact a mediator as the court will want to know whether he has attended mediation first before involving the court - the mediator will contact your partner's ex and if she refuses to attend then he is free to make the application to the court. This is called “MIAM”, or a mediation assessment.
To find a mediator in your partner's local area, use this site :
In order to apply to the court, he will need to fill out and send form C100 (copy attached) with a cheque of £215 payable to HMCTS to your partner's local family court centre. Or he can ring the court and pay over the phone (or pay in person if he goes directly to the court and pay at the counter). If he is on low income/have low savings he can apply for a fee exemption here:
Once he applies to the court it will list a hearing where your partner and his 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.
If she cannot be traced then you can ask BNH Associates (or any decent tracing agency to locate her). BNH uses ex-Police and have a high success rate. You can visit their website at http://www.bnhassociates.com
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