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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 846
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My boyfriend has a 3 year old child with his ex. He pays maintenence

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My boyfriend has a 3 year old child with his ex. He pays maintenence and really wants to be involved. She only allows him to see the daughter two hours a week and some times she will try to supervise. He wants a good relationship with his daughter but she is controlling. He is scared because he cant afford court fees. What can he do? Many thanks
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. In your circumstances I consider that your partner should apply to the family courts for a Child Arrangements Order. This is an order that confirms the time that his child spends with him. Your partner should also apply for Parental Responsibility Order - if he has not been named on his child's birth certificate. It is the courts that it is a child's right to have a good relationship with both of their parents as long as there are no child protection concerns. If the mother is seeking to limit the relationship without good reason then he does need to apply for this order. The first step you need to undertake before you can apply to court is to refer your case to family mediation in the area where his child resides. There are lots of family mediation services. Just google family mediation in the area close to where his child lives and then give them a call to get the ball rolling. Family mediation will try and help your partner and the mother agree a schedule for the child without the need for court. If the mother wont agree or if she wont engage in mediation then the mediator will sign the form that you need to be able to make your application to the court. If you don't attempt mediation first - then the court will reject your application - so you need to do this. The form that you need for court is this one: http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=2253 If your partner is not named on the birth certificate then you also need to fill out this form: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c002-eng.pdf You need to send your forms to the local family court to the childs home with the mother - this link will show you where: https://courttribunalfinder.service.gov.uk/search/ There is a court fee of £215. You may be eligible for a reduction in the court fee dependant on your circumstances - see this link: https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees Detail in your application the relationship he seeks ot have with his child and how the mother is restricting this. The court will want to promote this relationship. The court considers parents as equal, with no one parent having more rights than the other. So its best to get this order to confirm the position so that the mother cannot simply choose to be difficult and not promote the relationship. Please do not hesitate to ask if I can assist you further. Kind Regards ***** ***** kindly remember to star rate our service so that we receive credit for helping you today
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