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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35057
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My son is living apart from his wife of 9 years who is denying

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My son is living apart from his wife of 9 years who is denying him access to their 7 year old son even though my son is meeting all the bills for the house his wife and son are living in while he occupies a bedsit. What are his rights?
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When did they separate and when did he last see the child?
Customer: replied 4 years ago.

They separated originally in June 2013, my son moving back into the family home in September but then moving out again a month ago. His wife has mental problems and is convinced he is having an affair which he is not. She even forced him to undergo a lie detector test which proved negative. Social Services are involved and an assessment of her mental state is due to occur soon. Their 7 year old son is obviously vulnerable, living alone with his mother, and has been provided with an emergency device to summon assistance if needed. My son hasn't seen his son for a month. A supervised visit will take place tomorrow, at the family home with Social Services in attendance.

On what basis have Social Services said that a supervised visit is necessary?
Customer: replied 4 years ago.

Because of the friction that exists between my son and his wife and because (I think) of an incident last summer when my son caused some damage to property at the house. The police were called but no arrest was made.

The law says that a child is entitled to regular contact with both parents and the courts will enforce this if necessary.
However from what you have said Social Services are currently dealing with this and are working on the re-introduction of Contact.
Given this there is little point in his taking any further action at this stage since any court application would simply mean that Social services would be invited to assess how contact should progress.
With regard to the finances in general terms he needs to pay child maintenance - but not the household bills.
However given her mental health problems I assume that this could lead to bills not being paid - something that he should discuss with Social Services
Please ask if you need further details
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