If you are having difficulty in either seeing your children, or your former partner keeps altering or changing arrangements, you may want to consider applying to the Courts for what is known as a Child Arrangements Order.
This basically asks the Court to either formalise a particular arrangement that you currently have; or alter one or grant access to your children if your former partner has denied you access without any lawful or substantiated reasons.
The process can only commence if your name is on the birth certificate of your children because this legally grants you Parental Responsibility or PR.
If your name is not registered, it doesn’t mean that nothing can be done. If this is you, all you have to do is apply for a Parental Responsibility Order; again we can help and advise you on your best course of action.
If you have PR and want to apply for a Child Arrangements Order, then you need to complete a form c100.
However, because there is no Legal Aid available in Family Law anymore; the proceedings can be quite expensive. Which is why the Government has mandated that before any legal proceedings can commence – Mediation must be considered.
Legal Aid if you’ve suffered domestic violence or abuse:
If you take legal action to protect yourself or your family from domestic violence or abuse, you may qualify for legal aid. The income of an abusive partner will not be taken into account when deciding whether you qualify for legal aid.
Litigants in Person:
We should also mention, that there is a rising tide of Applicants who are Litigants in Person – i.e. people who have decided to commence legal proceedings without the assistance of legal advice.
Dads Unlimited is more than happy to be the first conduit in beginning the negotiation with your former spouse or partner to try to facilitate contact between you and your children. This is a free service which we are more than happy to start for you.
Again please get in touch with us and we can advise you on what is best for your circumstances, and of course, we can also refer you to The Family Law Panel.