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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 5445
Experience:  Owner at James Bruce Solicitors
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Can I be forced to see my kids if I pay child maintenance

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Can I be forced to see my kids if I pay child maintenance regularly
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No , I have received a mediation letter from my ex .I like seeing kids but when am free not when she wants because am in full time work and education
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: Am based in Manchester England
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I do see the kids sometimes and buy them gifts on top of the payments I make but it’s like my ex wants to creep back using the kids .I live alone and I am not trained to care for an autistic child .

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Sorry to hear what is happening.

No, you cannot be forced to see the children whether you are paying child maintenance or not.

The choice to see the children is up to you.

Customer: replied 15 days ago.
But the court can make an order to make me see them under the Children and Family Act 2014 ,section 10

Sorry call offers are auto generated from the site, not from me. I am currently unavailable for calls, but more than happy to continue here.

Customer: replied 15 days ago.
Ok

A.10 is to attend mediation before any formal court hearing. A party does not have to attend, if they don’t that could go against them, but you still cannot be forced to see the children.

Customer: replied 15 days ago.
I should attend and say when I can see the children at my own time not that of the mother .She wants to go on holiday and want be to be with kids but am working to pay for the maintenance and I do 2 full time jobs so it's hard for me to stay with them .so am hoping to have them one day a week for some hours only
Customer: replied 15 days ago.
What's your final advice

Yes attend mediation and ensure she realises that you work and study and are not there simply to be a drop off point when it suits her.

Customer: replied 15 days ago.
Ok.Can she take any other action against me concerning this and get a court order forcing me to see the children? She claims she is depressed and needs some time out but she receives carers allowance and disability benefit and child tax credit with free rents because of kids and I still pay her a huge some .If this goes to court will it be squashed?

As explained you cannot be forced to see the children. You can be excluded from seeing them but not forced to see them or have them.

Wprst case outcome, she can’t cope, you can’t have them they go into care system.

Customer: replied 15 days ago.
Ok thank you James, your advice was very helpful.Will come back if I need more help.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

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