Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.
I presume there is no court order in place which states who the child lives with.
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 he pays the cost. Give your ex 7 days to confirm their stance.
If he continues to refuse 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 he 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 :
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. The form can also be found here:
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:
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 recommend you speak to the ex - he is likely to be forced to return your daughter's Son to her. You could also ask the Police on the 101 number whether they can help - they may say no with it being a civil matter, unless there is a risk of child abduction for example*
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