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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33310
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am the resident parent the mum of a one year old and

Customer Question

hi I am the resident parent the mum of a one year old and since the birth the father hasent had much to do with his child let alone imput,he has seen her only twice he is also not on the birth certificate as I said I wanted him to show to be worth a dad in contact and care for his child. but he refused to see his child because he wasent on the birth certificate he pays child maintainance he also said because of my behaviour towards him he states he wont see her.now he says I refuse him contact to see her and now he wants to take it to court for an child arrangement order what dose this mean in terms of contact custody ect....he also said I have sent him nasty emails/texts relating to our child he instructed a solicitors letter saying he wanted to apply for pr and a binding agreement for contact rights wich he refuses in mediation I don't work he dose and is paying privately im also aware I cant get legal aid as the respondent,i cant afford a solictore so were do I go from here.....

Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
Try not to worry - you have in fact acted in a way that the court will support so you have little to fear.
Has there actually been any mediation to date?
Clare
Customer: replied 1 year ago.
Yes,the other party has had mediation but to date I haven't the letter from the solicitor did state that I would be invited to one and now the other party has said because of my attidude towards this it woudent be possiable to have mediation with me and he also says that the agreement in mediation is not legaly binding
Expert:  Clare replied 1 year ago.
Hi
In fact mediation has to be attempted before any court application is made.
Have you actually received a letter from his solicitor yet?
Clare
Customer: replied 1 year ago.
Only a letter saying what he intended to do and it's said I was going to be invited for mediation
Expert:  Clare replied 1 year ago.
Hi
What contact do you wish to offer?
Clare
Customer: replied 1 year ago.
You see the party works shifts so a bit difficault to predict a plan for contact,but it's me who has to always ask that party to if they want to see there child it's seems casual if and when realy and weekends are unclear to maybe once every 2 weeks or something similer and I'm wanting the contact to be some were nuatral and not at that persons house at present
Expert:  Clare replied 1 year ago.
Hi
All of that is very reasonable.
Given his attitude the way forward may well be to offer contact at your local Contact Centre
www.naccc.org.uk
So that you can be sure that your child is safe whilst your ex is building a relationship her.
His shift pattern is his problem and not yours
There has to be an attempt at mediation before any court application is made
If he does apply then the offer of Contact in a local Contact Centre would be seen by the court as a very reasonable suggestion, with a review after six months to see if he has shown the necessary commitment to the child to justify being given Parental Responsibility for the child.
If that happens this does NOT mean that he has the right to remove the child from your care - it simply means that he has the right to be consulted on all major issues in the child's life
I hope that this is of assistance - please ask if you need further details
Clare

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