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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 2306
Experience:  Dual qualified Solicitor and Attorney
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I need help with a family Law .. I have 2 children there dad

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Hello .. I need help with a family Law .. I have 2 children there dad has just recently decided to play an active role and take kids .. we are not married
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: No they advised to go into mediation first .. but I don’t want to see him .. I have mental scars from abuse and violence
Assistant: Have you talked to a lawyer about this yet?
Customer: No .. I don’t know where to go or who to ask .. he has not paid any child maintenance and seems very clued up with his reactions and attitude
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: He does what he want when he wants .. he contacts kids direct and makes Plans without telling me.. he’s bribing them and turning them against me

Hi thank you for your message, is he on their birth certificates?

Customer: replied 8 days ago.
Yes he is
Customer: replied 8 days ago.
Sorry I can’t talk at the moment .. I don’t want the kids to hear my conversation

Hi thank you for your message, that does mean therefore he will have certain rights towards the children however, it also means he has responsibilities such as paying maintenance. Therefore, your best option would be to formalise arrangements between yourself and him so that you can both be certain of the arrangements and also this can be enforced if he does get contact and breaks the order. If you want to do that then you will need to

arrange for and attend a mediation appointment with your ex first to see if an order can be agreed. Even if you and your ex end up having to go to court to sort out the differences, you will normally need to prove that you’ve been to a mediation information and assessment meeting (MIAM). This is an introductory meeting to explain what mediation is and how it might help you. If your ex doesn't want to see a mediator, you should go to the MIAM on your own. You’ll then be able to prove you’ve tried mediation if you later want to go court. You can’t force your ex to go to mediation. In order to find a mediator you can use this link on the Family Mediation Council website here: https://www.familymediationcouncil.org.uk/find-local-mediator/

You’ll normally have to pay about £30 for an MIAM, although sometimes this first meeting is free. Follow-up sessions usually cost you and your ex about £80 each - most people need to go to 3 or 4.

The cost of mediation varies depending on where you live. Phone around to find the best price, but bear in mind the cheapest might not be the best.

If the MIAM does not work and you not able to agree to mediation you will need to go to court. This will require you to fill out form C100 which can be found here: https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge

You can find guidance on filling out the application here: https://www.gov.uk/government/publications/family-court-applications-that-involve-children-cb1

Send the original form and 3 copies of it to the nearest court that deals with children, you can find your nearest court here: https://www.gov.uk/looking-after-children-divorce/apply-for-court-order

The application will cost £215. If you want to find a solicitor to assist with this process and represent you at the hearing you can find a solicitor using the Law Society find a solicitor search option here: https://solicitors.lawsociety.org.uk. You can search by town or postcode to find one near you, as well as area of law in this case family law. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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