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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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To whom it may concern, I am writing to enquire about

Resolved Question:

To whom it may concern,
I am writing to enquire about whether my ex partner has any rights to see and be a part of my daughter's life. My situation is the following, I had moved back to the UK from Italy and a week later found out i was pregnant by my then partner. It was a rocky pregnancy, not helped by the rocky relationship I was in with my partner who remained in Italy. I saw him 4 times in the 9 1/2 months of pregnancy (of which he came over only twice). For nearly 3 months of that pregnancy he didn't speak to me. He did not come to the UK for the birth of our daughter, nor did he visit after she was born. I went to Italy for 2 weeks with my daughter to introduce her to him when she was 6 weeks old. He didn't speak to me for almost the entire trip. He then came to see her when she turned 5 months old for a total of 2 days. He then talked me into coming to Italy for a weekend when my daughter was 10 months old, but within a couple of hours we had an argument over his behaviour with my daughter (he was ripping her out of my arms every 30 minutes even though she was crying and upsetting her a great deal after a long trip) and he left and didn't return for the rest of the weekend. My daughter has therefore only met him 3 times and twice was because I flew us to Italy and paid for the trips. He has given me a total of 1200 Euros and that only when she was 10 months old and after i told him I would not spend my money again to fly us over there after he hadn't paid me a penny's maintenance in 10 months. Furthermore, my ex partner is now 59 years old and has 2 grown children from a previous relationship. I have an extremely good relationship with both these children and they have both confided in me the damage that their father caused in their lives and the toxic influence he continues to have on them to this day. I would like to find out whether he has any legal rights to see his child and if possible how I might prevent this.
Thank you in advance.
Kind regards,
Caroline
Submitted: 10 months ago.
Category: Family Law
Expert:  Harris replied 10 months ago.

Hi, thank you for your question. Please confirm how old your daughter is now and if you reside in England or Wales?

Customer: replied 10 months ago.
My daughter turned 1 on 21st August this year. We both reside in London.
Customer: replied 10 months ago.
Thank you for taking my enquiry. I am not sure if this is useful information or not, but I'm an Irish national and my ex partner is an Italian national. I have been living and working in the UK since 2009 (and was at university in the UK from 1999 to 2003).
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you.

So long as the child is resident in the Uk then it is UK Children Law which applies.

In the Uk the law says that a child is entitled to ocntact with both parents and the Courts will enforce this if necessary.

If he is the biological father then he can apply for contact and it will be granted in some form despite all the issues that you have listed.

However given the issues you can limit contact to a Contact Centre (www.naccc.org.uk) at least for the first six months or until he has built a relationship with the child.

You can read more here

http://theparentconnection.org.uk/

I appreciate that this is not the news you wanted but sadly I can only tell you the law as it is.

Please ask if you need further details

Customer: replied 10 months ago.
Thanks for your answers Clare, but he doesn't even have PR. Doesn't he have to go to court to get that? He is not listed her birth certificate as he did not attend the birth or the registration of her birth.
Customer: replied 10 months ago.
Even on the website you sent me it says the following regarding fathers who do not have PR:
How to get PR if you haven’t already got it- If the mother agrees, you both sign a Parental Responsibility Agreement form available from your local county court or downloadable from the Court Service website, http://www.hmcourts-service.gov.uk/
- If the mother doesn’t agree you can apply for a parental responsibility order from the court. In considering an application from a father, the court will take the following into account:
- the degree of commitment shown by the father to his child
- the degree of attachment between father and child
- the father's reasons for applying for the orderThe court will then decide to accept or reject the application based on what it thinks is in the best interests of the child.
Customer: replied 10 months ago.
The answer to the 3 things the court takes into consideration are:- the degree of commitment shown by the father to his child - None, unless I travel and pay for the travel for them to meet
- the degree of attachment between father and child - None unless he would be calling, writing and visiting whenever he could
- the father's reasons for applying for the order - he would only apply for the order if he bothered to get in touch again. We have now not spoken in 2 1/2 months and he has made no attempt to contact me in 2 months and did not write, call, send a present or money for his daughter's 1st Birthday!!
Expert:  Harris replied 10 months ago.

I apologise for my colleagues interjection. It is correct that your child will have legal rights to a relationship with the father unless there are child protection or welfare concerns. The father does not require parental responsibility to seek a child arrangement order to see the child.

Parental responsibility only entitles the father to be consulted and be involved in relation to major decisions in the child's upbringing such as health, education, religion and removal from the UK - as he does not have PR you do not need to consult him regarding such issues but he will be entitled to seek arrangements for contact.

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:  Clare replied 10 months ago.

As My colleague correctly says the list that you are giving relates to Parental Responsibility and not Contact

In addition - for the avoidance of confusion - he would be given time to establish a relationship before any decision is made about Parental Responsibility

If you believe that you may wish to leave the UK then you will need to do it sooner rather than later - if he does start having contact then he may well obtain PR and at that point moving could be more problematical

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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