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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11695
Experience:  30 years as a practising solicitor.
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My child is 7years old. For most of her life her father, who

Customer Question

My child is 7years old. For most of her life her father, who lives in the same town, has been in and out when he feels like it. I have put up with this as I want what is best for her but I can really see it taking affect on her this year for the first time. I don't tell her when she is meant to see him as a lot of the time he doesn't show, as I don't want to see her hurt but as she gets older she can work out the length of time he goes without contact. 4months being the last length of time between visits. he has even gone a over a year when she was younger without trying to see her. I have never stood in the way of them having a relationship but it is starting to affect her and she has become very angry lately and doesn't know why. I'm not blaming him for this but I do think it could be a possible factor. I just want to know what my rights are as I have finally got him to meet me to discuss these issues but I want to know if we make an agreement and he doesn't follow it, what is my next step? thank you
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Unfortunately I hear this kind of thing a lot. It is a positive step that you have managed to arrange a meeting a hopefully if you express your concerns to him face to face he will realise that he will have to be more positive about contact or risk not seeing his daughter at all.
Because the legal position is that a parent is entitled to contact to his child but must act in the best interests of the child. If he doesn't then he risks losing contact.
You remedy in practice, if you can't work things out with him, is to withdraw contact completely. That would force him to go to court for a contact order. That in turn would mean that any order granted would have to be followed. If he didn't the court would withdraw the order.
However, when you are talking to him you might want to mention a written parental rights agreement which you would both draw up and sign. This might focus his mind and you can get the form easily online.
Happy to discuss further.
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