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Ask Clare Your Own Question

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 friends son has recently went to live with his dad, as his

Customer Question

my friends son has recently went to live with his dad, as his behaviour was really bad towards his mum and grand-parents - he is only ten years old. his dad was never a constant in his life, dropped his son when he wanted and never saw him for months on end, then picked him back up when it suited him. This created abandonment issues and were channelled at his mum and her parents. His dad never paid maintenance in ten years, and since he has been relocated with his father, instead of talking with the mum about maintenance he's deliberately contacted CSA to collect money which I think is outrageous. Moreover they have been ignoring the mums phones calls and emails to see her son. contact is supposed to be every other weekend, there is no court order its word of mouth. The dad lives in weston-super-mare and the mum lives in coventry, which is quite a journey. can the father legally do this?
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.
When did she last see the child?
Clare
Customer: replied 2 years ago.
22nd August 2014. She went to visit and stayed in a hotel that weekend after he had settled in. Thank you
Expert:  Clare replied 2 years ago.
HI
has she spoken to the school to check how the child is getting on?
Clare
Customer: replied 2 years ago.
Sorry in the delay. She has phoned his new school and they have refused to tell her anything. They said she could be anyone, honestly I think this is outrageous. She hasn't given up any of her parental rights. How can they do this? She doesn't even know if he has been attending.
Expert:  Clare replied 2 years ago.
Hi
How far away has the child moved?
Clare
Customer: replied 2 years ago.
He has moved from Coventry to Weston-super-mare which is approx 120 miles.
Expert:  Clare replied 2 years ago.
Hi
Could she visit the school one day?
Clare
Customer: replied 2 years ago.
If she takes time off work I guess. The school said she would have to produce I.D before they would allow information to be passed on.
Expert:  Clare replied 2 years ago.
Hi
That is not unreasonable on the part of the school
However she can ask if they have her details - and if they say no then she can send a copy of the birth certificate and her identification and address and ask them to forward copies of all letters and reports to her.
It is always helpful if a supply of stamped addressed envelopes is also provided
The law says that a child is entitled to contact with both parents and the court will enforce this if necessary.
She can try Family mediation
www.familymediationhelpline.co.uk
but the distance may make that difficult
That being the case she may have to make an application to the court for a Child Arrangement Order setting out the time the child will spend with her - which can then be enforced.
She can read more here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/cb001-eng.pdf
I hope that this is of assistance please ask if you need further details
Clare

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