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Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 33279
Experience:  family solictor with 25 years experience
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Please can you help us? My son lives with us here in

Customer Question

Hi - Please can you help us? My son lives with us here in Cornwall - his partner left him when his daughter was less than a year old - she is now 8 years old. They reside in Hemel Hempstead, Herts. She alleged DV when she left which my son denies although there were some hairy rows over her 'social life'. Since that time my son has made numerous trips to visit his daughter and we have on several occasions had her to stay for short periods of timel. However my son struggles with his finances (he has a 20hr weekly contract in Sainsburys) If for any reason maintenance payment is not made or is late - Mum withdraws contact - most recently CSA made a judgement that the payment we were making was too much and reduced it & we were told that he would not see her again. Is it possible for him to get legal aid? Can you advise us please? Mary Reeves
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas Judge replied 1 year ago.
I am afraid that he will not be able to get legal aid from what you have written. It has been significantly reduced by the government. But he would be able to bring proceedings himself against her in court. It is a very straight forward process - it recommends mediation (MIAM) and then if that fails to court proceedings. You apply for a court order by completing Form C100. There is a checklist and information notes at the back of the form to help you complete it. I hope this helpsPlease rate
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
The law says that children are entitled to contact with both parents and the courts will enforce this of necessary.
the starting point is for your son to see a local Family mediator
www.familymediationhelpline.co.uk
and attend a Mediation Information and Assessment meeting.
Legal Aid is still available for Mediation.
If mediation fails then he can apply to the court for a Child Arrangement Order setting out the contact he should have.
This is done using a form C100 available here
http://.justice.gov.uk/court finder/forms/cows-eng.pdf
although the fee is £215 he is likely to be eligible for fee remission.
I hope that this is of assistance - please ask if you need further details
Clare

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