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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35073
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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I split from my partner when my daugter was just 18 months

Customer Question

I split from my partner when my daugter was just 18 months old. Since then we have had a mutual agreement on how much maintenance I pay. I have been picking my daughter up on a Friday when I finish work and I take her back at tea time on a Sunday. My ex partner does not send her with anything I provide her with all her clothes, etc. Originally I had to move back to my Mom's until I could find a place of my own. I have now purchased a 3 bedroom house so that I have got room for my daughter. Last weekend I went to pick up my daugher from her Mom's mom. When I got there her Nan was drunk and when I picked my daugher up to bring her out I was attached by her drunken Nan. I rang her Mom and told her to sort it or I would report it. Now my ex-partner is telling me that I can only see my daugher every other week. This monring I received a call from CSA to say that my partner wants to claim money through them because she is living on her own (a lie she has been living with another man for at least 18 months). Is there anything I can do or will I have to seek paid for legal advice. Thanks

I do not want to sign up for any additional information. So was wondering how long it takes to answer questions. I am due to pick my daugher up tonight and would therefore like to know what I can say if her Mom refuses to let me have her

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you.So far as the question of maintenance is concerned it does not matter if your ex is living with someone else or not you are still liable to pay Child Maintenance at the rate of 12%of your Gross income - subject to a deduction in respect of the time the child spends with youYou can read more here regard to the issue of how your daughter's time is shared between you neither parent can simply dictate what contact there will be - it is a matter for the pair of you to agree - using Family,ukor if no agreement can be reached then an applictaion to the Court for a Child Arrangement Order needs to be madeIf your ex does not let you have the child tonight I am afraid you cannot simply take her from her mother. Instead make an urgent appointment with a mediator and try and reach an agreement.In fairness the Court will want to see the child spending weekends with both parents - so maybe offer one in three - and ask to keep the child until Monday morning - and maybe have a midweek night as well.I hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 2 years ago.


I have no problems paying maintenance I just cannot see the need for CSA when I have never missed any payments. I buy my daughter clothes in addition. I take her places etc.

Unfortunately due to work commitments I do not get back until 18:30 and because my daughter is now at school she needs to go to bed early so a day in the week is out of the question and I cannot keep her until Monday because I have to leave the house at 05:30 in a morning

Expert:  Clare replied 2 years ago.
sadly she is entitled to go to the CSA if she wishes - and she still will not have to supply anything for when the child is with youPush for two weekends out of three plus extra time in the school holidays
Customer: replied 2 years ago.

Unfortunately this has been a waste of time. I have not been supplied with anything further which I did not already know.

Don't really understand why Dad's get the rough end of the stick when we do nothing wrong. Unlike some I pay for my daughter and want to see her. Nevermind!!!

Expert:  Clare replied 2 years ago.
I am sorry I can only tell you the law as it is - not how I might wish it to be.If the mother refuses to let you have the child tonight there is nothing you can say to her other than thatthe pair of you need to work together to put your child's needs first.Then you need to arrange for a Family mediation appointment.There is nothing else you can do There is no need to use a solicitor unless you wish to do so - you have to attend a Mediation Information andAssessment Meeting before you can apply to the Court - and if your ex will not be reasonable then a Court applictaion is your only option