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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 7941
Experience:  Owner at James Bruce Solicitors
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I have a 1 year old with an ex boyfriend, he does not

Customer Question

I have a 1 year old with an ex boyfriend, he does not provide for her and I have to beg him before getting any help towards her expenses. I have applied to CMS for help. He says he will take me to court to 50/50 custody. I live in London he lives in Rochester and my child goes to full time nursery in London. We had an arrangement where he would take her on thursdays to his mum and return her on sundays as he is single and lives alone but because of lack of consistencies on his part and the fact that its not fair for the child to be carried on motor way everyweek what are my rights to stoping any 50/50 rights. I was contacted by mediation services last week and this is making me anxious.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No
JA: Have you talked to a lawyer about this yet?
Customer: No I have not
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: His name is ***** ***** birth certificate
Submitted: 15 days ago.
Category: Law
Expert:  james bruce replied 15 days ago.
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.
Customer: replied 15 days ago.
Thank you, ***** ***** your best advise? Is it right for a child who is only 1 to asked by court to go to her father 3 and a half days a week? Especially when he is single and has other males coming to home.? I am the primary care giver of this child, he never wanted her when he learnt I was pregnant.
Customer: replied 15 days ago.
no thanks i would rather chat as advertised
Expert:  james bruce replied 15 days ago.

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.

Expert:  james bruce replied 15 days ago.

It is not for me to say what is right. I can advice on the law.

He is the father, is named on the birth certificate and therefore is legally entitled to equal access and custody of the child, unless a court order says otherwise.

Where he lives makes little difference, it is as far for him to come to you as it is for you to go to him.

Mediation should take place, and is required before any child arrangements heating can take place.

Customer: replied 15 days ago.
Thank you, ***** ***** what is right for the child?
Expert:  james bruce replied 15 days ago.

What is right for a child is to see and be with both parents equally so they get to know both.

Customer: replied 15 days ago.
Her nursery, development, and the fact that she would be exposed to other people? She can not talk if anyone hurts her as she is only 1 year old
Expert:  james bruce replied 15 days ago.

He could use the same argument as to why he should have her. It works two ways.

Customer: replied 15 days ago.
The inconsistency when we had an arrangement and I have to look for cover when he does not show up?
Customer: replied 15 days ago.
Are there case laws that I can rely on please? Do I need to apply to court for an order to be in place?
Expert:  james bruce replied 15 days ago.

There will be many things to sort out, this is part of parenting especially if not living as a couple but rather single parents.

Forget case law. Each case is dealt with on its own merits. He has as music rights to child contact as you do, even if you do not like that fact.

Therefore you need to attend mediation, if you refuse that will go against you that you refused to take park. He would gain more credit from that with the court.

Also look to instruct a local f!ily law firm, you may qualify for legal aid.

Customer: replied 15 days ago.
I work as a community nurse will I still qualify for legal aid?
Customer: replied 15 days ago.
Also if he is given equal rights will he be able to take her to her nursery from rochester to london?
Customer: replied 15 days ago.
travelling will that be in the best interest of the child?
Expert:  james bruce replied 15 days ago.

I cannot say if you will get legal aid, I say you may qualify you would need to speak to a firm to see.

Common scenes would say it is clearly not possible to travel to the nursery like that. But the child could attend another Up there. And no it would not be reasonable to take the child from London to there either to attend nursery.

A court will decide what is best for the child.

Customer: replied 15 days ago.
Thank you
Expert:  james bruce replied 15 days ago.

Your welcome, I fully understand your concerns as a caring mother, these  matters are never easily to deal with especially when the other side wants access then does not, or is simply doing this to avoid paying full child maintenance

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.