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Child Arrangements- Frequently Asked Questions by Clients

View profile for Richard Kerry
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My ex-partner has stopped me seeing my children, are they allowed to do that?

Without a Court Order, your ex-partner can stop you from seeing your children whether you have parental responsibility or not. But we can help you.  To ensure you have regular and consistent contact, a Court Order is advised, and an application ought to be made sooner rather than later unless an agreement can be reached quickly.  The status quo is important in such cases so do not delay.

My ex-partner has stopped me from having contact with my child. What is the legal process for me to regain contact with my child?

The first thing to do is to write to your ex-partner to request contact.  Set out clearly what you want and why it is best for the children. Then, if they do not negotiate, you will need to go to mediation.  After that, apply to the Court for a Section 8 Order.  We are experts in this area of law and do all these steps every day, for hundreds of clients. Contact us to see how we can help you.

How many hearings would a Child Arrangements Order take?

This is dependent on the complexity of the case; usually however, it would consist of three hearings: the FHDRA, the DRA and possibly a contested final hearing.  On occasion, however, a Finding of Fact hearing is also required.  If the matter is complex, there may be a number of additional ‘directions’ hearings. If you want some guidance on hearings book an initial consultation with us today. 

I am having trouble with my former partner about contact with my child. Please help.

Keep a diary. Keep records of messages, text, email, whats app messages etc. Ask for contact that you have agreed, or think is best for the child.  If you have no success, then consult a Solicitor. We will write to your former partner setting out the agreement and ask your ex-partner to sign a copy. If Court Proceedings become necessary, we have extensive experience in representing parents in Court.

Can I resolve the matter without going to Court?

We always try to achieve this outcome for our clients, but it is not always possible.  Litigation is about two sides.  If the other party is reasonable then matters can often be concluded by negotiation.  If people are unreasonable, it may be more difficult.