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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My daughter has just given birth to her first child (i week

Customer Question

My daughter has just given birth to her first child (i week old) and after 3years with boyfriend has split up when she was 6 months pregant they never lived togeather what rights has she with her new baby over the father who is demanding to see him all the time and keeps saying hes the father and has rights
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Has she Registered the birth with the father or without him?
What contact is he actually having?
Clare
Customer: replied 3 years ago.

no she hasent yet registered the birth as she has only just come out of hospital she had a c section,he came to the hospital every day and since she has come out hes is always phoneing to say hes coming roune to see his son as he has rights,she is at present living with us ,as she only has a one bedroom place and needs to sell it regards mum of mum


 

Expert:  Clare replied 3 years ago.
Hi
What contact would your daughter be willing to offer?
Clare
Customer: replied 3 years ago.

from what she has told us she hasent a problem himseeing his son but on her terms and she is incontrol of when he does and not to just turn up when he wonts (he is not welome round our house (because of the way he has treated her) he is very controlling and pushy

Expert:  Clare replied 3 years ago.
Hi
That is fine - where would contact take place?
Clare
Customer: replied 3 years ago.

somewhere away from home inviroment,she has met him once so his family could meet the little chap at his flat but she dosent wont to repeat the situation again as he is in control there

Expert:  Clare replied 3 years ago.
Hi
The law says that a child is entitled to contact with both parents and the courts will enforce this if necessary
This is a tiny baby - so the watchword is little but often so far as contact is concerned - ideally an hour two or three times a week
Babies grow quickly - and contact should grow with them - so building up over the months provided the Dad is able to cope with the baby - so may be longer but less often
however venue would appear t be a problem especially if you are not willing to have him in your home (understandable)
If there is no other option then she can consider using a local Contact Centre (www.naccc.org.uk) - but this is likely to limit it to once a week - so it is likely that she will have to consider extending the time to two hours sooner than she might otherwise have wanted
She can read more on this website
http://theparentconnection.org.uk/
and she should offer to discuss contact with him using Family mediation
(www.familymediationhelpline.co.uk)
Whether or not she registers her ex as the father is her choice at this stage.
If she does name him as the father (he will have to attend with her) then he automatically has Parental Responsibility - the right to be consulted on all major issue sin the child's life
If she choses not to then her ex can apply to the court for a PR Order - and it is likely to be granted
Please ask if you need further details
Clare