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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35214
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 not the paternal father of the little girl he

Customer Question

My son is not the paternal father of the little girl he calls his daughter. Lola thinks that he is her daddy's and has been living with the mum for nearly 7 years, Lola was about 6 months when they got together, so have been a family since then.
For the past year they have not really had a realayionship, but still lived together and he has always had free access to Lola and takes her everywhere with him, even comes comes and stays with us (grandparents) regularly over the past 7 years, often the mum will come too as we all get along.
For the last 4 months, the relationship has broken down and they have agreed to part but not tell Lola until after Christmas as she is meant to be coming to Lapland with us for Christmas.
Last night my son was asked to leave the family home he pays for and pays for the upkeep of Lola.
He has now been told he cannot see her and has had to move into a hotel.
Does he have any rights to see Lola please?
Thank you Karen
Submitted: 6 months ago.
Category: Family Law
Expert:  Clare replied 6 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Do you know why this has suddenly happened given the previous plans?

Customer: replied 6 months ago.
Their relationship has broken down and have separate bedrooms for the past 4 months, so have fallen out of love. Lola does not know that he is not her daddy and he really want to continue to see her.
Expert:  Clare replied 6 months ago.

Sorry - I meant why is it not now waiting until after christmas?

Customer: replied 6 months ago.
He went out for a drink last night and she would not let him back in the house.
Expert:  Clare replied 6 months ago.

I see

Who owns the house?

Customer: replied 6 months ago.
It is rented in his name as he pays the rent.
I forgot to say he went out last night and she was going out tonight and had agreed he would look after her, but she would not let him.
Expert:  Clare replied 6 months ago.

With regard to the child sadly your son has no automatic rights to retain a relationship with his daughter

However the child has a right to retain a relationship with important adults in her life and your son counts as one.

This means that he can ask the permission of the court to apply for a child arrangement order allowing on going contact and it will be granted.

He should try and discuss matters with his ex using Family Mediation

If that fails then he can make the applictaion to the court using the form C100

He will also need to resolve the issue of the tenancy - since his in the only name on it then he remains liable for the rent and this is an issue which needs to be addressed

I hope that this is of assistance - please ask if you need further details

Expert:  Clare replied 6 months ago.