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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
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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I have a 7 week old child, I am not with the childs father.

Customer Question

I have a 7 week old child, I am not with the child's father. I am currently being dictated to on when he can have the child and also that I cannot leave the country without his permission. We are not married and also currently not subject to any court restriction. The child's father has a drink problem and is down the pub most nights, where he wants to take our child. He is currently paying £50 a week maintenance and his visits are sporadic. The majority of the time I am taking our child over to where he is living. What rights do I have as a mother regarding visitation and custody. I am currently domiciled with my father where I have access to my own front room/bedroom and separate bathroom awaiting relocation. The child's father currently resides at his mothers flat which is not an ideal environment to bring up a child for hygiene reasons and security.
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.
Is the father named on the birth certificate?
What contact has he had in the last week?
Clare
Customer: replied 3 years ago.
Hi Clare. Yes he is on the birth certificate. I took our daughter over to his at the weekend.
Expert:  Clare replied 3 years ago.
Hi
Why do you do the travelling - what happens if you refuse?
Clare
Customer: replied 3 years ago.
He asked me to go over there yesterday and I said no and he instead did not come over he went out to the pub instead.
Stacie
Expert:  Clare replied 3 years ago.
Hi
The law says that a child is entitled to contact with both parents - but there is no requirement on you to take the child to him.
Given the age of your baby an offer of contact for an hour two or three times a week is reasonable - and it is up to him whether he takes it up or not.
If you do not wish him to come to your home then you should offer Contact at a local Contact Centre (www.naccc.org.uk) for a couple of hours a week
Contact has to be right for the child - not the father - and you have little to fear from the Court should your ex make an application
He is correct and you do need either his agreement or an Order for the Court to take the child abroad
I hope that this is of assistance - please ask if you need further details
Clare