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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1765
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am asking on behalf of a friend. He and his wife have been

Customer Question

I am asking on behalf of a friend. He and his wife have been married for 2 years. It's been a really good marriage and they had a baby 9 weeks ago. They moved in with her parents to help as many couples do. The first couple of weeks were fine then they had an argument one night probably brought on through tiredness and the stress of a new baby etc. By the way I am a woman so am not being biased. After this argument she told him to go and stay at his parents for a couple of days. When he came back all of his possessions were bagged up out on the lawning. Her father came out asked for the house keys and told him to go. He was confused and devastated to say the least. She has been to a solicitor and apparently he is only allowed to see his baby twice a week for an hour with her parents there. She is even going to file for divorce she has told him. To say it's a bolt out of the blue is an understatement. There has never been any violence in the relationship which she readily admits. He understands the baby needs to be with his mother at this time but surely he should be allowed more access and do visits have to be supervised? He saw a solicitor who said she had all the rights and he is now very down. It sounds like she has some sort of post maternal depression. Any advice would be greatly appreciated. Thanks in advance Emma
Submitted: 6 months ago.
Category: Law
Expert:  Harris replied 6 months ago.
Hi, thank you for your question. The child has a right to a relationship with both parents, and this can only be reasonably be restricted if there is risk of child abuse or child protection concerns. In the absence of such a risk, then they cannot impose any supervision and contact between him and the child can take place alone. There is no rule on how much time he should be spending with the child, but twice a week for a newborn is a good starting point, although one hour may be a bit short to continue to form a bond between them. The child does not necessarily have to be with the mother during this time if the father is also able to provide him with adequate care.Furthermore, as they are married, he has parental responsibility which means he must be consulted in relation to major decisions regarding the child's upbringing such as education, health decisions and religion. In the circumstances I would suggest that he makes a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist them both in reaching an amicable agreement that is in the child's best interests. If mediation does not help, then he will then be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a child arrangement order and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:1.The wishes and feelings of the child concerned (although he is too young at the moment, so assumptions will be made)2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedingsIf you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Harris replied 6 months ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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