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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1364
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My daughter has split from her partner and walked out leaving

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hi. My daughter has split from her partner and walked out leaving her with a 14 month old daughter. He is refusing to pay for his daughters upkeep and expense even though he is on the birth certificate. He is seeking access but won't go to mediation and agree anything. He also has a past reported to the police of domestic violance towards my daughter. His 'new' girlfriend has also stated that 'she' and 'he' don't give a [email protected]#k about the child. Were do we stand?
Welcome to Just Answer
Thank you for your question.
I am a Solicitor and will assist you.
I am sorry to hear about the difficulties that your daughter is experiencing with her ex.
In relation to maintenance - he has to pay and if he doesn't then your daughter should make a claim to the Child Maintenance Service.
In relation to your grand daughter spending time with her father - it is the courts view that children should enjoy a good relationship with both parents unless there are child protection concerns. It doesn't automatically follow that if the father has been violent to your daughter that he will be violent to your grand daughter. The situation does however need to be monitored and if there were concerns that contact should be suspended until the situation is resolved and if appropriate referred to the police and social services.
It is a shame that the father has said that he doesn't care about his daughter and also that he hasn't engaged in mediation. Mediation is a good step of trying to agree a schedule that your grand daughter will spend with both her parents but if he won't engage - then it is not possible for any court to make him a better father.
If the father wasn't happy with the time he was being offered then he could make an application to the court for a child arrangement order. The court would consider all the circumstance so it's important that your daughters starts to take notes in respect of his lack of commitment and any incidents that occur. The father would have to refer to mediation before he could make an application to the court and just because he makes the application doesn't automatically mean that what he might be asking for is in the best interests of your grand daughter. Before a first hearing a children and families officer (Cafcass)would do police and social services checks and also speak to both parties. The DV report will come up and your daughter should detail her concerns to the Cafcass officer as well as explaining how she has sought to promote contact.
I note that you mention a DV report. Legal aid is now only available when domestic violence evidence can be obtained. If the ex wasn't charged with an offence then your daughter should try and get alternative evidence. Consider the link below and in particular the GP letter. Your daughter should explain to herGP what has been happening. If the GP is satisfied that your daughter is suffering with a condition such as stress as a result of her ex's behaviour and he completes the letter - your daughter should take this to a legal aid solicitor so that they can assess her means.
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Customer: replied 2 years ago.
Sorry for the late reply but we are currently reviewing our options. I will respond with a further question on Saturday.thank you, ***** ***** been most helpful.
thank you for your kind words
kind regards