samanthajane
Registered User
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- 766
The section in the Act that he has applied under is here.
11B.—(1) Any person who—
( a ) is a relative of a child, or,
( b ) has acted in loco parentis to a child,
and to whom section 11 does not apply may, subject to subsection (3), apply to the court for an order giving that person access to the child on such terms and conditions as the court may order.
(2) A person may not make an application under subsection (1) unless the person has first applied for and has been granted by the court leave to make the application.
(3) In deciding whether to grant leave under subsection (1), the court shall have regard to all the circumstances, including in particular—
( a ) the applicant's connection with the child,
( b ) the risk, if any, of the application disrupting the child's life to the extent that the child would be harmed by it,
( c ) the wishes of the child's guardians.
What this means is that your ex is seeking formalised access to the children. The bits in bold in the Act above are the most relevant parts to you. As you can see the court will have to take your circumstances into account before making an order. He cannot be made a guardian as he is not the natural parent of the children, all he can get is court ordered access.
You will have to go to court so that your view of the situation can be taken into account. You can represent yourself, bring any information that you think you'll need e.g. school times, after school information etc. If you want him to have access to them consider when and for how long, maybe at weekends and what the travel arrangements would be. The Family Court offices are usually very helpful if you need to contact them.
Best of luck.
"What this means is that your ex is seeking formalised access to the children".
This isn't true, guardianship and access are two separate issues. Guardianship means a right to be consulted on issues like education, helath and welfare etc.
Does the citizens advice still have solicitors that you can get advice from for free? I do work, but with rent, bills ect every cent i earn is accounted for i really wouldn't have any extra cash to afford to get a solicitor for myself.
thanks
"What this means is that your ex is seeking formalised access to the children".
This isn't true, guardianship and access are two separate issues. Guardianship means a right to be consulted on issues like education, helath and welfare etc.
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