If contact with your child/ren has been stopped by your ex-partner then you may wish to consider your options going forth to resolve the issue.
The first step is to calmly and respectfully contact your ex-partner in writing (by email or letter) and state the following:
- The current situation, i.e., “I was expecting the children to have contact with me this weekend but you have told me that it will not go ahead”.
- Your understanding of what should be happening, i.e., “It’s my understanding that our agreement means that the children should be with me from Friday after school to Monday morning every other week, including the current weekend”.
- Ask an open question for an explanation, i.e., “Please can you explain what has happened and why contact cannot go ahead”.
- State the next steps, i.e., “I hope that we can resolve this issue amicably and cause as little disruption to the children as possible”.
If contact continues to be stopped, and you are unable to agree arrangements between yourselves, then you should contact a Family Mediator.
Mediation can help parents work through the problems towards a solution, which can be formalised via a Consent Order if both parties agree.
If you are unable to agree in mediation, then you will have completed the necessary first step towards making an application for a Child Arrangements Order. In order to make an application for a Child Arrangements Order, you should complete a C100 Application which costs £253.
1. Is your child/ren at risk of harm or in danger?
If your child/ren are not safe, we would suggest contacting the Police and/or Social Services as a matter of urgency. It is important that the children’s welfare is paramount and they will be able to take action and/or provide further guidance.
You may be able to make an urgent application to the Court without attending a MIAM as set out in rule 3.8(c) FPR. For more information, please see Urgent Hearings and Miam Exemptions.
2. Is there an existing Child Arrangements Order in place?
If there is an order already in place and it has been breached then you may wish to complete an application to Court for an Enforcement Order using court form C79. You do not have to attend a MIAM prior to this application.
See more here: Enforce a Child Arrangements Order.
3. Are you able to contact your ex-partner directly (phone, email etc) or indirectly (via a solicitor or family member).
There are a few reasons why you may not be able to contact your ex-partner, such as a current Non-Molestation Order, bail conditions or simply not knowing their contact details.
If you can contact your ex-partner via a professional e.g., solicitor or a family member/friend, then you may wish to contact them to initiate negotiations between your ex-partner and yourself, if this can be achieved.
If you do not know their details, then you may exempt from attending a MIAM.