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Harris, Law Specialist
Category: Law
Satisfied Customers: 1598
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My partner has a 6 year old son and works away periods at a

Customer Question

My partner has a 6 year old son and works away for long periods at a time.
He pays maintenance every month. But sadly he cannot seem to get regular contact. All he wants is one phone call every week instead his texts and called get ignored for weeks on end.
It is gone on too long and he wants to get it sorted. Is there any advice you can give us, we just want to know what he's entitled to? Thanks
Karah johns
Submitted: 4 months ago.
Category: Law
Expert:  Harris replied 4 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are there any court orders in place?

-When was the last time he had contact with his son?

-How much child maintenance does he pay and how is it calculated?

Customer: replied 4 months ago.
The maintenence is calculated by the percentage of his wage . £140 per month.
No court orders are in place.
He spoke to his soon nearly three weeks ago,
Sometimes he will have contact one saturday then the calls and texts will be ignored for three weeks. It's not regular.
He always texts and try to arrange a time but it usually doesn't get a response.
Thanks again for your help. X
Expert:  Harris replied 4 months ago.

Thank you for confirming. Firstly, the child maintenance is a legal obligation and this should not be used in relation to any contact arrangements unless his son starts spending nights with him, as this will result in a proportional reduction in child maintenance.

Secondly, in relation to contact, the child has a right to a relationship with both parents and this can only be reasonably restricted if there are child protection concerns.

In the circumstances I would suggest that you make a referral to an independent mediator (you can find local ones here: The mediator will assist you both in reaching an amicable agreement that is in the children's best interests. If mediation does not help, then you will 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
2. The child’s physical, emotional and educational needs
3. The likely effect on the child if circumstances changed as a result of the courts decision
4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5. Any harm the child has suffered or may be at risk of suffering
6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7. The powers available to the court in the given proceedings

If 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 4 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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