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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 33891
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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If i choose to deny my childs' father from having any

Customer Question

If i choose to deny my childs' father from having any contact, what orders can i apply to the courts for?
Submitted: 7 months ago.
Category: Law
Expert:  Harris replied 7 months ago.

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

-How old is the child?

-Is the father named on the birth certificate and were you married to the father?

-What are the current arrangements for the child and father?

-Why do you wish to stop the arrangements?

Customer: replied 7 months ago.
The child will be 6 on the 6th of October.
The father is named on the birth certificate, we were not married.
There has been a breach of a contact order dated 24/10/2013
contact has never been regular or consistent
all contact is non-existent at the moment.
i believe that any amount of contact causes upset and disruption for my daughter, both due to his behaviours and that there will be a short period of contact followed by a long period of no contact.
My daughter does not wish to see her father
I have reasons to believe he is misusing drugs and does not meet the care needs of our daughter when he has her in his care
Expert:  Harris replied 7 months ago.

Thanks for confirming. As it appears that the current order is unworkable and there are concerns about drug misuse and not meeting care needs of the child you should apply to court to vary or discharge the current order. This can be done using form C100 and a £215 fee to your local family court.

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

Expert:  Clare replied 7 months ago.

My name is ***** ***** I have been a solicitor for more than 30 years.

It would be unwise for you to instigate any court application your self.

The court is very very reluctant to actually stop contact altogether and that is unlikely to be the outcome if you make an application.

Equally I am afraid that your approach that any contact is disruptive, and that your daughter is old enough to chose will both be taken badly by the court and will allow your ex to place blame on you for his own inadequacy

Given that he has already been inconsistent your better way forward is to say to him that since he clearly is not able to commit to the current pattern you suggest that he sees the child once a month at a local Contact Centre, and that if he does not wish to accept this then you are happy to discuss matters with him at mediation but that the current situation cannot continue because your daughter needs a set routine.

Make the referral to the centre and then let him either show his commitment by attending - or not.

If he does not attend he will lose the place; if he will not accept the offer you make let HIM apply to the court - you will then be seen as reasonable - and he will not

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