Custody Dispute
The individual is facing a child custody dispute as they have been restricted from seeing their child by their former partner. This matter is under the jurisdiction of the Family Court in England. They are seeking guidance on how to move forward given this situation. The aim is to gain clarity and resolution over the visitation arrangements concerning their child.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat can I do if my ex-partner is preventing me from seeing my child?
If your former partner is restricting your access to your child and there isn’t a court order in place, you might consider applying for a Child Arrangements Order through the Family Court to establish formal visitation rights. The court prioritizes the welfare of the child and usually supports maintaining contact with both parents unless it is detrimental to the child. If an order already exists and is being violated, you can file for enforcement. Mediation is often suggested as a preliminary step to settle disagreements amicably before pursuing court action.
How can I enforce or alter my existing child custody arrangement?
To enforce or modify your child custody arrangement, first, verify whether a court order exists. If your former partner is not adhering to this order, you should apply to the Family Court for enforcement. In cases where circumstances have changed since the original order was made, you can apply for a modification using the appropriate legal forms. Mediation is often recommended prior to court proceedings to manage disputes.
What rights do I have regarding visitation if there is no formal custody agreement?
In the absence of a formal custody agreement, both parents generally have equal rights concerning visitation. You can seek to establish contact with your child. If disagreements arise, try to resolve them through negotiation or mediation. If these attempts are unsuccessful, you could request a Child Arrangements Order from the family court to formalize visitation schedules.
How can I ensure that future arrangements are legally binding and enforceable?
To make future arrangements legally binding, consider obtaining a Child Arrangements Order through the Family Court. This order will outline custody schedules and arrangements in the child's best interests. Prior to pursuing a court order, it may be beneficial to try mediation to reach an agreement directly with your former partner.
What evidence should I gather to support my case if I need to pursue legal action?
To bolster your case in court, compile evidence such as communications (text messages, emails, etc.) from your former partner that highlight your efforts to maintain contact with your child. Document instances of denied visitation, including dates and reasons. Collect witness statements as well to support your involvement in your child's life.
What if my child expresses not wanting to see me?
A child's preferences are considered in court proceedings, but the attention given to their wishes may depend on their age and maturity. It’s crucial to assess if the child truly feels this way or if it is influenced by external factors. Involvement from a mediator or family professional could help clarify the situation.
