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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33953
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi, I have received a notice of proceedings of a court order

Customer Question

Hi, I have received a notice of proceedings of a court order concerning my little girl. This has been applied for by her father who has been absence for over one year and has never maintained consistency or routine since my daughter was one years old, she is now seven. I would prefer her not to see him as he is not a good role model, has not bothered to maintain a good relationship with her and it will disrupt her. We have now moved on and I am expecting my second child. My daughter is stable and very much loved. Is there anything I can do?
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.
What exactly is he asking for?
Clare
Customer: replied 2 years ago.
The order just states that's it's regarding our daughter, I believe it is to see her. I have thought about this long and hard and he is no good for her. Not a good role model. He has not made any time for her, he will 'undo' all the teachings and rules I have installed resulting in conflict and confusion for her. I also have reservations due to safety as he once left her in a Sainsburys car park whilst shopping. He doesn't know her at all, it will be like leaving her with a stranger. Deep down I know his siblings (who are nice people) are pushing him to do what they think is right. He hasn't done this on his own accord, he was never interested. I've always thought it was important for a father to be in their child's life but is it best for the child if their father is not good? I'm suppose to protect her and I feel like I won't be if he has access now.
Expert:  Clare replied 2 years ago.
Hi
Looking at the application - the C100 - what does it say at section 7?
Clare
Customer: replied 2 years ago.
Apologies, it's for child arrangements order.
Expert:  Clare replied 2 years ago.
Hi
Yes but what contact is he actually asking for?
Clare
Customer: replied 2 years ago.
Thank you. Apologies for being so vague. The C100 form states:
"An order confirming how often the child should spend time with the applicant and for long"
Expert:  Clare replied 2 years ago.
Hi
But no where as he said what exactly he is asking for?
What did he ask for the last time he asked for anything specific
Clare
Customer: replied 2 years ago.
Nothing specific. He has stated that he has not seen his daughter for over a year which is true. The reason for this is that he wants to see her when he feels like it and will not agree to consistency or routine. He use to call whenever he felt like it and visit once every other month, sometimes once in 3 months. This has been the situation since my daughter was one years old. I'm surprised to see this notice and would like the court order not to be granted. Just so you know, it was him that ended the relationship and asked us to move out of his house. I had ro rent privately for 6 years and was single for 5 years. During this time he refused to have a consistent presence in my daughters life but have been paying £300 each month. My daughter and I have moved on and my daughter (now 7 yrs old) is settled and happy with me and my new partner. I am also expecting a baby. What can I do to prevent this all, can I?
Thank you.
Expert:  Clare replied 2 years ago.
Hi
The answer is you can in the long run - but you do need to be very careful about the way forward - and you will not be very happy about my tactics!
The law says that a child is entitled to regular contact with both parents and the court will enforce this if necessary.
The starting point for the court will be is that there should be contact provided it can be safe
However the court will also agree with you that he cannot simply dip in and out of the child's life.
Your wisest way forward is to offer contact at a local contact centre for two hours once a fortnight so that he can rebuild the relationship.
I know that this is not what you want BUT think about it - is this man actually going to stick to this for more than a couple of weeks?
Your daughter will come to no harm in the centre playing with their toys - and if your ex does stop going that is it - he will have no second chance
So make it plain that you feel that he needs to rebuilt his relationship with his daughter and to prove that he is willing to make the commitment to her.
On that basis you are making this offer and will review it after six months if things go well.
The court will see that you are being entirely reasonable and will support you - and frankly your ex is likely to solve the problem for you by failing to keep it up
I hope that this is of assistance - please ask if you need further details
Clare
If he does not then that is
Clare, Solicitor
Category: Law
Satisfied Customers: 33953
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you very much. Very useful advice.
Customer: replied 2 years ago.
Would you be able to recommend a Solicitor for me?
The hearing is at the beginning of December. The notice was sent to my previous place of work hence the huge delay.
Thank you.
Expert:  Clare replied 2 years ago.
Hi
Where in the Uk are you?
Clare
Customer: replied 2 years ago.
South West London
Expert:  Clare replied 2 years ago.
Hi
I don't know anyone in that area personally - but you should be able to find a good one on the website
www.resolution.org.uk
Clare

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