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Lawyer21, CILEx Lawyer
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My partner's girlfriend is refusing him to see his 13 year

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My partner's girlfriend is refusing him to see his 13 year old daughter unless he gives her £100 per week, at the moment he is out of work has he got rights if so what are they
JA: What steps have been taken? Have any papers been filed in family court?
Customer: He doesn't want to go to court if he can help it, and has tried to reason with his ex but she just won't listen, he talks to his daughter every day on the phone and has given his daughter money for clothes etc
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does she live in?
Customer: She lives in Gillingham I think that comes under Medway
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Customer: replied 13 days ago.
My partner's ex girlfriend

Hi How can I help?

Is he the biological father and/or named on the child's birth certificate?

Customer: replied 13 days ago.
he is and his name is ***** ***** birth certificate

If he is named on the child's birth certificate then he has parental rights as the child's father and acquires Parental responsibility. Therefore, his ex cannot just refuse to allow access.

The law states that he has a right to be part of his daughter life and the courts would strongly encourage this. However, there are certain steps he would need to take prior to doing so. I will provide up more information while I type up this.

He needs to contact his ex and say he will apply for a child arrangements order.

If she continues to refuse to allow him contact, he would need to contact a mediator as the court will want to know whether you have attended mediation first before involving the court - the mediator will contact his ex and if she refuses to attend then he is free to make the application to the court. This is called “MIAM”, or a mediation assessment.

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

In order to apply to the court, he would 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 he is on a a low income/have low savings he can apply for a fee exemption here:

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.

The court will order arrangements for you to see them on specified days and for how long if you cannot agree this with your ex partner. You can also ask for joint custody so they live with you for part of the week if you wish.

If custody (shared or full custody) is to be considered then the welfare checklist of the child is relevant :

In making their decision the courts will look at the full circumstances such as the age of the children, where they go to school, financial situation of both parents and ultimately they will make a decision in the best interest of the child.

In terms of child maintenance he is required to pay - although it may be less than £100.00 unless agreed - this will depend on how much is earning and if no agreement can he reached - The Child Maintenance Service can assist in this regard including the calculation and so fourth. - link for Child Maintenance Service

Thank you for your question today.

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