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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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What are the rights of a father to see their son, when they

Resolved Question:

What are the rights of a father to see their son, when they have just been released from Prison, hasn't paid any Child support (has only been in prison the last 12 months) the mother has agreed to let the father see the child every other Saturday (only daytime) until he can demonstrate regular income and start paying towards the Childs welfare.
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.
How old is the child; what contact has the father asked for and why was the father in prison?
Clare
Customer: replied 2 years ago.

Hi There,

The child is 9 years old, the father was in prison for Drug dealing, he has also been in prison previously for armed robbery, he is a recovering heroin addict, the father has never given any maintenaince money, he has asked to see the child everyother weekend all weekend, when the child has previously stayed with the father he keeps the child up till the early hours of the morning watching films (has been know to watch horrow films with the child). The mother is happy for the father to see the child but at the moment until he finds a regular income and starts to pay maintenance she is only happy for him to see the child every other saturday during the day. The father (and his parents) are threatening legal action to see more of the child, and she wants to know is she in a position to stck with the visitation rights she has already set out?

Expert:  Clare replied 2 years ago.
Hi
When was the last time the father had regular contact with the child?
Clare
Customer: replied 2 years ago.
He has had on off contact with the child over the past few years more regularly so before he went to prison
Expert:  Clare replied 2 years ago.
Hi
During the day contact - can the father take him out?
How long does it last?
Clare
Customer: replied 2 years ago.

During the day he can take him out he has him from 9am to 6pm

Expert:  Clare replied 2 years ago.
Hi
The courts do not link maintenance and contact - so I am afraid that it i snot reasonable for the mother to link the contact with payment
However all contact has to be safe for the child and given the history that you describe the contact you have offered is as extensive as it can be in order for it also be safe for the child.
If he applies to the Court it is unlikely that he will be granted anything more - but it is important that you do not link the issue with the issue of Child Maintenance
Please ask if you need further details
Clare
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