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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Divorced but messing with access - solicitor needed

5 replies

willitbe · 08/10/2015 14:50

Hi
This is not for me but a relative that is having access denied and messed around with.

The access was previously agreed with the divorce 3 years ago, but issues now with access. My relative needs a recommendation of a lawyer in the Bristol area.

Thanks

OP posts:
DivorceAlchemist · 08/10/2015 16:07

The first thing that they need to do us seek Family Mediation. You must now see a mediator before going to court. Using mediation means you can still use a lawyer but you may not need one at all. Mediation may be free for your relative. If they have to pay, it will be quicker and cheaper than going straight to a lawyer.

Good luck

willitbe · 08/10/2015 17:57

Thank you for your reply. My relative is going to go through mediation, but they would like advice now, on what happens next, as it is very unlikely that the ex will attend mediation or if they do, it is unlikely that they will co-operate with the mediation sadly. So a lawyer is almost certainly going to be needed down the line.

OP posts:
DivorceAlchemist · 09/10/2015 10:45

If mediation doesn't work then they can apply for a Child Arrangements Order. This is quite straight forward. The forms an be downloaded from the Internet. They will have to pay for legal advice. Depending on the complexity, they may or may not need it.

In children cases, the court is concerned about the welfare and best interests of the child. Children need stability and routine. As a general rule, the non-resident parent can expect to enjoy time with the child every other weekend, half hols, every other Christmas. Mothers/Fathers Day time on Birthdays. This is the starting point and depends on age of child and current relationship with the non-resident parent. If there isn't much relationship, it will need to build before overnight stays for example.
The court will only make an order is it absolutely needs to 'the no order principle'. This means the court would hope the parents can reach agreement themselves without the need for an order. If the issues aren't complex, the court may adjourn again for mediation but it can force it. Remember, the court can make any order it likes. It may be one neither parent likes so it's always best to try and agree.

Good luck!

babybarrister · 09/10/2015 14:09

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Richywalters12 · 13/10/2015 23:01

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