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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1625
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husbands ex partner is refusing to grant m access to s

Customer Question

My husbands ex partner is refusing to grant him access to his children. He has a solicitors letter setting out the split terms (they weren't married) signed 3 years ago which sets out the weekly child maintenance payments. He has always paid this amount. What rights does he have please?
Submitted: 3 months ago.
Category: Family Law
Expert:  Harris replied 3 months ago.

Hi, thanks for your question. Just a bit more information required to fully assist you:

-How old are the children?

-Is he named on their birth certificates?

-What have the arrangements been until she stopped them?

-Why did she stop the arrangements?

-Are there any court orders in place, if so what?

-How much child maintenance is he paying?

-What is his gross income?

Customer: replied 3 months ago.
Hi the children are 5 and 8.
Access every Tues and Sat but with flexibility on both sides around holidays weekends away
Because my husband bought school uniforms out of the maintenance because she hadn't bought replacements due to wear and tear and deducted it from the weekly payments. This amounted to £20
No court orders in place all access is arranged jointly
£50 per week for 2 children
Expert:  Harris replied 3 months ago.

Thank you for confirming. Firstly, child maintenance and child arrangements should not overlap. Child maintenance is his legal obligation which he must provide to her for the benefit of the children and if there is no formal child maintenance application in place she has no method to enforce the maintenance, despite the solicitor's letter setting out the arrangements.

Furthermore, I have just calculated that based on his gross income of £10,600 per year, him having no other children in his care and the children, on average, staying overnight with him less than 52 days a year - his legal liability for child maintenance for both children is £33 per week. The more they stay overnight with him on average, the lower his liability is.

In the circumstances I would suggest that you make a referral to an independent mediator (you can find local ones here: The mediator will assist you both in reaching an amicable agreement that is in the children's best interests. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a child arrangement order and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:

1.The wishes and feelings of the child concerned
2. The child’s physical, emotional and educational needs
3. The likely effect on the child if circumstances changed as a result of the courts decision
4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5. Any harm the child has suffered or may be at risk of suffering
6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7. The powers available to the court in the given proceedings

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Expert:  Harris replied 3 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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