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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 4467
Experience:  LLB (Hons)
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My wife has left the house with the children and has

Customer Question

Hi. My wife has left the house with the children and has mentioned that she will not return. What can I do to gain access to my children?
JA: What steps has your wife taken? Has she filed any papers in family court?
Customer: No she has just left the house nothing legally yet She's threatened that I will never see the children again.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does your wife live in?
Customer: UK
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No thats all for the time being
Submitted: 13 days ago.
Category: Law
Customer: replied 13 days ago.
I suspect this will lead to separation therefore need to know if I can do anything to get access to see my son.
Expert:  SASH_Law replied 13 days ago.

Hi, I’m Lea and I will be assisting you with your query today.

I am very sorry to hear about your dilemma, but will do my best to provide you with advice and guidance on what to do next.

If you and the other parent cannot agree on the child arrangements you should try mediation as a first port of call; you will need to attend a MIAM at the very least before applying to court. If mediation is unsuccessful or the other parent won’t engage, the mediator will sign your form and you will be able to apply to court for a child arrangements order.

You do this on form C100, and the cost is £215 unless you are on a low income or benefits in which case you may be entitled to fee remission, see form EX160. The court will make a decision based on the best interests of the child.

Find a mediator here: www.familymediationcouncil.org.uk

C100 form: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/946762/c100-eng.pdf

EX160 form: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/952045/ex160-eng.pdf

E160A Notes: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/958038/ex160a-eng.pdf

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Customer: replied 13 days ago.
Thanks but I'm worried about the time frame. If my wife is uncooperative how will this work and she is entitled to not let me see my son in the mean time.
Expert:  SASH_Law replied 13 days ago.

There isn't a quicker way of doing this - if she won't agree something with you, then you try mediation, if that doesn't work, you have to go to court. I have no way of knowing what her reasons are for preventing contact, but most people who stop contact do so because they think there are safeguarding issues - whether there are or not will be a matter for the court to decide.

Customer: replied 13 days ago.
Ok thank you for your advice.
Expert:  SASH_Law replied 13 days ago.

You're very welcome.

Customer: replied 11 days ago.
Hi if both parental guardians have joint residence of our child and live in different areas (approx 1/1.5 hours apart) how does the court decide where the child is educated (if parents are not in agreement)? Can I make a case that OFSTED ratings are better in the area that I reside therefore would want their education where I reside? (I would have myself/family support to ensure school drop offs and pick ups)
Expert:  SASH_Law replied 11 days ago.

Kindly post your new question in a new thread as it is not related to your original query, which was about child arrangements - this one is about education.