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Ask Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22386
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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my sons ex girlfriend has just given birth to his baby what

Customer Question

my sons ex girlfriend has just given birth to his baby what rights do he has has he wants to be very much involved she never wanted to speak to him through out the pregnancy it was always through her mum through to me when it was born this sunday just gone I ask if we could visit and I have no reply we just wants were we stand wether his name going to be on the birth certificate visting rights he is willing to support the baby the baby also cleft palette so will be needing surgery
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

Has she said he is not to be involved?
Customer: replied 3 years ago.

back in feb I said to her that my son and her daughter needed to talk her mother disagree said that my son was harassing her daughter when he should be texting only her mum baby had some health issues which is he was what he was only enquiring about and then said when the baby is here he will be involved baby was born sunday I ask if we could visit her mother said not too sure when they will be home will let you know I reply I we were all home this Saturday could we visit then and have no reply

Customer: replied 3 years ago.
Relist: Other.
taken too long to answe
Expert:  Stuart J replied 3 years ago.

I'm sorry, but this is not an instant service because we are all solicitors
in practice. We all have clients and court and other users on this site and
travelling and weekends and evenings etc. So sometimes you may get a response
in minutes but sometimes it may be hours. We also need time to type out answers!

The mother is free to register the birth and name the child excluding the father.

She is free to refuse visits at this stage.

Regarding ultimate contact a resident parent will not be able to avoid a non-resident parent seeing the child and if the resident parent refuses point-blank, the matter will end up in court. The resident parent would be better offering some contact. They should both try to resolve matters using family mediation

Although it is quicker and less confrontational than court it isnt necessarily cheaper

If this fails then the non-resident parent being denied contact can then apply to the court for a defined contact order which will formalise arrangements.
The necessary forms are available on the here .

The only reason a court will order supervised contact is if the child is at risk for some reason which doesn’t appear to be the case. Contact supervised by the mother/with mother present doesn’t get ordered.

If the court consider it necessary supervised contact would be at a contact centre. (ignore the underlining, it isnt supposed to be there but I cannot remove it)

He will still get contact even if he pays no maintenance.

CSA rates of child maintenance for a non resident parent earning £200-£800 per week gross are 12% for one child, 16% for 2 and 19% for 3 or more children living 100% with the resident parent. That is reduced by 1/7 for each 52 nights the child stays with the non-resident parent. There is also a reduction in the non-resident parent is responsible for other children. The rates increase for higher earners and decrease for low earners.
CSA child maintenance is payable till the children reach 20 years old or leave full-time non-advanced education. Non-advanced education is generally classed as a level, not University, but there are some further education courses which are not classed as advanced. Full-time courses can be as little as 12 hours per week.

Advanced education courses include: a degree, Diploma of Higher Education (DHE), NVQ level 4 or above, BTEC Higher National Certificate (HNC) or Higher National Diploma (HND), teacher training

'Non-advanced' education includes the following: GCSEs, A levels
NVQ/SVQ level 1, 2 or 3, BTEC National Diploma, National Certificate and 1st Diploma, SCE higher grade or similar

The CSA booklet is here

Which contains lots more info

Does that answer the question?

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I am offline shortly until later today and will pick this up then

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