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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33290
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 partner is not on the birth certificate daughter

Customer Question

Hi my partner is not on the birth certificate for his daughter and his x partner has not let him see his daughter since she was a baby (she is now 9 years old). He has been paying csa money ever since she was born. What would be the first steps to appying to the court for access. She is not open to talking this through. Also does he have to pay if she won't let him see his daughter (we realise that the child would suffer in this case but of course she is already suffering by not being allowed to see her dad).
Kind regards
Nikki
Submitted: 10 months ago.
Category: Family Law
Expert:  Clare replied 10 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstDoes he know where the child is?
Customer: replied 10 months ago.
Yes it's the address he used to live at. He puts a christmas and birthday card through the door each year.
Customer: replied 10 months ago.
Hi Clare are you still looking into this??
Expert:  Clare replied 10 months ago.
Hi
My apologies for the delay
The law says that a child is entitled to contact with both parents and the courts will enforce this if necessary.
The starting point is to try and discuss things with the mother using Family mediation
If that fails (of his ex fails to attend) then your partner will have to apply to the court for a Child Arrangement Order using a form C100.
Given the length of time that has passed contact would have to start very slowly and build at the pace of the child.
It is likely to start in a Child Contact Centre as they get to know each other
Contact and maintenance are not linked.
I hope that this is of assistance, please ask if you need further details
Clare
Customer: replied 10 months ago.
Many thanks Clare. Can I ask would he need to apply for parental rights before applying for a child arrangement order? He is not on the birth certificare.Nikki
Customer: replied 10 months ago.
Hi Clare can you answer this?
Expert:  Clare replied 10 months ago.
My apologies for the delay.No he can apply at the same time for Parental Responsibility - and of she denies he is the father and a DNA test proves him right then the money paid already may be recoverable
Customer: replied 10 months ago.
Many thanks Clare is there anything else he needs to bear in mind?
Expert:  Clare replied 10 months ago.
You are most welcome.he will need patience - and remember that it is all about the child!

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