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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 744
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My son has just split from his girlfriend and they have a 7

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My son has just split from his girlfriend and they have a 7 month old who we all love dearly but we think she will stop us seeing him what can we do ?
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your question. I am sorry to hear about the difficulties between your son and his girlfriend.
It a child's right to be able to spend time with both parents as long as there are no child protection concerns. It is considered that a child should have the right to have relationships with both of their parents and this should not be unreasonably withheld.
If your son is being denied the opportunity of spending time with his daughter, then he should follow this process:
Before an application can be made to court, matters first have to be referred to mediation. If he does not do this the court will likely reject his application. Your son can self refer to mediation through an organisation such as National Family Mediation www.nfm.org.uk
If you can't resolve matters at mediation then he needs to complete Form C100 and send them to your local court seeking a child arrangement order to spend time with his daughter. The court fee is £215.
If your son doesn't have parental responsibility (not named on the birth certificate or married to the children's mother when they were born) - then he will also have to ask for permission to apply to the court. If this applies - he should also ask the court for a parental responsibility order as well as a child arrangement order.
The court has a fee remission scheme. You should complete form Ex160 and send it to the court with your application to see if you are eligible for a fee remission/ reduction.
It is best to start dealing with matters now. The longer matters are left - the harder it will be to re-establish a relationship with his daughter quickly.
Kind regards
Caroline
I would be grateful if you could kindly rate my answer. Positive feedback is gratefully received. Please note we don't receive any credit for our work unless positive feedback is received.
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 744
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
What happens if we get rights to have the baby and she does not abide by it?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response. If a court order was made and the mother didn't abide by it - then you should refer matters back to court to seek enforcement of the court order that was made.
The court has various powers of enforcement available to the courts when a parent does not comply with a child arrangements order relating to contact. These include an order being made that the mother has to undertake unpaid work, possible compensation and even looking a reversing any order confirming that the child lives with her.
kind Regards
Caroline
Positive feedback is gratefully received.
Expert:  ukfamilysolicitor replied 1 year ago.
I would be grateful if you could kindly rate my answer.
Expert:  Thomas Judge replied 1 year ago.
Does he have parental responsibility?
Expert:  ukfamilysolicitor replied 1 year ago.
Further to my first response - if your son does not have parental responsibility - then this should not deter him from making an application to the court if he is being denied a relationship with his child. This should cause him no issues.
Kind Regards
Caroline
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