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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My son split from his girlfriend enforce she realised she

Resolved Question:

My son split from his girlfriend enforce she realised she was pregnant, she had the baby April this year, they haven't been on good terms since they split, she let my son see the baby once a week for an hour but only at her house, she wouldn't let him take the baby out at all, a few weeks ago she stopped him seeing the baby and she refuses to talk, or reply to any text messages, he's just left in limbo, he does work but has no assets and no savings, he pay his ex girlfriend £30 a week for the baby as his job isn't highly paid. What would be the best way forward, we thought about mediation but the likely hood of her not responding is high, please help my son is desperate.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thanks for your question. Is he named on the birth certificate as the father?

Customer: replied 1 year ago.
Hi, yes he is named on birth certificate
Customer: replied 1 year ago.
His ex girl friend refuse to acknowledge any texts, calls, he hasn't had any contact at all from his ex.
Expert:  Harris replied 1 year ago.

Thanks for confirming. Firstly as he is named on the birth certificate he has parental responsibility for the child and therefore must be consulted regarding any major decisions in the child's upbringing. Furthermore, the child has a right to a relationship with the father which can only be reasonably restricted if there are child protection concerns.

In the circumstances I would suggest that he makes a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). Despite her not responding to any of his communications he will need to at least attend a MIAM (mediation information and assessment session) and the mediator will make efforts to contact the mother. The mediator will assist them both in reaching an amicable agreement that is in the children's best interests. If mediation does not help or if she does not engage in mediation, 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. 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

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