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Are there any court orders in place?
What were the previous contact arrangements?
How old is your Son?
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 :
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.
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
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:
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 :
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
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