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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33821
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 son is an unmarried father of an 8 month old baby son. His

Resolved Question:

My son is an unmarried father of an 8 month old baby son. His name is ***** ***** birth certificate. His relationship with the baby's mother has broken down and she has ordered him to leave their family home. He is still expected to pay 50% of the household costs even though no longer living there. The mother has told him he can only see his son for one day and one evening a week. Is this reasonable?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Who owns the property and why is he expected to still pay half the outgoings?
Does your son work?
Clare
Customer: replied 2 years ago.
He does work but he has debts. The property is rented and in her name. She is applying for benefits and has insisted he pays 50 percent of the rent and bills until the benefits are awarded. He has come to live with us (his parents) and we are not charging him rent, otherwise he wouldn't be able to cover these costs and his own living costs.
Customer: replied 2 years ago.

He does work but he has debts. The property is rented and in her name. She is applying for benefits and has insisted he pays 50 percent of the rent and bills until the benefits are awarded. He has come to live with us (his parents) and we are not charging him rent, otherwise he wouldn't be able to cover these costs and his own living costs.


 


Hi again - as an update to my answer below I have just found out that the rented property is in both their names.


 


The biggest problem is that she's preventing him having access to his son for more than 9 hours a week. He is a good and wholly dedicated father and this situation is upsetting him (and us the grandparents) hugely. Thank you

Expert:  Clare replied 2 years ago.
Hi
How much does he earn and how much do half the bills come to?
What contact has he asked for (given his work pattern)
Clare
Customer: replied 2 years ago.

He earns around £270 per week after tax, and from this is giving £100 a week to the mother (this is half of the household bills and rent)


 


His work pattern is variable as he works in a restaurant and so often has to work late shifts, and only infrequently gets more than one day off at a time. He has asked for more contact than one day and one evening a week.

Expert:  Clare replied 2 years ago.
Hi
What contact would actually work for him - if he had a choice?
Clare
Customer: replied 2 years ago.

He would like to be able to see his son on his both his days off during the week and also two evenings a week, to be able to put him to bed.


 


From recent discussions he has had with his ex-partner, the impression he is getting is that she is limiting his access to his son as a 'punishment' for his failings as a partner. We feel this is not a healthy or useful way to allow access to his son and for his son to be able to relate to his father.


 


 

Expert:  Clare replied 2 years ago.
Hi
The starting point is that the only financial liability he has is for Child maintenance - at 12% of his gross income
Of course he remains liable for the rent to the landlord and he may wish to increase his contribution to half of the rent if he wishes to be generous.
With regard to contact this is a matter for the pair of them as parents to agree - there is no set pattern - although contact in his ex's home (putting to bed) is likely to cause more conflict and be counter productive.
He should try and discuss matters with his ex using Family mediation (www.familymediationhelpline.co.uk) - and if they cannot agree then he can apply to the court for a Child Arrangement Order
In the mean time he should accept any contact that he is offered
he can read more here
http://theparentconnection.org.uk/
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33821
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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