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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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 divorced my daughters' mother approximately 9 years ago.

Resolved Question:

I divorced my daughters' mother approximately 9 years ago. At that time the divorce was amicable and continued to be up until I re-married. From the time of the divorce my daughter, who is now nearly 13 years old, stayed with me every Saturday and alternate weekends, staying overnight. She also stayed with me every Wednesday night. On every occasion, I collected and returned her to her mothers home or her school. Since my divorce and up until I got married, I have taken my daughter on holidays twice a year and contributed to other things when requested by her mother, this is in addition to the Maintenance which I Pay by direct debit. Both the maintenance and Visitation rights were rubber stamped by the courts.
September 2011 my ex-wife decided I was a bad influence on my daughter and stopped me seeing her. At the time I did not persue this, as because for some notion I thought it would put pressure on my daughter, but now I realise this was wrong and have now asked my ex to resume my rights which was received by a hostile reaction.
I do not wish to pay for Solicitor when it is her who is in contempt of Court. How can I go direct to the Courts to get this corrected.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** *****
I will do my best to help you but I need some further information first.
For clarity when did you last see your daughter, and do you know if she wishes to resume contact?
Clare
Customer: replied 2 years ago.

I saw my daughter last week when I paid the last installment for her school trip to France. In the infrequent times times I have seen her she has kissed me goodbye and has said she misses me. Other than that she has not said anything.

Customer: replied 2 years ago.
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Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay
The law says that a child is entitled to contact with both parents - and at 13 it is very much up to your daughter what contact she has.
The starting point is to try and discuss matters with your ex using Family mediation
www.familymediationhelpline.co.uk
and a mediator trained to work with young people so that your daughters views can be clearly heard
If Mediation (which is compulsory as a pre requisite) fails then you can apply to the court for a Child Arrangement Order setting out the time that you spend with her
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

If I was to stop the maintenance payments then the courts will charge me with contempt of the court and the CSA would be chasing me for payment. What rights do I have. It sounds like I have to jump through hoops, but my ex wife can persuade her and poison her against me and the law just lets her get away with it. As usual the fathers have no say and no rights whatsoever.

I'm guilty and until proved innocent.

Expert:  Clare replied 2 years ago.
Hi
Unfortunately the Court do not link maintenance and contact.
However from what you have described there is no reason to think that your daughter will NOT wish to spend some time with you so all you need to do is set up the mediation and then follow through with the court action if necessary
Clare
Customer: replied 2 years ago.

Yes, maintenance and contact don't go hand in hand but they were still, both agreed with the courts. So why is she not charged with contempt of the court.

Expert:  Clare replied 2 years ago.
Hi
You could have applied to enforce the Order if there had not been the gap - as it is I am afraid that you need to go through the process above.
Equally if you stopped payments of maintenance you certainly would not be charged with Contempt of court - your ex would simply have to apply to enforce the Order - or get the CMS to take over the issue
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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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