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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 848
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My son separated from his ex partner six years ago. The

Customer Question

My son separated from his ex partner for over six years ago.
The split took place just 8 weeks after the birth of their daughter. My son has continued to support both his child and her mother financially and visits on average twice weekly.
He have never been allowed to spend anytime alone with his daughter or take her on holiday, or even have her with him overnight.
When she was smaller my son was fine with this arrangement as he did not have the confidence to look after a baby. She is now 6 years old and wants to spend time with my son and our family. This is being refused.
My son bought them a telephone for the house so that he could say good night to his daughter, this was never used. He does not want her to have a mobile telephone at such a young age.
He tries to face time her via her mothers telephone, but the calls go unanswered.
This week he wrote to his ex partner explaining his situation and requesting that he has his daughter every other Sunday and that he wanted to collect her from school on Wednesday and give her tea. This request has been denied.
He has not spoken to his daughter for over a week now, and all contact has now been withdrawn until the ex gets advice.
What should he do?
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
I am sorry to hear about the difficulties that your son is having the mother of his daughter.
Please may I ask:
- Does your son hold Parental Responsibility for his daughter (named on her birth certificate)?
- it seems from what you have described that there are no child protection concerns and the only reason that your son's time with his daughter is because of the mothers demands - is this correct?
Kind Regards
Caroline
Customer: replied 1 year ago.
My son is named in the birth certificateThere are no child protection issues, but the mother is stating that she has been advised by social services that he should not have unsupervised visits, however it is fine for her to leave him alone with his daughter when she needs to go somewhere.Last summer my son had a disagreement with his long term partner, and the police were called he was arrested but not charged.he has never been contacted by anyone concerning the safety of his child and no documentation has ever been provided to confirm that there are concerns.He feels that the mother is using this to prevent contact with his daughter
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for confirming that for me.
It is the view of the family courts that children are entitled to have a relationship with both of their parents unless there are any child protection concerns.
From what you have said - it is my understanding that the mother may have found out about the incident with your sons long term partner and contacted Social Services. If there has been no involvement from social services and no investigation - then although it may be likely that social services may have said they have no concerns if the contact is supervised - this is not a long term measure. I also note that the mother had already been imposing such a condition for 5 years before this incident.
The court considers that children benefit from a routine and should have the knowledge of when they are going to next spend time with their other parent. The time that your son is asking to spend with his daughter does not seem unreasonable.
The family courts can make a child arrangement order to confirm the time that a child can spends with both their parents. This type of order is particularly useful if your son is denied contact, just because the mother changes her mind, when she feels like it.
The first step to trying to reach an agreement, if the mother wont agree, is to refer your matter to Family Mediation. Mediation will try and help them both try and agree without the need to make an application to court. There are lots of mediation services and there will be one local to you. Just google Family Mediation in your area and give them a call to get the ball rolling.
If agreement cant be reached at mediation or the mother wont engage in mediation then your son can apply to court for a Child Arrangement Order and the court will make the decision as to what the outcome should be. The decision being made by the court as to what is in your granddaughters best interest. Your son appears to have been very committed to his daughter and the court will recognise this.
Please note that you do have to make a referral to mediation before you can apply to court for a child arrangement order. If you dont the court will reject your application.
These types of applications are made on the same Form - C100. Send to local family court. The court fee is £215.
Before the first hearing a Children and Families Officer (Cafcass) will undertake police and social services checks in respect of your son and the mother. They will also speak to them both. If Cafcass do not consider that there are any protection issues when their checks have been completed then this will come down to the mother being obstructive to contact.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
Please kindly remember to rate positively (by clicking on a smiley face) so that we receive credit for our work
Customer: replied 1 year ago.
Thank you for your help, we will look into the mediation service
Expert:  ukfamilysolicitor replied 1 year ago.
You are very welcome.
Please do not hesitate to return if you have any further queries/questions as to the process.
If you are happy with the service provided please kindly remember to rate positively (by clicking on a smiley face) so that we receive credit for our work. Your question will not close and I can answer your follow up questions for free.
Expert:  ukfamilysolicitor replied 1 year ago.
Please kindly remember to rate positively so that we receive credit for our work. Your question will not close when you leave positive feedback and I am available through his service to answer any follow up questions that you may have for free.

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