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afternoon, not sure how this all works but here goes. Just after some advice regarding child contact. My ex partner wont let me see my son part from for 4 hours every other sat and ive to travel an hour+ to go see him and can only stay in her area. She states the only way I will get overnight access is ifthe courts decide it, I don't want it to go through court but she wont let me do it any other way. anybody know the best way to go about all this?
thank you
Hi,
Sorry to hear your access isnt going how you want. If there is a clear dispute between you and your ex, the Court will look at what is in the childrenβs best interests to provide clear and consistent arrangements for them. If you both have parental responsibility for the children you are therefore both required to consult with each other on matters relating to the children and make any decisions jointly.
It sounds like the only way you are going to get better access, if thats what you want, then you will need to make an application to court. This will require you to both consent to mediation first as this is a pre-requisite before court can be applied too. If an agreement between you both cant be reached through mediation then you will be referred to court.
In the event of a Court application, the Court will consider what is known as the βwelfare checklistβ when considering what order to make. The Court will consider all of the circumstances of the case giving paramount consideration to the childrenβs welfare and a number of other factors including the wishes and feelings of the children (in light of their age and understanding), the needs of the children, the childrenβs age, [censored], background any any other characteristics of the children, any potential harm to the children, the capability of the parents in meeting the needs of the child, the existing arrangements and the likely effect of any change to those arrangements.
In all cases its much more favourable for the parents to make arrangements between themselves. Sometimes this is difficult but if it can be done then it will be much better for you both. If you 100% cannot agree then it seems court is inevitable.
Id head over to CAB and get some free legal advice or find a solicitor.
Hi there, that is correct. Mediation is now mandatory before applying to court. If you can't agree at mediation, the only other choice is court.
You could try a formal letter from yourself or a solicitor in the first instance laying out what you feel is reasonable contact.
Some solicitors offer a 30 minute free consultation, you can try the CAB (varies from branch to branch how good they are). Coram Childrens Legal Centre and Families Need Fathers both have great helplines for advice.
You can self rep, plenty of dads on here do, there's loads of info in the stickies at the top of the Legal Eagle Section.
Good luck π
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