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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 5266
Experience:  Barrister at law
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I have a son that is 8 years old.. Since 2014 I have had a

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Hey my name is ***** ***** and I have a son that is 8 years old..
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Since 2014 I have had a court order in place that the court gave me access for every forenight weekend and once during the week.. I have never missed a weekend up to this day and honestly I would love 1 week at mine and one week at his mums.. My son wants to spend more time with me but his mother prohibits it and its only on those days I can speak to him and how fine out how he is because thats how she wants it.. I go to assemblies, award show, nativities, drop him off the school when she requires., picking from up always at his house, she never drops him off to me, she doesn't answer my questions about my son, she never takes him dentist and she said I can't take him doctors or dentist if anything happens because she never thinks anything is a problem..... Honestly I would want full custody but I don't think they'll give it to me because she has a brother and leaving mums but he has said himself that he would like to stay permanently with me or more time
JA: Have you talked to a lawyer about this yet?
Customer: Yes before but not now
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, my name is Peter and I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

I'm just reviewing your question.

From a logistical point of view can you make this work?

Do you both live close to his school?

Is your son openly saying that he would like to spend more time with you?

Customer: replied 17 days ago.
Good evening Peter, thank you very much and look forward to your response Kindest regards antonn
Customer: replied 17 days ago.
I live in 500 meters from the school and she does also

He has openly said to me that he would like to live with me and spend more time with me and she has told a few people and he has said that he told his mum

OK, then in this case you will need to apply to the court to have the order amended. 50/50 care is still not the norm, but in circumstances such as yours it should work, particularly if your son is expressing a wish for this, and given your clear commitment to contact to date.

You need to apply back to court - and this has to be preceded by mediation. Did you go to mediation last time?

Customer: replied 17 days ago.
So how do I go about getting the court order amended? How do I start the process?

She refused mediation, so it went straight to court and her last argument at that hearing was that I didn't want to be a dad so they made me go to contact centres and supervised visits because of his age.

OK - you are obviously way past that now though.

You need to apply for mediation first as the court won't accept an application to amend the order unless you have tried this.

The process is started by booking a mediation assessment appointment - see here for a link to find your local mediator:

http://www.nfm.org.uk/.

Following that, if the mediation does not succeed in a successful agreement, you can apply to the family court to amend you child arrangements order, setting out the living arrangements and contact arrangements that you would now like to see.

This is on form c100:

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 send 3 copies of this form to the local family court centre. There will be a court hearing after you send the form in and a family court adviser will be there in attendance too (from CAFCASS - as before).

The application costs £215.00, and you can represent yourself.

Is there anything I can clarify for you?

Customer: replied 17 days ago.
Thank you soo very much, I really do appreciate it!!! I'll get started

My pleasure, and best of luck.

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (at the top right of your screen), I'll be credited for my time spent responding to your question.

Kind regards,

Peter

 

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