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Mina Counsel
Mina Counsel, Barrister
Category: Law
Satisfied Customers: 812
Experience:  Barrister
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I currently live in Northern Ireland, my son is 18 and lives

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I currently live in Northern Ireland, my son is 18 and lives in England, he has down syndrome... I hve had no contact in nearly 15 years, I have tried to contact many times and constantly been blocked by my ex partner... I didnt go down the legal route as I didn’t want to bring my son through courts but now he is a young adult would I still have to get a court order to get access?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No nothing just seeking advice
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: Belfast court
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My name is ***** ***** sons birth certificate

Hello, welcome to Just Answer! My name is ***** ***** I am a London based practising barrister with over 15 years experience. I am happy to assist you today. I may need to ask you some questions in order to determine your legal position and I will provide you with an email advice on the same day. Thank you.

There will be an automatic generated phone call offer should you wish to speak to me directly for a fixed fee with no time limit.

(Please note this is NOT always an instant chat service therefore I may not be able to reply immediately. Rest assured that I am dealing with your query and will get back to you the same day. / within 24 hours if it's outside office hours.)

I am sorry to hear about the situation.

If there is no court order in place, you have equal rights as the father to see your son, therefore he can't legally stop you from seeing him. You do not need a court order to see him.

However, if the father is refusing contact, you will have to apply for a court order as your son is only 15.

Can I clarify anything else for you?

Customer: replied 19 days ago.
Hi no my son is 18 years old and has downsyndrome... if my ex partner is making it difficult for me to have contact with him how can I go about getting to see him
Customer: replied 19 days ago.
Will I have to apply
For a court order? He no longer lives at home she has put him in to supported living

Sorry for misreading your message.

Do you know where he resides? If you do, the mother cannot legally stop you from visiting. If you don't, you can ask for a court order for the mother to disclose his whereabout.

Customer: replied 19 days ago.
No unfortunately I am not aware of the name of where he resides but I have contacted his social worker who has not returned any of my calls but hopefully if she does she may disclose this information... if not I will hve to seek a solicitor to get a court order

This is the form you will need if you need to get a court order.

Customer: replied 19 days ago.
That’s great thanks so much... can I complete and leave Into court myself or do I need to get a solicitor to do this?

You can do it yourself. It is very straightforward you should not need solicitors to do it for you.

One thing you do need to explain in your application is why you are making the application now that your child is over 18.

Customer: replied 19 days ago.
I tried to make contact so many times over the years and did not go through courts because of his disability I wanted to think of his best interests... I have always paid financially for him weekly but now she has put him into supported living I worry about his welfare and if he is ok... my biggest regret is not pursuing contact years ago but at the time I listened to her and thought he was so disabled and it would just confuse him but if his disability was as severe as she lead me to believe he would not be able to live independently in supported living
Customer: replied 19 days ago.
She has told me that I can have contact but I am never to disclose who I am to him as he believes her husband now is his father... I just don’t know what to do for the best

I am so sorry to hear about that. Hopefully you can resolve this matter without having to go to court. Local services should be able to help. You decide what's best for your child, if he is not aware of you at the moment, perhaps access the situation after your visits before deciding whether the reveal who you are. Hopefully the people at the supported living could give you some insights as well.

Can I clarify anything else for you?

Customer: replied 19 days ago.
No that’s all thank you so much you have been very helpful

You are welcome.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

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