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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 ex partner does not financially support our child at all.

Resolved Question:

My ex partner does not financially support our child at all. He does not turn up for contact visitations when agreed but chooses to turn up for 4 hours every 2 weeks. Rarely telephones in between to contact our child. Despite being given opportunities to do so and opportunities for more contact from myself. I understand he has pr because he was present when registering the birth of our child and his name is ***** ***** certificate. Can I legally enforce more contact, maintenance, and where this contact can be allowed to take place?
Submitted: 11 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 11 months ago.

Hello

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?

Kind Regards

Caroline

Customer: replied 11 months ago.
Our child is 4 years old D.O.B 25/07/2012
£80 a month was offered and chosen by the father. An agreement between ourselves. I have not received child maintenance or any financial help towards education/childcare for the past two years. Inconsistently for the previous year.
Expert:  ukfamilysolicitor replied 11 months ago.

Hello

Thank you for your response. Can I ask is the father employed?

Kind Regards

Caroline

Customer: replied 11 months ago.
I don't know if the father is employed or not
Expert:  ukfamilysolicitor replied 11 months ago.

Hello

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.

Kind Regards

Caroline

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Customer: replied 11 months ago.
Thank you for help. I do have more questions.
My child was recently caused emotional distress due to his father's new partner during overnight visitations, I stopped overnight visits because of this with the fathers agreement. The father now wants overnight visitations again with his partner present which I won't agree to due to the previous distress caused to our child and because our child has expressed that he does not like it when the partner is around in his 4 year old understanding. Am I legally entitled to not agree to or allow overnight visitations because of this?
Expert:  ukfamilysolicitor replied 11 months ago.

Hello

what did the partner do to cause emotional distress?

Customer: replied 11 months ago.
Say negative things in front of my child and about my child in his presence. Shouting and swearing in front of my child. Saying that there is something wrong with him because of his clinging to his father in my child's presence. His behaviour at these times once brought home was very different, clearly upset, agitated and withdrawn. I also have written evidence from the partner of her negative attitude towards our child.
Expert:  ukfamilysolicitor replied 11 months ago.

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.

kind regards

Caroline

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Customer: replied 11 months ago.
Thank you. If contact was agreed through the courts and the father did not turn up when agreed, or miss maintenance payments what am I legally entitled to do then?
Expert:  ukfamilysolicitor replied 11 months ago.

Hello

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.

kind regards

Caroline

Expert:  ukfamilysolicitor replied 11 months ago.

Hello

This question remains unrated. If you could kindly star rate our service then we will receive credit for helping you - otherwise we don't and the site keeps your fee. Please note that your question remains open when you star rate our service and I am able to answer your follow up questions for free.

Kind Regards

Caroline

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