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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband had an affair and there is a baby nearly one year

Customer Question

My husband had an affair and there is a baby nearly one year old. He has split from the mother and we are trying to stay together but I have agreed that he should see his daughter. The mother is bitter. Can she deny access if she knows that I will be involved when my husband takes his daughter out?

At the moment my husband goes over to her house and takes the baby out in the area for an hour but we would like him to have a regular morning where he can bring her back to our house eg 2 hours every weekend.

Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long has he been having that contact?
Clare
Customer: replied 2 years ago.

Hi Clare

I did not know about the affair until April of this year. Up till then he had been popping in as and when during his work day and when he said he was 'at work'. He did not want the baby but now feels a responsibility and enjoys seeing her. We have two grown up sons who are very anti this child.

Since it has all come out he has committed to me and sees the baby once a week as I said, so for about three months.

He agrees that we should have a more regular and longer contact time with me involved but he is worried that she will be awkward.

At the moment he has to ring up to see if it is convenient with her.

Expert:  Clare replied 2 years ago.

Hi

The law says that a child is entitled to contact with both parents and the courts will enforce this if necessary.

Your husband has already shown commitment to and built up a relationship with the child so there is no reason why he shoudl not be able to take the child out - and no reason why you shoudl not be there as well - after all you are a constant in his life

His starting point is to try and discuss matters with her using Family mediation (www.familymediationhelpline.co.uk) If that fails then he can apply to the court for a Child Arrangement Order - and is likely to be successful

You can read more on these sites http://theparentconnection.org.uk/ http://www.familylaw.co.uk/system/uploads/attachments/0000/2078/CB1_1108.pdf Please ask if you need further details

Clare

Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for your information, Clare.

Am I then right in concluding that she can not determine the circumstances of his contact with the baby- location etc? (Obviously health and safety apart).

Angela

Customer: replied 2 years ago.

Am I then right in thinking that she cannot determine the location of contact?

Expert:  Clare replied 2 years ago.
Hi
In the long term no.
In the short term she may be able to insist that he takes the child out alone to start with - but that will only last for a few months at most
Clare
Customer: replied 2 years ago.

Hi


Thank you for your help.


 


I realise that different situations may vary but why may she be able to insist that he takes her out alone to start with?


 


 

Customer: replied 2 years ago.

Hi


 


Thank you for your help.


 


 


 


I realise that different situations may vary but why may she be able to insist that he takes her out alone to start with?


 


 


 

Expert:  Clare replied 2 years ago.
Hi
Because the contact is for his daughter and her father and it is their relationship that is important
Clare
Customer: replied 2 years ago.

Good Service

Expert:  Clare replied 2 years ago.
Hi
Thank you- I hope all goes well
Clare

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