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UKFamilySolicitor
UKFamilySolicitor, Solicitor
Category: UK Family Law
Satisfied Customers: 191
Experience:  25years+ experience as Solicitor in private practice. Accredited Family Mediator. Member of Law Society's Children Panel.
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My ex parnter has stopped me having access to my children and

Resolved Question:

My ex parnter has stopped me having access to my children and wont even let me speak to them on the phone. I am named on both the childrens birth certificates and up until this weekend have had them 2/3 nights per week. I was supposed to collect them on Sat 6th November at 10am and have them until 2pm on Sunday 7th November. I called my ex on Friday 5th November to speak to my children which is when she informed me that she will not let me see my children as she is claiming i lied to the csa about my income. She is not happy with the outcome of the csa investigation into how much i need to pay for my children. I have been paying a minimum of £450 a month since we split a year ago. Last month she reported me to the csa for not paying her even though i have bank statements showing otherwise. The csa have since got intouch saying i need to pay just £27 per week to my ex, which she isnt happy about. I would like to know my rights on this matter and also what step i need to take next in getting access to my children again .
Submitted: 6 years ago.
Category: UK Family Law
Expert:  UKFamilySolicitor replied 6 years ago.

Hi

 

It sounds like your ex-partner has stopped contact as a knee jerk reaction to the reduction in maintenance for the children. She is angry and is punishing.you. It does not seem as if she is considering the effect this will have on the children, given they are accustomed to spending two or three nights a week with you.

 

If your ex-partner cannot be pursuaded to reinstate contact, you may apply to the court for a defined contact order. You will need to make the application to the County Court or Family Proceedings Court local to where the children are living. You will need to complete a Form C100 and pay a fee of £200. The forms can be downloaded from the Court Service website - http://www.hmcourts-servvice.gov.uk/ The court office should also be able to supply you with the form and are generally quite helpful in providing information, but not advice.

 

The fact that your ex-partner is in dispute with you over the maintenance you are paying will not be recognised by the court as a justification for stopping contact. The court is only concerned with what the best interests of the children are and if there are established contact arrangements, your ex-partner will need to explain why she believes it is in the children's interests to change these.

 

You also like to consider mediation with your ex-partner. There is a general expecation that parents will try and resolve disputes about the arrangements for their children by negotiation and mediation, with the courts being a last resort. If you are unfamiliar with what mediation involves, there is lots of information on the Web. Try the Family Mediaiton Website -www.thefma.co.uk or just google ''family mediation''.

 

I hope this is of some help.

 

Alister

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