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Do I go to court
#1
Hi,

I have been separated from my ex partner for around 12 months and have a 3 year old. We had one session of medation where it was agreed I would have my son Wednesday night to Friday evening one week and Thursday afternoon till Sunday evening the other. This has been going on fine and me and my ex had a perfectly fine relationship. Today when I went to pick up my son (Wednesday evening) my ex refused me having him. In the end I had no choice but to leave as she threatened to call the police as I was standing in her hall. Since then we have messaged each other and we are OK again but i have told her I want something more set in stone in place so she does not do this again. After the medation session we discussed what was proposed and agreed on the arrangement so we did not need another session and did not get anything in writing.
Can I apply for our arrangement to be done in court to ensure I have some rights if she decides to not allow me to have him again when agreed? Is it worth doing and what is the process?
I just felt very helpless today as it was my time to have him but because she decided she didn't wante to I had to just walk away.

Thanks for reading
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#2
(05-31-2017, 09:04 PM)Iainmc123 Wrote: Hi,

I have been separated from my ex partner for around 12 months and have a 3 year old. We had one session of medation where it was agreed I would have my son Wednesday night to Friday evening one week and Thursday afternoon till Sunday evening the other. This has been going on fine and me and my ex had a perfectly fine relationship. Today when I went to pick up my son (Wednesday evening) my ex refused me having him. In the end I had no choice but to leave as she threatened to call the police as I was standing in her hall. Since then we have messaged each other and we are OK again but i have told her I want something more set in stone in place so she does not do this again. After the medation session we discussed what was proposed and agreed on the arrangement so we did not need another session and did not get anything in writing.
Can I apply for our arrangement to be done in court to ensure I have some rights if she decides to not allow me to have him again when agreed? Is it worth doing and what is the process?
I just felt very helpless today as it was my time to have him but because she decided she didn't wante to I had to just walk away.

Thanks for reading

As long as you have a copy of a Mediation Agreement, yes you can put it in Court now.

You need a C100, Applicaiton for a Child Arrangements Order. The downside is this is going to make your ex the Resident Parent in law, unless your contesting this, but she has no say as to what happens in the time the Court puts the Child in your care.

I would not of gone inside her house, just to prevent that sort of issue. I would also have a copy of any agreement or Court Order with me. Then if she had phoned the Police you had a valid reason you can show them straight away, for being their.

The starting point and the Position you should put forward is the existing arrangements work well for you, so it means she has to justify any change to it. However when the child starts school, mean in mind if your using CMS for Child Support, then its down to you to have your set of uniform for the child on the days with you.  You could of course agree with your ex for you to share the cost of it (as an extra payment/s as things are needed), on the understanding she sends uniform for when the child is with you.

The Court fee is £215, what can be reduced if on a low income, or free if on some means tested benefits.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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