6 SEPTEMBER 2022 16:50
This is a position that many parents find themselves in and unfortunately, there is not a one size fits all approach. Therefore, there are several details that we’d need to explore your situation and find an approach that would work best for you. In order to gauge your situation, it would be helpful to know whether there were any reasons given for the reduction in contact; whether there are any court orders in place regarding contact; and until this reduction in contact, what frequency of contact did you have with your son?
There are several ways of resolving this issue, however, this will vary depending on your personal circumstances. Depending upon the relationship between you and your ex-partner, it may be something that can be resolved between yourselves. We would recommend putting forward your proposals for contact informally, in the hope that this can be resolved amicably.
If this is not possible, we could draft a letter to your ex-partner on your behalf, whereby we would set out your proposals for contact. This can set out arrangements for contact during school term time, school holidays and special occasions. Your partner can either respond to these proposals themselves, or via their own legal representative. If contact can be agreed upon via informal discussions between yourselves or via a letter, arrangements can be formalised through the Courts via a consent order.
If this cannot be settled via these methods or you are wanting to escalate this matter as a matter of urgency, it is generally expected that parents attempt mediation through a MIAM, which stands for Mediation Information Assessment Meeting. There are a number of exceptions to the requirement of attending a MIAM, such as if you have been a victim of domestic abuse.
If mediation has been attempted, or your circumstances fall within one of the exceptions for not requiring a MIAM, a Court order may be sought to formalise arrangements and settle areas of dispute. In order to escalate this matter to the Courts, a C100 form must be submitted. This will act as a method of formalising the division of contact that each parent will have, as well as where your son is to live. The Court will take several details into consideration; however, the Court will decide based on what they deem is best for your son.
If you requre any help or advice in relation to any family law matters, please call us on 01554 755101 or email us at contactus@gomerwilliams.co.uk to arrange a free 30-minute appointment with our experienced Family Law Team. We offer family law services in both our Llanelli and Swansea offices.
Contact us today and speak to one of our specialists to find out how we can help...