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Ross Miller
Ross Miller,
Category: Family Law
Satisfied Customers: 2227
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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Is there any reason the mother of my child won't bring my

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Is there any reason the mother of my child won't bring my daughter to see me? I pay maintenance even though I lost my job and am on benefits at the moment.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No papers have been filled in as of yet
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: Warwickshire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello I will be the expert assisting you with this matter today.

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Thank you

Thank you for your enquiry thankfully I can help with this matter. So firstly, if you and your ex have agreed contact with the child then I would hope that she will adhere to this. However, if she does not let you spend time (or a reasonable amount of time) with the child the first thing to do is ALWAYS see if you can work it out between the two of you. The last thing you want is to involve the courts unless absolutely necessary. I would just like to point out that if you financial circumstances change, your maintenance payments should also change to reflect that same change, however, paying maintenance doesn't give you any additional right to contact with a child they are very separate issues. If you ex is not letting you see the child and is not willing to speak about contact then the first road is mediation, if this does not work then you will have to look at a court case and a judge will look at the situation presented and make an order (which is legally enforceable) in relation to giving you contact with your child.

To find a mediator in your local area, use this site :

http://www.familymediationcouncil.org.uk/find-local-mediator

In order to apply to the court, you will need to fill out and send form C100 (copy attached) with a cheque of £215 payable to HMCTS to your local family court centre. Or you can ring the court and pay over the phone (or pay in person if you go directly to the court and pay at the counter). If you are on low income/have low savings you can apply for a fee exemption here:

http://www.gov.uk/get-help-with-court-fees

Once you apply the court will list a hearing where you and your ex attends. There will be a family advisor there too (from Cafcass) and if arrangements can be agreed then a consent order will be drawn up.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

I would be obliged if you could Click the 5 stars at the top of the webpage (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge. I won’t be recognised for my response by the website if there is no rating left for me.

Many Thanks

Ross Miller and other Family Law Specialists are ready to help you
Customer: replied 6 days ago.
Thank you for this advice.