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JeremyT1020
JeremyT1020,
Category: Law
Satisfied Customers: 961
Experience:  Expert
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My son is separated from his wife pending a 'no fault'

Customer Question

My son is separated from his wife pending a 'no fault' divorce. They have six children between between the ages of 10 and 21 who are living in the marital home with their mother. My son is living independently and paying part of the mortgage and child maintenance. His wife is denying him access to the children and will not communicate with him regarding their status and welfare. I understand that he has a legal right of access to his children, but is this legally enforceable at this stage of the proceedings?
Submitted: 15 days ago.
Category: Law
Expert:  JeremyT1020 replied 14 days ago.
Good evening and thank you for your question. I note this question was originally for another expert but it has been released to the general expert community.I'm a solicitor specialising in family law and dispute resolution so I'd be happy to offer some guidance on this matter. I will need a little more information so perhaps you could tell me when he separated? When was the last time he saw the children? Has he tried to message them or speak to them on the phone?Thanks, J
Expert:  JeremyT1020 replied 14 days ago.
Hello. Please would you confirm if you still need my assistance? If I don't hear from you, I'll simply give you some general guidance. J
Expert:  JeremyT1020 replied 9 days ago.

Hello again.  I note I haven't heard from you so here is my general advice.

Your son can make an application for a Child Arrangements Order at any time irrespective of whether he is still married or divorced.  If the court makes an order, it is enforceable.

The children have a right to a relationship with both of their parents.  Assuming your son has not compromised their welfare in any way, the court will likely order that the children should be made available to spend reasonable time with their father.  Reasonable can differ from case to case depending on the age of the children, their commitments, parental working patterns and distance/location.  Many children see the non-resident parent every other weekend and once during the week after school or even overnight.

Your son would need to consider mediation first.  If his wife refused to mediate, he could make an application to court using the following form: https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge. He would ask for a 'spend time with' order.

I trust that information is helpful.  Thank you for your question and for using Just Answer.

Best wishes, J