[Solved] My ex has moved with my son and i dont know where

Hi

I'll ask the CCLC if they can give any advice. Can you give any more information on your situation?

Dear Oldboy31

Thank you for your post.

As you were married to your son’s mother, you have Parental Responsibility for him. This does not become void upon you divorcing his mother. Parental Responsibility is defined in s.3(1) Children Act 1989 as being:

"all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property".

As you have Parental Responsibility, you have equal rights and responsibilities towards your child with the mother.

Contact is always seen to be the right of the child and not the right of the parent and there is nothing set out in law which states the minimum amount of contact the non-resident parent should have. IContact should not be stopped unless there is a serious welfare concern for the child.

We would advise applying to the Courts for a Contact Order together with an Application for Disclosure of Child's Whereabouts. A Judge would hear all the evidence put before them by you and the child’s Mother in terms of contact. They will then make an Order that is in the child’s best welfare. Once the Order is made it must be stuck to and any breach can be brought back to Court and the Order can be enforced.

To apply for a Contact Order you would need to complete a C100 form and to apply for a Disclosure of a Child's Whereabouts the form required is a C4. These forms can be obtained from www.justice.gov.uk or from your local Family Proceedings Court. There is a fee of £200 for the Contact Order and a seperate fee for the Disclosure application (we are unsure of the exact fee at present). Once you complete the forms you then need to lodge the form at your Local Family Proceedings Court and then the Court will write to you with a hearing date.

When making an application to the Court we would strongly recommend that you look at the Welfare Checklist which is listed below. This is a checklist which the Judge will have to take into consideration when deciding to make an Order:
The Welfare Checklist - section 1 Children Act 1989
a) The ascertainable wishes and feelings of the child concerned (considered in light of his age and understanding);
b) His physical, emotional and / or educational needs;
c) The likely effect on him of any change in his circumstances;
d) His age, [censored], background and any characteristics of his, which the court considers relevant;
e) Any harm which he has suffered or is at risk of suffering;
f) How capable each of his parents and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
g) The range of powers available to the court under the Children Act 1989 in the proceedings in question

Please note that your child’s wishes and feelings may be taken into consideration if they are considered competent. A child is usually considered competent at the age of 12-13.

If you do require further legal advice and you are not instructing a solicitor please feel free to contact our freephone advice line on 0808 8020 008 open 8am-8pm Monday to Friday. Alternatively you can contact us via our webchat facility www.childrenslegalcentre.com which is open Monday to Friday 9-6pm.

Yours sincerely,

Coram Children’s Legal Centre