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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's ex girlfriend had his baby nearly a year ago but has

Customer Question

My son's ex girlfriend had his baby nearly a year ago but has been involved with his son regularly since he was born on his ex girlfriend's terms. He has paid £200 monthly to his ex girlfriend for his son. She has not put him on the birth certificate and his son is nearly a year old.
He has since met and had a lovely new girlfriend but they have been forced to split up by the ex girlfriend as she is threating my son he will not see his son if he stays with her.
Is there anything he can do as his son comes first but he really loves his new girlfriend and is heart broken they can't be together.
Submitted: 10 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 10 months ago.
Hello Welcome to Just Answer I am a Solicitor and will assist you. Please may I ask - why is the mother saying that he should split up with his girlfriend? is this jealousy or is she raising any issues of a child protection nature? Kind Regards Caroline
Customer: replied 10 months ago.
I think she is just jealous because when she had a boyfriend it seemed ok then. She seems to be blackmailing him ?revenge because their relation had always been volitile.
Customer: replied 10 months ago.
There are no issues of child protection. He would never harm his son.
Expert:  ukfamilysolicitor replied 10 months ago.
Hello I am very sorry to hear this. The best option for your son is to make an application to court for: 1) a Child Arrangement Order to confirm the time that he spends with his child and2) a parental order - so that he can be added to the birth certificate Whilst I note that you appear to have been quoted a large amount of money to make an application to court - I would like to make you aware that it is more than possible to make an application to court without legal representation. It is actually very common for parties to be unrepresented in these types of proceedings - since the withdrawal of legal aid. Your son will not be disadvantaged and he does need to apply to court in his circumstances. I would like to reassure you that it is the position of the courts that it is a childs right to have a god relationship with both of their parents unless there are child protection concerns. The courts see parents as equals and the courts do not look well upon a mother whom seeks to restrict a relationship between a child and the father The first thing our son needs to do - is to refer his case to family mediation. This has to be done before he can apply to court otherwise the court will reject his application. There are lots of family 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. Mediation will try and help both parents agree schedule. If the mother wont engage in mediation or matters cant be agreed then the mediator will sign the application form that your son needs to apply to court. The court form is this one: http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=2253 As your son is not named on the birth certificate then he will also need to complete this one: http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=78 The only court fee is £215. Your son may be eligible for a reduction on this fee dependant on his circumstances - see his form: https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees The completed form is sent to the local family court o where his child lives - which you can locate here: https://courttribunalfinder.service.gov.uk/search/ If the mother is seeking to restrict the relationship for no good reason then your son does need to take these steps. If the mother was to breach a court order in respect of his spending time with his child then she could be sanctioned including a fine, community order etc. Let me know if I can help you further Kind Regards ***** ***** kindly remember to star rate our service so that we receive credit for helping you today
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 10 months ago.
Thank you so much for your help.
can I ask if he will not be able to see his son during mediation and applying to court as this is what he fears.
Expert:  ukfamilysolicitor replied 10 months ago.
Hello It may be that the mother decides to be difficult and withdraw contact during the mediation stage. This is of course a worry. If this however does happen - this will only serve to strengthen his argument at court that the mother is being hostile to him spending time with his son and it will not be looked on favourably by the courts. Let me know if I can help you further. Kind Regards Caroline
Customer: replied 10 months ago.
Thank you so much Caroline. I will have a chat with him when he's home from work
kind regards Niki
Expert:  ukfamilysolicitor replied 10 months ago.
happy to help kind regards Caroline

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