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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2293
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex partner is demanding three days and nights of our ten

Resolved Question:

My ex partner is demanding three days and nights of our ten week old baby. Hes says I can have fifty pound a month towards baby. None if I go to csa. What are my rights. Please
Submitted: 6 months ago.
Category: Family Law
Expert:  Harris replied 6 months ago.

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

-What is his gross income each year?

-What are the current arrangements for the child to stay with him?

Customer: replied 6 months ago.
He is having baby two nights a week. He is in partnership in three businesses .I dont know where he takes baby , he says his mums , but I have no adress. More concerned about baby than money. What are my rights as regards ***** ***** I had to call police last overnight stay, as he told me to say goodbye to my son as he wasnt coming back.
Customer: replied 6 months ago.
I have never been privey to that. Hes a tattooist . Has ice cream parlour. And partner in cafe. I presume earnings vary from week to week. He can earn one thousand in a week in tattoo parlour. He says everything is in other peoples name so I wont get a penny.
Customer: replied 6 months ago.
I am 21 and he is nearly fifty. Perhaps very nieve or too trusting.
Expert:  Harris replied 6 months ago.

Thanks for confirming - the child has the right to a relationship with the father and this can only be reasonably restricted if there are welfare or child protection concerns - the threats he has made are concerning and given the age of the child the arrangements may not be appropriate.

In the circumstances I would suggest that you make a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). 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

In relation to the child maintenance - this is based on his gross income and if you submitted a child maintenance application they will need to investigate his income and calculate his legal liability - for your information, £50 per month which is what he is offering is based on a gross weekly income of approximately £250 per week and your child staying with him on average 2-3 nights per week. The less your child stays with him the more he will be liable for - therefore the amount he is offering may be very low as if his income is over £13,000 per year you would be legally entitled to more than £50 per month.
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

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2293
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Expert:  Clare replied 6 months ago.

My name is ***** ***** I have been a solicitor for more than 30 years.

My colleague has given you an excellent summation of your next steps.

However I do wish to add that in the circumstances you do NOT need to let your baby go at all.

Unless your ex is caring for him personally and at an address known to you then you can simply offer contact at a local Contact Centre

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