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familylawexpert
familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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In a divorce situation, if the father does not pay any child

Resolved Question:

In a divorce situation, if the father does not pay any child maintenance and hasn't done so for any of his six children over the past four years, is he still entitled to have acces to them ? Or does the lack of financial support mean that he has no right to access ?
Submitted: 3 years ago.
Category: Family Law
Expert:  familylawexpert replied 3 years ago.
Hello,
My name is XXXXX XXXXX I will be able to help you with your question, but first I need a bit more information:

- does the father have an income?

- does the father live in the UK?

- does the mother (with the children) live in the UK?

.
Customer: replied 3 years ago.

The father does not have an income, but has a substantial amount in the form of a divorce settlement from me. He does live in the uk and so do I ( the mother ).

Expert:  familylawexpert replied 3 years ago.

The fact that he does not have an income suggests that, under the current law, he does not have to pay maintenance for the children. I presume that you may well know this already, but feel that he has a moral responsibility to contribute.

I don't know why he is not earning, but I am afraid that the law separates financial support and contact issues, with the result that a failure to provide child maintenance (particularly where it is not strictly necessarily required under the law) is not going to be held against the non-resident parent.

The reason/theory underlying that is that it is the children's right to have a relationship with both parents, rather than the other way round, and so that right should not be undermined by financial aspects between the parents.

I hope that is helpful. If you would like me to clarify anything, please ask. If not, I would be grateful if you could rate my answer.

Regards,
Mac.
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