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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33305
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 4 year old son. I am not with the childs mother,

Customer Question

I have a 4 year old son. I am not with the child's mother, but I have always provided maintenance monthly and have seen him every weekend until he was 3 and then every other weekend after that as his mother moved out of the local area. On occasion she has
Stopped me from seeing him arbitrarily which has been very frustrating but being a father and knowing legally the ball is not in my court I have not gone down the legal route. Instead relying on diplomacy. It has mostly worked despite the odd hiccup from her. Sadly my mother passed away these past weeks and left me some money. My sons mother got word of this and has asked for money or there won't be anymore contact from her. Which by implication means I won't see or speak to him. Part of me thinks it may be easier to give in. I'm also thinking it might be now time to draw a line in the sand and try and secure my rights legally. Where do I stand here? Would it be a long legal battle. I would prefer not to have a prolonged time away from my son. As it happens she texted me the demand. Is that extortion? Thanks in advance.
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.
Are you named on the Birth Certificate?
Clare
Customer: replied 2 years ago.
Yes I am named as father.
Expert:  Clare replied 2 years ago.
Hi
the law says that a child is entitled to regular contact with both parents and the courts will enforce this.
Contact and financial issues are NOT linked.
The starting point is to arrange for an Urgent Family mediation appointment (www.familymediationhelpline.co.uk)
If that does not solve the problem then you can apply to the court for a Child arrangement Order setting out when you see your son
Given the existing relationship you WILL be successful - and may well also gain half of the school holidays if you wish to have them
You can read more here
http://www.familylaw.co.uk/system/uploads/attachments/0000/2078/CB1_1108.pdf
Please ask if you need further details
Clare

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