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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1436
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My daughter had a child the father is on the birth

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My daughter had a child the father is on the birth certificate they both moved into our home for 12 months he has since left but visits every tea time my daughter is buying a house what financial aid is he required to provide and what access is he allowed thankyou peter

Hello Peter

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- are there any concerns about the father caring for the child?

- is the father working?

- how old is the child?

- are there any previous court orders in place?

kind regards

Caroline

Customer: replied 1 month ago.
Fathers care working and no court orders

Hello

Thank you for your response - just to clarify - is the fathers care fine?

kind regards

Caroline

Customer: replied 1 month ago.
Good dad but daughter wants own life and nothing sorted formely need to know bot***** *****ne
Customer: replied 1 month ago.
Not yet need basics first thankyou

Hello Peter

Thank you for your response.

You can ignore the pop up for a phone call as it comes automatically from the site and not from me.

What you need to know is that it is the position of the courts that children are entitled a really good relationship with both of their parents and that this should prevail as long as there are no child protection concerns, which you have confirmed that there are not.

Basically, the court sees the parents as equals and can and will order a shared care arrangement if that is in the child's best interests.

I note that the father is working and wants his own life so in reality, it doesn't seem a case for shared care if the father isn't able to meet the child's needs all the time.

Courts do expect parents to be able to agree a routine that works for the child without the need for court intervention but the court will intervene if agreement cannot be reached between them and make a child arrangements order setting out the time that that child spends with both parents.

In reality given the father is working full time, it is not unusual for a couple of evenings in the week and for the weekends to be shared, usually on a weekend on weekend off basis. This is because by the time a child is of school age, weekends are seen as quality time. School holidays also tend to be split as well as special occasions.

This isn't a hard and fast rule as each case is different depending upon the parents work routines etc.

The parents need to consider sitting down and working through a parenting plan as to what would be best for the child.

Mediation should also be considered. Mediation is independent and a way of reaching agreement without the need for court. There are lots of family mediation services and there will be one local to you. Google family mediation in your area and give them a call to self refer.

If mediation cannot reach agreement then the parents can apply for a child arrangements order at court so the court can decide but this should be a last resort.

In relation to maintenance, it is the child maintenance service (CMS) that has jurisdiction in this regard. They have a useful calculator on their website which details his liability. This is what he should pay. If he wont pay this by informal arrangement then your daughter can refer to the CMS so that they can complete an assessment and also seek enforcement such as taking the money direct from his wages.

Let me know if I can assist you further

kind regards

Caroline

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