Legal Eagle: Advice on getting access to your child when denied by an ex-partner

You should first speak to your ex-partner and see if you can reach an agreement. If this is unsuccessful or this is causing more conflict, then you may wish to instruct a solicitor to write to your ex-partner or their solicitor, setting out your proposals for contact.

If these negotiations also fail, it may now be necessary to apply to the court. Before you can apply to the court, it is a requirement that you try mediation and attend the initial Mediation Information and Assessment Meeting (MIAM). This is where you meet with the mediator to find out whether mediation will be appropriate for you. The only circumstance this is not required in is where you can provide an exemption to the MIAM.

Where mediation fails, or it is not deemed appropriate in the circumstances, then the next option would be applying to the court for a Child Arrangements Order (CAO). The presumption is that it is in the best interest of the child to spend time with both parents if it is safe to do so and does not place the child at risk of harm. A CAO can dictate who the child is to live with or spend time with.

To apply to the court, you will need to complete a C100 form and set out which Orders you are seeking and the issues that have led you to the application. You may wish to instruct a solicitor to draft the form and to represent you throughout proceedings.

The proceedings may finalise with an agreement being made between parents, or if the Court deem it necessary, a CAO could be made. Once an Order is made, both parties are required to abide by the arrangements set out within.

Court proceedings can potentially be intrusive for the child involved. If deemed necessary, a report may need to be undertaken to determine who the child should be having contact with and the duration. Professionals would be involved in the child’s life to assess this. Proceedings can also be costly. If matters can be resolved outside of proceedings, then this is always preferable.

If the above situation sounds similar to yours or you have another family matter you would like advice on, please do not hesitate to get in touch on 0191 275 2626 or via email at [email protected].