How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Lawyer21 Your Own Question
Lawyer21
Lawyer21, CILEx Lawyer
Category: Law
Satisfied Customers: 2375
Experience:  CILEx Lawyer
31642296
Type Your Law Question Here...
Lawyer21 is online now

Me and my ex partner has just recently split and hes saying

This answer was rated:

Me and my ex partner has just recently split and hes saying he wants to keep my son in Cornwall. But I want him with me. What rights do I have
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Not at the moment. I just wanted to see what my rights were
JA: Have you talked to a lawyer about this yet?
Customer: No I phoned 101 and they said the best thing to do was to talk to you guys
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hi How can I help?

I will read your question and respond

Are there any court orders in place?

What were the previous contact arrangements?

How old is your Son?

Customer: replied 14 days ago.
No as we have only recently split up just under a week. Him and my son were living with me full time. 2 and a half

I see - are there any safe guarding issues or any risk of harm to the child?

The law states that you have every right to see your son and the court will encourage that this take place.

You need to contact your ex and say you will have to apply for a child arrangements order.

If he continues to refuse to allow you more contact, 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 :

http://www.familymediationcouncil.org.uk/find-local-mediator

Customer: replied 14 days ago.
No none. Ok he has no problem with me seeing him it's just he wants my son with him in Cornwall and I feel lots best for my son to be here with me and his sister

You will be issued with a mediation certificate if he fails to attend or you cannot come to agreement in respect of contact. If this is the case you will be issued with a mediation certificate. This is valid for 4 months and gives you the legal right to trigger application to the court to apply for a Child Arrangements Order.

Customer: replied 14 days ago.
Ok thank you

It might be best to attempt mediation and then if necessary apply for a CAO, in the event this happens again and/or the split is permanent or for you to have a written and legal order legally binding

To find a mediator in your local area, use this site :

http://www.familymediationcouncil.org.uk/find-local-mediator

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. 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:

http://www.gov.uk/get-help-with-court-fees

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.

The court will order arrangements for you to see them on specified days and for how long if you cannot agree this with your ex partner. You can also ask for joint custody so they live with you for part of the week if you wish.

If custody (shared or full custody) is to be considered then the welfare checklist of the child is relevant :

http://www.inbrief.co.uk/child-law/child-welfare-checklist

In making their decision the courts will look at the full circumstances such as the age of the children, where they go to school, financial situation of both parents and ultimately they will make a decision in the best interest of the child.

Thank you for your question

Before you go,

I would be grateful if you will give me a positive rating by clicking on the above stars and press submit. I would appreciate it

Lawyer21 and 2 other Law Specialists are ready to help you