Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- how old is your child?
- how was the agreement reached in respect of the maintenance?
Thank you for your response. Can I ask is the father employed?
Thank you fo clarifying that for me.
In respect of Child Maintenance - it is the Child Maintenance Service that has jurisdiction.
If the father is not paying then I suggest that you make a claim to them so that they can calculate how much he should pay and also obtain the money for you if he cant pay you consistently.
Be aware that the claim only starts from the time of the referral so the CMS wont look into the past but arrears will accrue for him if he doesn't pay once the calculation has been completed.
In relation to contact - I am really sorry to say that no court can make him a better father. Even if the court made an order for the father to spend time with your child - if the father wasn't committed then no court would enforce him to attend. The father has to be committed and this has to come from him.
You might benefit form family mediation - if the father will engage. Family mediation will try and help you both reach an agreement as to when your child should see their father - but once again if the father isn't commited this wont progress.
Children benefit from a routine - and the father simply shouldn't walk in and out of his child's life as and when he please as this will cause your child distress. If the father isn't committed - you might want to cease contact until he can show commitment.
Let me know if I can help you further.
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what did the partner do to cause emotional distress?
thanks for your response.
You do have a duty protect your child.
One would hope that the father could have protected your child by prioritising your child over and above his ex - when she was making such comments.
In any event if the father isn't committed to contact then he should show tis commitment before a big leap to overnights.
If the father isn't content with your proposals then his recourse is to make an application to court for a child arrangement order. The father would have to be committed to contact to do this and even if he did the court would still listen to your concerns in respect of the fathers commitment and his partners behaviour. The court makes orders that they consider are in the childs best interest.
In respect of Maintenance - you need to refer to the child maintenance service. Ask them to undertake an assessment and collect payments for you.
In respect of contact - if the father isn't committed there is very little you can do to make him a better dad.
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