Hi, thank you for your question. Just a bit more information required to fully assist you:
-How long have you been in a relationship with the father and are you cohabiting?
-What was the previous arrangement to see his daughter?
-Was there a court order in place regarding the arrangements?
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If the child is having contact with you or stays overnight and you are there, then the mother can reasonably request confirmation of this. However, if the father is requesting contact at a contact centre then the mother cannot reasonably restrict contact.
It is usual that there is some animosity between parents when the other enters into a new relationship and a court will not immediately agree that the child should see the new partner, especially if it is a new relationship and the child is young as this can be confusing and possibly unsettling for the child. However, if he demonstrates that it is a long-term and committed relationship with you then a court will unlikely restrict this unless there are child protection concerns. Furthermore, a court would want some form of gradual introduction between the child and a parents new partner to ease the process.
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 be able to pursue an application to court under Form C100 together with a £215 court fee to the child's local family court for a child arrangement order and the court can make a decision regarding the matter. A CAFCASS officer (an independent court advisor) will be allocated and they will carry out background, police and social services checks on both parents and any partners/cohabitees - therefore your details will need to be disclosed to the CAFCASS officer in any event. 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 concerned2. 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
The next stage after mediation would be court proceedings as outlined above.
If you are at the property when the child is there, then the mother will have a right to know who you are, however, if you are not there (and this can be agreed in an order) then your details are not necessary. It is only people who will be coming into contact with the child that need to be disclosed and background checks done on them.
In relation to the "agreement" she is requesting him to sign, again, if you are not seeing the child then he does not need to disclose your details and in any event, such agreement outside of a court order is not enforceable.
I hope this assists you. 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 your question without a positive rating. Thank you.
If you are not living in the same property or having contact with the child then he does not need to disclose your details to the court and the CAFCASS officer can only do checks if your partner provides your details.
In relation to the contact centre, this is only to assist and facilitate contact between him and the child for arrangements that have been agreed between parents or ordered by the court - they have no involvement in investigating you.
Firstly, the contact centre will not accept a referral unless there is an agreement for arrangements between the parents or if there is a court order - there is no point him approaching a contact centre if the arrangements are not in place as they cannot assist with this and he must therefore pursue a court application.
The court will only be concerned with people who live with him (if he has contact with the child at his home) or people that the child will come into contact with but he must not mislead the court and say that you are not living there, if you still are.
It depends on the circumstances of the case, however, if there are no child protection concerns then they should only be used for a minimum period of time (therefore weeks/months)
It would not go against him if he pursued a voluntary agreement with the mother for contact at a contact centre. However, if he does not proceed to court, then he has no enforceable agreement even if things are agreed directly with the mother, therefore without a court order the mother can stop arrangements and he will need to pursue a court application to obtain an order.
Contact centres can remain involved so long as parties or the court agree that it should be in place.
Yes that is correct.
The police will not be involved unless there are criminal issues therefore I do not see how or why they would provide your details.
She can use the signed letter as basis to stop his contact arrangements and his only legal option would be to take the matter (or return it) to court.
There is nothing legal she can do about it as it will not be an enforceable agreement
As previously stated he should be pursuing a court application for a child arrangement order - if you are not having contact with the child then her demands will be seen as unreasonable by the court as it is not in his daughter's best interests.