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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2817
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I'm having a bit of trouble with my ex we have a contact

Customer Question

Hi I'm having a bit of trouble with my ex we have a contact order and he has my daughter on a one week on, one week off basis, however he has continuously been emotionally abusive when I have dropped my daughter off or which I pick her up and it is really starting to effect my health I constantly have terrible anxiety when picking her up or dropping her off because of how bad he can be.Also I am struggling financially my ex is working, claiming carers allowance and claiming income support so CSA say he doesnt have to pay anything.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

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

-Does the order specify who is to deal with handover?

-Were you married to your ex-partner?

-Do you have evidence that he is working and claiming income support?

Customer: replied 1 year ago.
No we weren't married but he is on the birth certificate.I only have what he has told me so no physical evidence.No there is no one specific who has to hand over my daughter, but there is only really me and my mum that can do it and I dont really have all that much contact with my mum so its only rarely and when she has came with me my ex has called her names and shouted at her also.
Expert:  Harris replied 1 year ago.

How old is your daughter?

Customer: replied 1 year ago.
sorry ive just re read it it does say just me but my mum can pick her up if im at work
Customer: replied 1 year ago.
Shes 6
Expert:  Harris replied 1 year ago.

Thanks for confirming.

Firstly, in relation to child maintenance as he is on income support and you have no evidence that he is working or earning another income legally he is not liable to pay child maintenance.

Regarding the handover, I would suggest that you formally write to him and inform him that his actions are unacceptable and for you to have a think about how else this could be facilitated to avoid any confrontations - for example standing back and allowing your daughter to knock on the door and for you to watch and ensure that she goes in? That way you do not have to talk to him. In the event that his behaviour continues you can consider applying to court for a non-molestation order using form FL401 to your local family court - this is an injunction preventing him doing certain things such as verbally abusing you and breaching this will be a criminal offence and he would be liable for arrest.

I hope this assists you. 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 your question without a positive rating. Thank you.

Expert:  Harris replied 1 year 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.