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Joy Nicholas
Joy Nicholas, Lawyer
Category: Law
Satisfied Customers: 1141
Experience:  Lawyer
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My ex and I split and I have moved out, not married. We have

Customer Question

My ex and I split and I have moved out, not married. We have a 3 year old daughter and she wants to split our duties towards child care only based on her best interests without taking into consideration my financial condition, my personal time and my personal life. No legal actions taken yet, just looking for advice to avoid any complications
JA: What steps have you taken? Have you filed any papers in family court?
Customer: None
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Merseyside
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 10 days ago.
Category: Law
Expert:  Joy Nicholas replied 10 days ago.
Hi, thank you for your message. I am sorry to hear about your situation. Can I confirm what is your question?
Customer: replied 10 days ago.
Can she attack me legally if I don't agree with her terms and conditions?
Expert:  Joy Nicholas replied 10 days ago.
Hi, thank you for your message. If you have a private arrangement between you then you will need to try to resolve the matter privately. However, I would advise that you seek a child arrangement court order such an order can set out who looks after the child and when. Such an order once made can be enforced if it is breached. In order to do this, 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.
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