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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 3301
Experience:  LLB (Hons)
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I have a child but I wasn’t in a relationship with the

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I have a child but I wasn’t in a relationship with the mother. When my daughter was born I was allowed to have my daughter on my own then the mother stopped me and now she has to be there all the time. I want to spend time with just my daughter, what rights do I have?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No. I wanted to seek advice first
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I would like advice first.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Good afternoon to you, I'm Lea and I am going to assist you today.

Are you named on the birth certificate?

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Customer: replied 10 days ago.
I am
Customer: replied 10 days ago.
My name is ***** ***** certificate

In that case you and the mother have the exact same parental responsibility in the eyes of the law, neither one of you has more 'rights' than the other.

If the mother won't agree to you seeing the child on your own, and doesn't have a valid reason for that, then your next step would be to have a MIAM (mediation meeting) to see if the mediator can encourage the mother to engage so that you can find a solution between the two of you that is suitable - this is infinitely the best way forward if it works. If it doesn't work, the mediator will sign your application form to the court (a legal requirement) and you can then apply to court for a child arrangements order.

You can apply on form C100, cost is £215. The court will list the matter for a hearing and CAFCASS (social worker) will be in touch to speak to both you and the mother and conduct background checks with police and social services. CAFCASS will write a safeguarding letter to the court to give their recommendations on what should happen next. The court will ultimately decide who should have what contact.

Customer: replied 10 days ago.
she can’t stop me from having our daughter on my own just because she doesn’t think it what’s best for our child

She can - and undoubtedly that is exactly what she has done - but she ought to have good reason for doing so (no doubt when asked she would have reasons that she thinks are good), and your only remedy (even if she doesn't have good reason) is to try mediation and if that is unsuccessful to go to court.

Customer: replied 10 days ago.
Well her reason is because she feels I don’t bother with her enough as I only see her twice a month. But I do see her I pay for her. I have no criminal record and hold a sustainable job. She also mentioned that she didn’t want my girlfriend around the child even though my girlfriend hasn’t done anything wrong. In fact my girlfriend is level 3 qualified in child care and again has no criminal record

How old is the child?

Customer: replied 10 days ago.
She is 1 next month

To be fair, frequent visits and for small amounts of time are best at that age, so a two week gap between visits may not be the best thing for her. But, of course, if that is all you can manage it is better than nothing.

As I said, see a mediator to see if that helps and if not, apply to court.

Have a good evening.

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