Welcome to Just Answer
I am a Solicitor and will assist you.
I am sorry to hear about the difficulties that your partner is having with the mother of his daughter.
Please may I ask:
- how old is his daughter?
- when was the court order made and what does it say?
- how long have you been married?
- does his daughter know you - have you spent time with her before?
I am so sorry to hear about the difficulties that the mother is causing.
You really do need to return matters back to court to enforce the court order that your husband has to see his daughter.
Supervision is an appropriate step if his daughter needs to be safeguarded from your husband - but this doesn't appear to be the case if there are no concerns in respect of your husband being with and caring for your children and the child that you have together. A year is also very excessive and his daughter does need to be able to spend quality time with your husband and your family and her half sibling.
In the first instance - your husband is going to have to refer matters to family mediation before he can apply to court. This is a new provision and he will have to do this otherwise the court will reject his application. There are lots of family mediators and there will be one local to you. Just google family mediation in your area and give them a call to get the ball rolling.
If the mother wont agree or engage in mediation then the mediator will sign the form that your husband needs for court. This is the C100 form. The court fee is £215 - although you may get some money off dependant on your circumstances.
In the application it needs to be explained that the mother is unduly restricting contact.
I would also ask the court to record in the order that the mother can only contact your husband if it is related to his daughter and not whenever she wants.
Please kindly remember to star rate our service
Thank you for your further message.
I do think it is very important that your husband returns matters back to court - so that you can get on with having a family life that is not being unduly restricted.
Bless you Lisa
If the court has previously made an order - then they were also convinced that he is capable of spending time with his daughter.
The fact that he previously has such an order will help him.
The mother shouldn't be restricting the relationship for no good reason. You need to be able to have a family life.
Best to start the process so that this can be sorted out.
let me know if I can help you further.