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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 27768
Experience:  25 years experience of all aspects of family law
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I want to apply for access to my son on a formal basis, he

Customer Question

I want to apply for access to my son on a formal basis, he is 2.5 years old and I currently see him on the weekend and he stays overnight Monday and all day Tuesday. I also have him whenever required but sometimes his mother will make an excuse for me not to have him on my regular day and there is nothing I can do. Please advise
Submitted: 11 months ago.
Category: UK Family Law
Expert:  Stuart J replied 11 months ago.

Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Please bear with me over weekend because I will be online and off-line.


A resident parent will not be able to avoid a non-resident parent seeing the child and if the resident parent refuses point-blank, the matter will end up in court. The resident parent would be better offering some contact. They should both try to resolve matters using family mediation http://www.familymediationhelpline.co.uk

Although it is quicker and less confrontational than court it isnt necessarily cheaper

If this fails then the non-resident parent being denied contact can then apply to the court for a defined contact order which will formalise arrangements.
The necessary forms are available on the here
http://www.thecustodyminefield.com/ .

The only reason a court will order supervised contact is if the child is at risk for some reason. Contact supervised by the mother/with mother present doesn’t get ordered.

If the court consider it necessary supervised contact would be at a contact centre.

Contact orders containa notice that if she doest allow ordered contact she can be arresyed and givena community service order.


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Expert:  Clare replied 11 months ago.
Hi
If you are certain that a court order is the only option then the form you need is a C100 - available here
http://www.thecustodyminefield.com/CourtForms/C100.pdf
and the fee is £215.
You are applying for a Definced Contact Order
Make it clear at Section 7 that you are doing this because of her changing the days - and make sure you know how often that has happened in the last three months,
Hopefully the matter will be resolved with an Order made by Consent at the first hearing.
I hope that this is of assistance - please ask if you need further details
Claire
Customer: replied 11 months ago.
I am on my sons birth certificate, he is currently 2.5 yrs. A family holiday with my parents, brother, sister in law and nephew was arranged for end of August which included her. It had been arranged and booked since January but she has just meet someone and has now decided not to go, but also not allow my son to go. Is there anything I can do as we all want him to come. He has already been away for a week with her in June, but as she makes all the decisions she has now decided he can't go with us.
Expert:  Clare replied 11 months ago.
HI
Where will you be going?
Claire
Customer: replied 11 months ago.
Turkey
Customer: replied 11 months ago.
Turkey on 30/08/13 foe 10 days
Expert:  Clare replied 11 months ago.
Hi
I cannot say that there is any Guarantee of success - but an emergency application on Monday for a Defined Contact Order and a Specific Issue Order in respect of the holiday may achieve the result you want - if only because your ex panics when she discovers there is no legal aid available to help her
Claire
Customer: replied 11 months ago.
How do I do that and how much will it cost? Also she seems to think he is too young to be allowed to go without her
Expert:  Clare replied 11 months ago.
Hi
Same form and costs as above - ask for an urgent hearing.
If he has regularly spent time - including nights with you and your parents and others will be there to assist you then you have a reasonable chance of success
Claire
Customer: replied 11 months ago.
So I have to download form and take it to Crown or Magistrates court and request an urgent hearing. How quickly will a decision be made and do I have to be there in person or can a family member represent me?
Expert:  Clare replied 11 months ago.
Hi
The process is described here
http://www.thecustodyminefield.com/CourtForms/C100Checklist.html
Take the form to your local county court.
Only YOU can deal with this and an urgent hearing should happen within a week to 10 days
How quickly a decision is made will depend on how far your ex decides to fight it
Claire
Customer: replied 11 months ago.
I am currently in custody and will be released on 27th August, 3 days before the holiday. This is the reason why the holiday is so important as I wouldnt of seen my son for 12 weeks, although I contact him regularly by phone at my parents. This being the situation can I instruct a solicitor to act on my behalf as I clearly won't have time once I am released.
Expert:  Clare replied 11 months ago.
Hi
In that case I am sorry but frankly there is no point in making the application as you are not going to be successful due to the gap in contact - and the fact that you will only just have been released
Indeed since the reason that you have not seen the child for 12 weeks is due to your incarceration I would not waste you money on an application at this stage unless she actually refuses contact - it is better to wait a while rather that giving her the chance to paint you in a bad light
I am sorry - I know this is not what you wanted to hear - but sadly it is realistic
Claire
Customer: replied 11 months ago.
Would my parents be able to make an order as they, my mother, has had him 2-3 times a week since he was 6 months old, and currently has him to keep a routine with him, he stays at there house with me, or currently without me, and my mum is his main carer. Just recently she has been having him 3-4 times a week when my ex has asked for him to be minded and openly admits he loves staying with them.
Expert:  Clare replied 11 months ago.
Hi
They are seeing him regularly so do not need a Contact Order - and I am afraid that there is no question of them being able to take him on holiday unless your ex agrees
Claire
Customer: replied 11 months ago.
So basically I have no right to take my son on holiday without her permission, and due to my sentence I am not in a position to apply for a contact order as I would not be seen in a good light, even though my son loves being with me and I am a good parent
Expert:  Clare replied 11 months ago.
Hi
Neither of you can take the child out of the country without the agreement of the other parent or an order from the court.
You have not seen your child for the last 12 weeks - not because contact was denied but because you were in prison
This means that applying immediately in respect of the Turkey holiday is pointless - the chances of success are to limited.
If she continues to mess around with your contact once you are out then the Contact application will indeed succeed
Claire
Customer: replied 11 months ago.
So she had no right to take him on holiday without my permission?
Expert:  Clare replied 11 months ago.
Hi
Not of she took him abroad no - but since she is back there is nothing you can do about it now I am afraid
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 27768
Experience: 25 years experience of all aspects of family law
Clare and 3 other UK Family Law Specialists are ready to help you
Customer: replied 11 months ago.
Can you confirm what sort of things she needs permission for as she believes she has sole responsibility/ with her. Your advise would be appreciated.
Expert:  Clare replied 11 months ago.
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