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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
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 husband has a child who is 4 & half years old. He has had

Customer Question

My husband has a child who is 4 & half years old. He has had contact since the child was 6 months & I came involved when he was 9 months old. We have had him every single week end without fail. The mother has used the child like a yo-yo since.. She has stopped contact for 3 weeks..... 4 weeks ect... & now we are on 6 weeks. My husband is not on the birth certificate & this is the excuse that we have no rights that she constantly throws up..We do not give financial support to the mother as it would just be spent on cider or lager....But we do have every receipt for everything we have spent on the child knowing that he then gets every penny.. We have sent clothes, coats, trainers toys ,shoes down to his mother & have never seen them again, so I now have a full wardrobe at our home. He has a flat screen tv, xbox ,toys ,dvds ,ect....but we can not send those down as the last 4 tvs were taken by burglars.....When he went on holiday last year we sent £100 spending money we also paid for him to go on holiday for a week with our family. We spend at least £300 at Christmas & £100 on his birthday. Every week end I spend at least £40 just on treats. We have circus tickets ,funfair tickets, We paid for football lessons with a tutor which is what started the last stop of contact...My husband was out of work for a long time he is now self employed but I have always been the main breadwinner & have ad no problem what so ever making sure the child gets everything he wants..& needs ...There is of course a story behind this as there always is..but we are now having no choice but to look at the courts as our only option. It is imperative that we stay in this child, life for his welfare & safety....(some babysitters houses that we have had to pick him up from because the mother needs a break from her 3 children I would not leave a dog at)...& because we obviously adore him. My main concern is that after reading the separated dads site it mentions financial support.. Does what I have stated class as financial support for the child & does my husband not been on the birth certificate count...He had asked her on numerous occassion,s to amend this ??? I have printed off the court documents & the template to be sent registered to the mother asking for contact to resume.. but I need to know do we have rights ..we know that the child will be devastated with not seeing us & we will do everything within our power to sort this... But if we have no rights what are our options
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you
The law says that a child is entitled to contact with both parents and the courts will enforce this if necessary
This is irrespective of the Parental Responsibility position.
You need to try family mediation first (it does not matter if she does not attend) and then you can apply for the Child Arrangement Order asking for a Parental Responsibility Order and for the contact to be set out.
http://www.thecustodyminefield.com/CourtForms/c100.pd
fThere is no doubt that your partner has shown sufficient commitment to justify a PR order being made.
However you do need to be aware that none of the list you give actually counts as child maintenance for cSA purposes.
Please ask if you need further details
Clare

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