What Rights Does My Ex Have with Regards to Our Children?

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What Rights Does My Ex Have with Regards to Our Children?

Understanding parental responsibility

When a relationship ends, parents often have questions about how decisions will be made for their children going forward. Much depends on whether both parents have parental responsibility.

Parental responsibility is a legal term covering the duties, rights and authority a parent has regarding their child. This includes decisions about education, medical treatment, religion and where the child lives.

Mothers automatically have parental responsibility from birth. Fathers have it automatically if they were married to the mother at the time of birth, or if they are named on the birth certificate for children born after December 2003 in England and Wales. Unmarried fathers whose children were born before this date, or who are not named on the certificate, can acquire parental responsibility through a formal agreement with the mother, by marrying the mother, or by applying to court.

If your ex has parental responsibility, they have equal standing in law when it comes to major decisions about your child. This remains the case regardless of who the child lives with most of the time.

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Contact and spending time together

There is no automatic legal right for either parent to have the child live with them or to spend time with them. However, courts in England and Wales start from the position that children generally benefit from having a relationship with both parents, unless there are welfare concerns.

If you and your ex cannot agree on arrangements, seeking legal advice or exploring mediation should usually come before considering a court application. Mediation can help parents reach their own agreement without the cost and emotional toll of court proceedings. Court processes can be time consuming and stressful, so resolving disputes through mediation is worth serious consideration wherever possible.

If court does become necessary, either parent can apply for a child arrangements order. This sets out who the child lives with and when they spend time with each parent. Before making an application, you will usually need to attend a Mediation Information and Assessment Meeting.

Courts consider the child's welfare as the main priority. Factors include:

  • The child's physical, emotional and educational needs
  • The likely effect of any change in circumstances
  • The child's age, background and any relevant characteristics
  • Any harm the child has suffered or is at risk of suffering
  • How capable each parent is of meeting the child's needs

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Can your ex take your children?

Many parents worry about their ex taking the children and not returning them. If both parents have parental responsibility, neither is technically breaking the law by keeping the child with them, unless a court order says otherwise.

If you are concerned about your ex removing your child from the country, you can apply for a prohibited steps order. Taking a child abroad without the consent of everyone with parental responsibility, or without a court order allowing it, can be a criminal offence under the Child Abduction Act 1984.

Where there is a child arrangements order naming one parent as the person the child lives with, that parent can take the child abroad for up to 28 days without needing consent from the other parent, unless the court has specifically ruled otherwise.

If you have immediate concerns about your child's safety, contact the police. For ongoing worries, seek legal advice or apply to the family court for protective orders.

Reaching a workable arrangement

Most parents manage to sort out arrangements without going to court. A written parenting plan can help you both agree on the practical details and reduce misunderstandings later. You can find templates on the Cafcass website.

Where communication is difficult, family mediation can provide a neutral space to discuss arrangements. Some parents find it helpful to use apps or shared calendars to coordinate schedules without direct contact.

If there are disagreements about the arrangements, keeping a detailed record can be helpful for future discussions or court proceedings. Note dates, times and what occurred in a factual way.

Child maintenance and contact are treated as separate issues in law. Your ex cannot withhold contact because maintenance has not been paid, and you cannot refuse to pay maintenance because contact is not happening. That said, these matters can become tangled in practice when emotions run high. Keeping them separate helps everyone focus on what matters most for the child.

For information about child maintenance calculations and the Child Maintenance Service, check GOV.UK. For guidance on family court processes, the GOV.UK website and Cafcass provide reliable starting points.

If you are unsure about your legal position, consider getting advice from a family solicitor. Many offer an initial fixed fee appointment. You may also qualify for legal aid if domestic abuse is involved or in certain other circumstances.

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ChildSupportLaws Editor 17/05/2026 at 1:30 pm
@James Griffiths Fair point, James, and noted. The law itself is gender neutral, so everything on this page applies equally whether you're the father or the mother seeking contact or residence. We'll have a look at the wording and make sure it doesn't default to assuming mum is the main carer. Plenty of dads are these days, and the article should reflect that.
James Griffiths 26/05/2023 at 12:28 am
Why is all the advice here from the POV of the mother being main carer. Get with the times..... change your tone of voice please !!!!!
Smaira 04/05/2023 at 5:42 am
https://petition.parliament.uk/petitions/637495

I was wondering if u could share to anyone u know so we can reform child maintenance law and increase payments as child maintenanc is ridiculously low and I want to extend the age to 23 so children are ensured a better future - I am a single mum who is struggling financially it would be greatly appreciated if u could share around
Bob 31/12/2022 at 4:13 pm
Why has this been written by suggesting it is always the father that never returns the child? We have a case in our family where the father was granted sole custody and the mother is refusing to return the child to the UK from overseas. Your article nature's assumptions that do not fit the complex nature of divorce these days and almost borders on sexist in its tone.
cllll 30/05/2022 at 4:36 pm
It started from small misunderstandings after which he told me that it would be good to take a break, which I think turned into a breakup. He no longer looks for me. This brought me sadness because we have been together since high school and he was my first and only love. I searched for help everywhere on the internet and then i saw so many people putting out comments about Dr Ilekhojie, I got his contact the one of the comments and talked with him about my situation and he explained the process of reconciliation and how he will help me reconcile with him in three days. Its been exactly a month a contacted him now and everything has been perfect with Moh and i had to put out this comments becaue he deserves all the praise for helping me. Heres his contacts Whatsapp/Viber +2348147400259
M 06/05/2022 at 8:06 am
Mine is differnt to all the above and costing me thousands but keep getting told you my soluctir my ex dosnt have to have the children . His wife only wants my son
On there terms including never at Christmas . Me and my son have no choice and I’m the opp I’m fighting for his dad to see his son more. He has legail p r we wasn’t married but he my son or sons has him name he also has special needs . He also pays Matience that he wants amd chooses and hides his income it’s a horrible situation to be in feel so sorry for my son . They also live local
Taffy1 25/03/2022 at 11:24 pm
My ex wife as stopped me from cing my kids cus I found out her n her boyfriend av both given my 7yr old daughter alcohol I've bin in touch with social services and the police n I get a visit from the police telling me to stop threatening her n she gets a fone call from social services she is a gud liar n very manipulative n controlling and she nos that is the only control over me I pay her 300quid a month maintenance every month n yet she won't let me c my kids
TC 02/10/2021 at 7:46 am
Yesterday dad took our child to his home without my permission/breaching CAO. It took ages to get through to my son by phone. He asked me why he was at his dad's and was worried. I didn't have a clue. I was at work in the next town. Dad is on holiday from today and cancelled loads. He returned him . Lied said arranged. Wasn't. Searched all our conversations. Need to do something but court n social his side . Reported to womensaid as only support in past tried it before to cause me distress. Left him for physical and mental abuse etc. He's still v controlling. What can I do ? He won't stop. Tried twice to get him taken off me . Nearly worked
Tom 21/07/2021 at 11:40 am
My child’s mother refused to let me see my son multiple times and then all of a sudden her car breaks down and she can’t pick him up from school so she asked me to pick him up. The next day when she wanted him back I told her to file papers for custody and on the court date (few days max) I would hand my son over after we see a judge and she called the police and had me charged with inticement of a minor. I have court today and I plan on getting case dismissed for facial insufficiency of a complaint. If anyone has any insight I would love to hear what you have to say.
Loulou 08/07/2021 at 6:25 pm
Can my partners ex girlfriend who hes got kids with demand a dna test on our baby
Me 06/07/2021 at 11:55 am
Paragraph 133 of [2004] EWHC 142 (Fam) gives case law on what a parent can and can't do with or without the consent of the other parent.
Ivar 30/06/2021 at 7:00 pm
I think it's horrible that all these articles relate to fathers being the villain. My situation is my ex has children living there and I have court ordered access. Qt the time I was not in suitable accommodation to have children full time. My ex has various mental health issues and has exposed my children to dangers. However despite my efforts they remain with her as she is able to say right things and put on a mask. She has borderline personality disorder. And narcissistic personality disorder. Among many others. However if I refuse to return my children I'm sure I will be the villain despite my concerns which are echoed by school and health visitor.
Tails 28/06/2021 at 10:13 pm
Can a judge force me to pick my children up from my ex when he has collected them on a Friday and now wants me to pick them up from his house 70 miles away on the Sunday when he use to bring them back. I never stop him from picking them up or seeing them but before he takes me back to court for access again I just need that question answered.
LW 26/06/2021 at 8:57 pm
I’ve had a long standing agreement with my Ex regarding access to our daughter. I have her every other weekend and it’s been that way for a few years now. It’s always worked. So I work everything weekend. Plan my weekends away with my partner & holidays etc around this agreement regarding my Ex. Now all of a sudden my Ex is demanding the weekends be swapped which I’m unable to do because of work and other commitments. However even after I’ve told her all of this she is still adamant that the weekends my swap to suit her new relationship. Where do I stand on this matter? I can’t swap because of work etc. So therefor won’t be able to have my daughter. Can she just all of a sudden swap a routine which she implemented years ago to suit her needs? Or do I have rights to stand my ground as I really can’t swap anything around? Thanks for any information from anyone!
Manda 22/06/2021 at 3:38 am
My 10 year old son, went to spend 2 weeks with his dad for the first time, out of state. His father has altered his meds so he could stay longer. His father is not on his birth certificate, doesn’t pay child support and no DNA test has been done. And now is refusing to bring him home at all, also says that he believes I’m on drugs,(I’m not) and if I try and come get my son he will report me, and get full custody. What can I do?? Help me please
Belfastgirl 31/05/2021 at 5:27 am
Hi, my partner faught in court for three years for 50/50 custody off his two kids. He was granted it, but for the last year and half his ex partner hasn't sent children on court ordered days, she lives with an abusive partner who has hurt her infront off kids and had to be removed by police during this time. She has now moved him back into the home with the children. He is at his witts end feels like he doesn't have a say or right about what his kids are seeing and doing.
He has contacted his ex partner weekly when she unblock him, asking why she isn't sticking to order or replying to his solicitors letters, only to be told its a waste off her time and she dosent care what the judge says. In the mean time the children are living in a verbally and now physical abuse is happening. What should he do.
Justin 29/04/2021 at 8:04 am
I haven't seen my kid in three months after a charge was filed too me. The officer told myself no contact with her and I haven't been in touch. I'm at a loss of words and don't know how to handle this case
Nikki 17/04/2021 at 11:06 pm
Me and my exes relationship ended a year ago he has now met someone who lives 2hours and 30 minutes away and is moving in with her now alough i am happy for him i do not want my daughter to be staying there 4 nights a month as i cant get there if there is an emergency also my daughter has not met this woman nor have i and i just dont know what i can do as my ex thinks that he can do as he pleases
Leocypher 18/03/2021 at 5:32 am
Why does this segment begin with unfortunately yes, why would it be unfortunate that the father could take custody of the child in most cases the father is the more attentive parent,just because a woman gave birth to a child does not make her a good mother
Allen joel 24/01/2021 at 6:28 pm
I’ve recently found out my child farther has been lying about his income and under paying child support after a heated discussion he’s agreed to pay the new amount he’s willing to say he earns. I have suspicions due to his sudden willingness to change how much he pays and how the convo ended, I’m worried he’s planning to not give my child back as he’s due to see his dad this weekend for his dads bday. What can I do to ensure he does had my son back who’s 12. Many thanks
noodles 17/01/2021 at 8:11 am
my sons father who is an illegal immigrant is trying to keep my son he spoils him rotten so when its time for me to pick him up he doesn't want to come home because I actually say no his father gives him anything he wants so he won't leave what do I do
D 17/12/2020 at 3:34 pm
My son and his ex use their son to score points over each other, and my grandson is stuck in the middle, what rights as a grandparent do I have, can I get custody of him
Kay 22/11/2020 at 9:10 pm
Hi just a quick question,

My daughter goes to her dad's every fortnight we have been court and have a court order but do I have to still send her if her dad grips her by her clothes and puts her in a coat cubbord for punishment.

Many thanks
Rick 02/11/2020 at 8:11 pm
Hi I see my kids twice in the week and once over night at the weekend and on a weekly basis. Is it shared responsibility that the mother brings them to me and I bring them back? Or is it down to the father?
MrsB 21/10/2020 at 10:43 am
Hi, my son has been living with his father but I hold joint PR but there is no legal paperwork for this. My son is 14 and wants to live with me and his sister but his father is refusing to allow this. My ex is manipulative and wants to talk to my son to try and get his own way and promise change but this is only ever a temp thing. My son goes hungry at his fathers and sleep deprived. He uses my son a slave and his mental health is at an all time low. I need to help him please any advice ?
Sue 29/09/2020 at 10:22 pm
My sons ex girlfriend is going to brazil but leaving there son here in the uk with a baby sitter my son has pr can he go get his son
Rainbowstars 09/09/2020 at 12:54 pm
So my ex mislead me thinking he has status in the UK. Turned out that he lied and I had a child with him. Now I feel used because he now wants to use us to get stay in the UK. He was abusive and wants to see our child but I don’t trust him and want to report it to the home office as his application is still being processed.
I just want to protect my child away from him and his toxic family.
I had to ask him to leave my home so I don’t know where he lives. The other day he harassed me giving me 14 missed calls. What can I do?
williams 08/09/2020 at 2:09 pm
I am seperated from my wife, I am not happy about a female friend of hers that she keeps company with when with children, this person is under the influence of drugs its not alcohol therefore I am not happy for my children to be around this person do I have any rights to stop this.
Jane 31/08/2020 at 12:31 pm
Hi i recently found out I am pregnant with my exs child, we had split up due to the fact he was emotionally abusive a secret drug user and it came to a head when he got particularly aggressive towards me and trashed my house during a certain episode.
Shortly afterI realised I was late so took a test and its positive, I have appointments with Dr's and such but when I told him he blocked me on every platform. Yet I fear he will try to gain contact when the baby is born, how could I stop this contact from happening or have some protection as due to his nature and behaviour i am worried he may possibly be agressive towards the baby or myself during the rest of the pregnancy
dunk 28/08/2020 at 2:34 pm
hi just wondering where I stand in regards to parental responsibility my ex wife and I divorced 10years ago all this time I have had very little contact with child due to the toxicity between ex and myself do I still have parental responsibility child now 18 have had no contact for last 6 years many thank
Caz 28/07/2020 at 7:24 pm
Hi, I was recently a victim of domestic violence, I left the relationship but then my ex partner could not get intouch with me he rang my child's father who then brought him to my address where my child was, he has now took my son as he has pr but is not letting me see him only only time that suits him, he stated that he was scared of my ex but he brought him to my property. He is now saying he is going for full custody of my son because of the domestic violence, my son has never witnessed anything.. I still have pr of my son my his father is emotionally and controlling me x
Help 24/07/2020 at 1:54 am
My nine-year-old stepdaughter claims she is being abused at her mother's house. We have tried calling for a restraining order but was denied because she was denied because she was not in immediate Danger and we have called DSS but she refuses to talk to them because she's afraid that she'll be beaten by her mother if her mother finds out she has to talk to them she's been completed to Stay With Me and her father mother has primary placement of the child. We have visitation rights. The mother has not followed the visitation rights for over 5 years is there any legal way that we can hold the child here until our court date of custody when the child refuses to go back to their mother
Liz 19/07/2020 at 4:36 pm
Hi, i need advice for my daughter who has a week old boy and is very anxious that if she gives her son to her ex partner who has PR then he will not give him back, what can she do legally.
MrBiscuit 02/07/2020 at 4:07 pm
My daughters (my daughter is aged11) mother called me on Sunday demanding I collect my daughter as they had yet another fairly heated argument and she didn’t want her in the house with her two sons (not my kids) aged 4 and 2.
These heated arguments have gotten progressively worse over the past 3 years and have resulted in violence from my daughter and then a call to me to collect her as the ex can’t deal with her.
So as requested on sudsy I collect my daughter, she has stated repeatedly she wants to stay with me and live here as she feels a lot calmer and her sometime violent behaviour doesn’t happen with me and there are few arguments at my house.
Now my ex had obviously gone nuts saying she can’t stay here and came to collect her on the 1st July 2020 but my daughter refused to go with her again stating that she wants to live with me and wanted to stay with me. I asked my ex to outline what she wanted regarding contact but she has refused to say anything. She has now said she wants me to drop my daughter back on Sunday of this week, I’m concerned I won’t get her back again. I have PR and just wanted to know what obligations I was under to take her back. Further if my daughter refuses to go does that improve the situation
Emma 01/07/2020 at 9:26 pm
Hi, the children’s father walked out on us a year ago. I have never excluded him from my daughters lives whom are 4 and 6 years old. He would came to see them a few hours a week, take them out locally or recently to his flat that is locally.. now he is living with his girlfriend 40/1hr away from us and he asked to take them to hers on Saturday. Can I refuse this, I’m really worried that he might not bring them back (we have our first mediation on Monday) please note, he has been mentally and physically abusive towards me, has a history of alcohol use, he is controlling and manipulative to get his own way.. should I let my kids go, if I say no for them to go far away, would it go against me in mediation/court, please help any advise would be greatly appreciated. Thank you
Dede 25/06/2020 at 9:07 pm
Advice given as been in similar situation for a number of years.
Mine is getting easier but still a struggle in ways.
If a child lives or already is in the care of the main parent with out a residency order the other parent can take the child.
A child arrangement order ( CAO) is also required.
Apply to the courts for this and try internet to start the application ( May cost a bit but is the best way to get this secure.
If the parent is not on the birth certificate they do not have the right to take the child or have any legal rights.
If the parent who has not seen the child from 6months Onwards 0 contact no contact with in that time, you can apply to the court for full custody as the absent parent is not considered as a child’s best interest of importance.
Child maintenance is free to set up with them and they can track the absent parent, details would be name, number if have it ( not important)
Address or area known even old address.
Work info
Any info on the parent.
Any domestic abuse apply for a order if not safe to minimise contact while it get investigated and arrange contact centre supervised if safe enough, but most importantly a residency order needs to be applied also while doing this, report to police and women’s aid.
Hope this helps
Wednesday 24/06/2020 at 2:33 am
Hello. My ex disappeared when l was 5 months pregnant after promising to be there for his child initially, l learned he had moved in with a woman with 2 children, not his. He has never seen our daughter who is now 2 years old. He has no PR, we were never married, name not on BC. DNA test done by Child Maintanance as he was denying paternity, still hasn’t paid anything towards his child after positive DNA. Child Maintanance now taking him to court but he is self employed, has a business partner, 50/50 owned. Business is now being liquidated, does this affect my court case for him to pay towards his daughter? I suspect this is his way of hiding money or moving it around. There have been no funds in his bank account when Child Maintanance went to his bank to seize what was due, l know he has been earning something. Please help.
Ayloo 20/06/2020 at 8:58 am
If the father is not on the birth certificate. Was incarcerated about the length of my child’s life . & now demands rights . What are my right and what concerns am I allowed to present as he does have a track record of being incarcerated.
my child does not know him well enough to have any visitation without me present .
What are my rights ?
Kholie 19/06/2020 at 11:32 pm
Hi i really need your help please..my baby father borrowed my son last year...but now if i want my son he just want quite....it's been a year now
Sj04 03/06/2020 at 4:19 pm
Hi I’m looking for some advice, my ex partner has PR however he doesn’t see our son because he chooses not to, he will contact usually daily to speak to him etc but however if something happens and we have a disagreement over something he starts to threaten to come and take our son from me, insinuating he is a better parent than myself when I have a lot of reasons why if he turned up I wouldn’t let him go, can the police do anything in this situation, is it worth ringing to report these threats?
Kate 20/05/2020 at 6:48 pm
Hi im 15 years old, my dad cheated on my mum when i was 9. The women my dad cheated with thinks she can control me and tell me What i can and Cant do shes vile to me and my family what should i do?
Cappy 01/05/2020 at 9:34 pm
Your a bunch of controlling freaks man... get a grip of yourself, be an adult meet face to face, use reasonable words or have a mediator present.
What's with these threats of courts and with holding custody? It's nonsense and you should be ashamed of yourselfs.

I get most of your situation and it s scary but half of the comment section is full of vindictive snakes looking for control.
Worried grandparent 24/04/2020 at 5:51 am
I need urgent advice. My daughter has just had a bsby. The father has not paid a penny either before the birth or after for the child even though he promised to pay for the child. He wants access everyday but doesn't want to help with money, not even buying nappies and milk. Hes insisting the baby has his surname. What are our rights. I'm very concerned.
Will98 30/03/2020 at 5:55 pm
Hi me and my ex girlfriend are expecting a new born baby for the first time and we broke up and I started getting messages off her new partner one in which he threatened me and said horrible stuff so he should be deemed as a danger to my child when he/she arrive. Is there any way I can stop him from having any kind of contact with my child. So that my ex partner can see my child without him.
Gigi 11/02/2020 at 7:29 am
My o /off narc partner has taken our 2 kids to see his brother while his wife is there when I'd told him not to. Got no problem seeing g their uncle but I've never seen this woman and I'm never invited. He met her online and married her after a week. My argument is she could be anyone he doesn't know anything about her. Does anyone agree with me or am I in the wrong?
Tatty 04/01/2020 at 1:32 am
Hello
I have 2 kids a 12 n a 4year olds few years ago I went true domestic violance and had to run been in a refuge n manage to get life bk track so few years later found out ma eldest is a diabetic type 1 wit no families in the country I tried make it up wit him so we could get support but he started mentally abuse n I feel his trying to turn my kids against mi, says am and mom because I went true depression n anxiety so his constantly saying hi will take dem from mi am really scard simply because his on birth certificate, wat can I do will he be able to take my kids?????
Flower 31/12/2019 at 11:34 am
My ex was abusive and is really narcissistic. I've spent years in therapy healing from PTSD and post natal depression nd am finally getting to a great [lace and now he wants to have my son for half the week - he's always had him for a third of the week and has wanted more time but always on his terms. He's now speaking to my son about how unfair it all is on Daddy and my son keeps speaking to me about his Daddy's needs and how unfair I am being and that he wants to be with dady but I know where all this is coming from. now, his father is sending me lots of emails about how I am messing up our child and is clearly building a case. Ive said he can of course have more time but that i don't want it to be three consecutive nights as I don't feel its right for our child and that I think it should be a friday night twice a month. He doesn't want to lose his friday nights as he is a musician (I was a musician too before my child but have become a teacher now to pay the bills). What rights do I have. He's a real busy and I don't want to answer his emails but feel I should respond with the truth of how abusive he is etc.
Devastated Mother 29/12/2019 at 7:24 am
I need help understanding what to do my kids father (never married) moved out of state he just started actually co parenting non court order 3 yrs ago and the children are 7 and 10 years old. Since he’s moved he keeps asking me to pick up and move to his new state of residency but I refused now my kids went for Christmas break and he called and said he’s not sending them back I called my state police but they can’t do anything but I believe it’s because they’re in the other state. Now I have been co parenting with no issues even when he wasn’t there or helping with them. And for him to now decide this is tearing me up Can anybody tell me what to do? I’m going to court house first thing Monday morning but I’m still in shock that my kindness is being stepped on
Watson 28/12/2019 at 7:18 am
I feel my ex is emotional abusing my daughter. She is saying stuff like ur dad wants to get the police on me and sends me texts off my daughters phone pretending to be my daughter. I have a court order which I have my daughter 3 nights a week but I do have concerns for my daughter by the way my ex gets in her head. Should I keep my daughter???
Emesmith 26/12/2019 at 5:19 pm
Hi, I have been split with my ex for a year and a half we have a 2 and a 4 year old together we broke up due to not getting on I had a nervous breakdown two years ago and whilst having therapy was told I was being mentally abused which I didn’t see at the time but joe I see very clearly I was, my ex is in the military and he sees the children when he has time, he doesn’t have a car he doesn’t have much money and he also doesn’t have a stable home for them to stay at when he does see them it’s stayinf at his nans or at a military base, he isn’t being amicable with me his very abusisive with his words and then makes me angry and then he will turn it back on me, he can not look me in the face when he drops them or picks them up or if I take them to him, he tells me to move on and that he has met someone else (which I can not see) but then makes me feel like I’m doing something wrong and doubt myself, do I need to take Him to court? What rights do I have or him? He will not do mediation thanks
Floro 11/11/2019 at 2:11 pm
Does my ex have the right to tell me that he doesn't want his daughter seeing her friend. I am friends with the child's parents but the ex doesn't like us spending lots of time with them. And this now caused a discussion between us all. But he has told me not to take our daughter to the friends house until this is resolved....!?
Jgord 15/10/2019 at 12:56 pm
Hello
My child live with his mum and has lewtning difficulties and speech problems. I am growing concerned that he is not progressing snd his mum isnt spending enough tine with hin to help him. He spends a lot of time at his nans.
I spend majority of weekends with him but i think he will benefit living with me. I love with my partner, second child and my partners chils who my sons gets on with very well. She also without knowing helps my son with his speech and learning and every week we do honework together which he loves and learns from. We also havr a set routain which he addapts to reallu well where at his mums he doesnt serm to have one.
He comes to me looking like a mess on many occasions and has sometimes come with no underwear on.
Has anyone got any advice?
Paddy 05/10/2019 at 1:20 pm
Been with miss 20 years got 3 kids youngest 5 17 16 and now found out son taking drugs drink then she text me to come sort him out go to has she then say I push her over then say phoning police so I took my son for week end I also pay 50 pound aweek with out fail
Nicki36 29/09/2019 at 11:26 pm
Hi I’m looking for advice my sons dad has him every other weekend with a court order. He has just shaved my sons hair 0 grade when I asked him not to cut it nicely so he did it out of spite , does anywhere state he needs permission? Please help thank you
ALG 21/09/2019 at 10:11 am
Morning, can someone please help my ex has taken my son again and I’ve had to apply for c79 form to enforce the child arrangement order we have.
This is the last thing I wanted, but he takes him away and won’t bring him home till his life is busy.
He sends abusive texts constantly watches my house and drives so dangerously.
I’m by no means perfect but my life is falling to bits I can’t sleep or think and I’m paranoid all time he’s watching.
He has my neighbors watching me and more.
The police are powerless because we do need to have contact over are son.
Can anyone help me with what will happen at court? My anxiety is through the roof :-(
Cauda 15/09/2019 at 7:43 pm
I divorced 8 years ago; we have a 10 year old son who lives with me and sees his father when he has time (the father not the son). I am still single, but my ex husband is about to move in with his girlfriend (I found out about this, AND HER) about a week ago. He now wants my son to live with them. They are both professionals, have a large income, and don't have mental health issues (whereas I do). I can't afford to take this to court - what do I do?
Zozo 31/08/2019 at 10:11 pm
My ex took my daughter at age 3 months due to me having mental health issues I tryed to get my daughter back but unfortunately no luck been to court and only have small contact with my child any support or adivice would be helpful mums
Beanie 30/08/2019 at 11:52 am
My Ex is stressing out my daughters when they visit him ranting and saying horrible things to them about me and my family and that he is going to kill my brother and make it look like an accident...he continues to send me nasty txt since we split up 7 months ago...he has been abusive to me in the relationship and my daughter age 13 is angry with him as she said she realises he has been manipulating her to
hate me.... she doesn’t want to see him anymore but is afraid of him so next time he asks to have them I will have to say no as I need to protect her... what can I do to stop him as she is so distraught about all this he takes drugs and is very unreasonable.
J15 25/08/2019 at 6:43 am
So I split with my ex when I found out I was pregnant as he didn’t want a baby, he then was never involved in the pregnancy and wasn’t for the first 4 weeks off my babies life. He is not on the birth certificate and he sees her twice a week for 4 hours each day. However he has let her down 5 times in 4 month. He also refuses to buy things for at his house as he’s got a holiday to pay for with his girlfriend if this carries on do I have the right to stop him from seeing my baby as I don’t want her to grow up and me being the one telling her why he lets her down.
Shybrows 09/08/2019 at 8:36 am
Me and my well I suppose ex broke up this week. We both have children of our own and have recently had a baby together. However we don’t live together as both of our children from other relationships live with us in our own houses. My children being older (15 and 16) and the children’s mother being reasonable has allowed me abit more time to stay at hers through the week and spend more time with the baby. However she has always resented me going back home to spend time with my boys, visit my house and just generally do anything that wasn’t anything to do with her and her child.
Now we have split it up, I want to have access to our baby and take him home for a few nights a week. She is saying that while i can see him whenever I want i can only see him and spend tome with him at her house as she doesn’t like the area I live in. Is she allowed to do this ?
slender 07/08/2019 at 11:39 am
Good day

I have a problem my ex he want to see a child but he is not paying a maintenance so now he took me to children's court. I don't want to see him near my child since well he not providing. last when we were at court he said the child must not visit him i must keep her so i did what said now he her back now.
Cassie 05/08/2019 at 8:12 am
Me and my daughters father have 50/50 care over my 15 yr old (we agreed that not the courts). He has now blocked all contact with me and says my daughter is of age now so he has no need to contact me. I'm not happy with this as there have still been issues in the past where he has had to contact me or vice versa. He's outlook as a parent is different to mine. He believes she can do as she wants as she is over 14 but I'm stricter and believe she needs rules and boundaries he doesn't. She always has time off school when she stays with him and I'm not happy with that but I'm not informed only if the school contact me about it. I have told him the 50/50 stops until he accepts that I should not be blocked from contacting him.
Tasha 02/08/2019 at 11:19 am
My ex left when my youngest was 3m and and now he try everything he can to get full custody I am getting married at the end of the month to my current partner and he doesn't like it and if he doesn't get custody his mother is going to try I am at my wits end of all the lies alagations agenst me and my partner what can I do
Happy23 31/07/2019 at 4:58 pm
My ex left nearly 7 years this year he had hit me in front if children aged 2 and 6weeke at the time.... I found out he then was on a lot of drugs no contact with children for nearly 6 years not seen them.... would a judge give me a resistance order so I know my children are safe if he turned up at anytime? My youngest wouldn't even no him and my oldest wouldn't recognise him help needed please. Hes been homeless for 3 years as I know of he pinched off me hes in and out od prison and still on drugs thank you all I want is the man to sat away from my children
Jess 26/07/2019 at 9:12 am
hi me and my ex are no longer together, he now as a new gf and wants our children to meet her, he doesn't have shared care and is barely in my children lives also my children have struggled so much with the separation, am I in my rights to not allow the kids to see her
Kylie Thrussell 26/06/2019 at 7:16 pm
I am a single mum to my 3 year old daughter her father and me have not been together all the time of her growning up he has another family with another women I don't get no money off him and I had to get a child arrangement order in place as me as a residential order but now he wants me to take her to see him am I in my right for him to come see her instead of me running around after him where do I stand!!!
Jolie 22/06/2019 at 4:26 pm
Me and ex divorced 8 years ago and children live with me. He has since moved out of the area and set up home with another woman and remarried. When he lived in the area he would see them every 2nd weekend and Wednesday evenings. Since he moved away, he has been collecting them every 2nd weekend until a couple of months ago at which point he made the decision to stop seeing them stating he could no longer afford the petrol in his car (lives 80 miles away) as he said he couldn't afford to pay the amount if child maintenance he pays. He earns £70,000 and his wife earns £35000 and they live in a large house and drive expensive. He now says he woukd lije to see them every 3 weeks and won't see them every 2nd weekend unless cms decrease payment by £50 a month. My question is, can he just pick and choose like this, dipping in snd out of seeing them and on his terms?
Neat 07/06/2019 at 11:43 am
I was wondering if anyone can give me any advice. My partner announced several years ago that he wanted to leave, but decided to stay for financial reasons and because he didn’t want to leave the kids (we have two, one 10, the other 15), although he still wanted to end the relationship. I found out recently that he is in a relationship with another woman and that she is expecting his baby, so I naturally asked him to leave. I told him he can come over and see the kids Tuesday and Thursday evenings and on weekends, which I don’t think is unreasonable. The thing is he wants to come over everyday, whenever he wants to, without informing me before hand. At the moment things are very strained between us and this is just causing stress for the children, as well as myself. I have no problems with him seeing the children, I just want it to be a formal arrangement, not whenever he feels like it. Do I have any legal standing on this at all, or does he have every right to do this. Any advice would be helpful. Thank you.
Sarah 02/06/2019 at 4:42 am
Its been 4 years since my ex and I separated. Amicable child arrangements throughout mostly, only a few bumps in that time...He's taken 2 out of 3 children on holiday for 1 week (our eldest is 12 and a half- becoming a moody teenager, so he said to her he wants nothing to do with her?! She’s excepted it as seen what I see in the end)
He arrived back to drop them back home, had a screaming match with me at the door, as if a power thing as he’s got and had the children. They wouldn’t then step inside their home and off they all went again in his car. He’s stating he’s keeping them and applying full custody. I don’t want to upset the children anymore then they must be or allow them to see us being like that, I wouldn’t of allowed it if the children were in the door already. We was married so in law I know he gets parental rights but 4 years amicable and now this. What happens now?
KarenC 29/05/2019 at 6:56 pm
My daughter has returned from 5 days with her dad and I find out she was in hospital with suspected appendicitis and was being prepped for surgery. He never informed me! Turned out to be a water infection, but still!! He refuses to tell me when he is taking them on holiday or communicate in any way but not to be told my daughter is potentially in a life threatening condition in hospital!! I'm livid. I have advised him straight away when our daughter got to hospital with a broken leg. Is it law that I am to be kept informed? We both have parental responsibility and I have full custody.
JO 24/05/2019 at 3:28 pm
How much say or control does the parent of whom the child lives with when it comes to access and agreeing dates to have the child?
Vom 23/04/2019 at 8:43 pm
My ex husband has depression and anxiety disorder and has fit he see ever sat but want more time. Son is 11and will be 12 years old in Nov and does not want to see him. My ex tell my son inappropriate things and call me disgusting name in front of our children
What can I do
Lola 17/04/2019 at 6:20 pm
Ive split from my partner 2 years ago because of him just not growing uo really out every week didnt come home for days lies constant etc anyway we agreed because of work issues he could see his daughter sun and mon because he stil has no fixed abode so he cnt have her over nite and he turns up wen it suits and its been weeks now since he saw her he jus thinks he can come wen it suits im at the end now because my little girl is upset every week i want to put something in writing to give him one last chance but have no idea wat to say and do for the best and he rarely pays me anything
Film girl 17/04/2019 at 12:15 am
My sons dad has started seeing his ex again. A year and half ago His ex accused him of rape, got him arrested and nearly got him sacked from his job, she has does this to another person a few years before and that makes me Suspicious, I don’t want my son to be anywhere near her, I can’t trust her. Do I have the right to say that she can’t be near my son.
Shell 15/04/2019 at 8:26 am
Hi I split with my ex when he found out I was pregnant he said about abortion which is wasn't going to do.he said hope she dies and doesn't want me to tell her who her dad is when shes older.always been controlling verbally mentally abusive and one time punched me in the ribs.my baby is now 3 months old.I decided to let him see her for an hour.he is now threatening me with courts has I said I will let her see you when she's old enough and if she wants to.his name isn't on the birth certificate which he also wants now.he took his ex wife's surname when they were married
Rick 14/04/2019 at 4:19 pm
My controlling ex wants to buy mobile phones for our children so she can message constantly while they are with me and track them using god tracking.

I have never restricted her from calling them or from them calling her using my phone. Occasionally it hasn’t been convenient or it may be delayed but never refused.

She is threatening all kinds of things if I touch or restrict the phones in anyway. Do I have a right to ask god tracking is disabled and to limit phone usage in my own home / when my children are in my custody? I feel like she will digitally spy on them/me and it’s very unsettling.

Any advice anyone can give would be very much appreciated
Lil 10/04/2019 at 10:25 pm
Violet, if that is your partners home where he lives you cannot stop him seeing his child having him over night if your willing to allow your baby to still go where she iswhat is the difference? To many women believe they have all the power make him apologise, ask questions for your own piece of mind and then take it from there.. Do not punish your child.
Violet 09/04/2019 at 3:26 pm
My partner left me when my son was only 8months old, we came up with the agreement that he would pay (child maintenance) £50 a week and he could have his son over night every other Saturday.. when our son was 1 and half years old I asked my ex if he would like to have his son an extra night he agreed he then had our son every other fri-sun (2 nights a fortnight) and still paying maintenance, our son is now 2 and I have recently found out that he has been in a relationship for the past 8months and has moved from his current home and into hers he has been living there for over 3months.. due to this I now don't trust him as he lied to me where my son was staying, and from this I have also found out he stopped paying maintenance in Jan 2019 have I got the right to change arrangements and ask him to have our son on the weekend but not over night just days as I can't trust where our son is?
Lou 09/04/2019 at 7:45 am
I have just split with my partner I’m 9 weeks pregnant he has told me to get an abortion or we are finished for good I am keeping my baby but what happens when the baby is born he has said his name won’t go on the birth certificate and he won’t pay do Should I allow contact
Gazza 05/04/2019 at 6:00 am
Hi me and my ex girlfriend have split up,she has got our daughter and is using her as a weapon and not letting me see her atall,ive tryed to text to c if she is ok then the police turned up and said i will b arrested if i try and contact her,i am no threat to my daughter so i dont know what to do
CT 27/03/2019 at 11:01 pm
This article could be much improved upon. Nowhere does it mention what happens when a mother, for no reason, prevents children from seeing their father. Sadly this is not usual, nor are the high levels of male suicide, which can and, do result from such cases.

Sadly, there is only one mens charity which deals with domestic abuse, and one refuge, in the entire UK.

A well written piece on this would be very welcome
Yamma112 21/03/2019 at 12:39 pm
Hi, I am currently in a situation where my sons mum did not allow me access for 6 years for made up reasons, my son has now started to ask about me and all of the 'problems' i had have suddenly gone away and i am allowed to now have access to him, she has since moved 4 hours away and is demanding me to go and see him every week, it is a £67 journey as i don't drive i will have to get a hotel to spend the night with him, i can do every other week as long as i do not have work commitments but she has advised me the weekends in between she is also unavailable, i am just wondering if i was to take this to court as i am fed up with trying to be reasonable and it only being a one way street would they take in to account my work commitments, the days i have off i am willing to see him but she is not available them dates. Is this all taken in to account?
123ste 28/02/2019 at 11:52 pm
Hi I am just wondering about paying the csa to my daughter's mother (i would be directly paying her) but I have some issues with it as I have my daughter 6 days out of the week and 3 nights of the same week I also work 40 hours a week I pay for all my daughter's needs and more and her mother is still asking me to pay csa to her I just want to know if I should be paying her the money or not can't find much on rights from the man's point of view. I am a PR of my daughter
Newmum 10/02/2019 at 7:11 pm
Hi, I need some advice. I have a 4 month old daughter who is exclusively breastfed, I’m thinking about leaving her father due to his verbal abuse towards myself and my daughter!

Before doing so id like the check what sort of contact I should offer him baring in mind I would have to move back to my home town which is approx 40miles away?

Newmum
Blue2510 31/01/2019 at 12:50 pm
So i am moving away for a better career but more and most importantly its to provide for my son. It was his birthday last week and i had to say no to his main present cause I coukdnt afford it. That moment on I felt like I failed as a father as I couldn't provide. Now with this career choice the ex partner (his mother) has stopped me altogether seeing my son as I'm moving away. I am on the birth certificate and well she has been vile with comments how he will not know me as his father. I dont want to go to court cause I don't want more stress for her but i want to see my son. I'm sick of playing nice and now im getting ready to go away for work. Approx 25 days before i go. Today she complained how i put a photo on social media of my son getting a haircut. It was her who took him but i was extremely proud how he didn't make a move like most kids are scared in the barber's seat.

I just want my son and I'm coming back every 4 weeks for 5 days and I want him then and to facetime 2 or 3 times a week thats it. I do not want to leave him. I just want to provide for him and give him.the best life and I'm willing to sacrifice the time so I can own a house, provide for him and give him a good life.

Thanks in advance.
CB 16/01/2019 at 12:13 pm
I'm in a bit of a quandary, my ex husband is threatening to take me to court to make me take our son over to him for visiting (I do none of the travelling because he works in the same area as where we live and his home address is approx 20 miles away). On the friday ouf son has swimming and my ex is now threatening to take me to court if i refuse to drop our son at his rather than him wait half an hour for him after swimming. Can he make me do this?
Ava 06/01/2019 at 7:59 pm
My 7 year old son’s father left 18 months ago. About 7 months ago he moved away (2hrs travel time) and has continued to see his son at weekends. Recently he got a new job closer to his new home which means seeing his son less, because of the travel time.
We both have PR as he’s on birth certificate.
I would now like to relocate with my son down south to be with a new partner and for us to be a “family”. My question is- what could my sons father do to potentially obstruct this and what are my rights as the mother and primary carer.
My sons father is not interested in the day to day runnings of things and for all intents and purposes has removed himself.
thank you for the help
KittyKat 24/11/2018 at 11:53 pm
I was with my ex for 10 years engaged for 5 years, we were very happy together then in 2011 r beautiful daughter arrived, wen she was 1 year old he decided to go back to work on the ship's, cut a long story short he was cheating on me for 6 months with a 26 year old Philippineo, he never told me until he went back to work in Dubai where they met each other, he told me via a txt message coz I decided to confront him after I had a funny feeling that something was wrong, it was my birthday in the May then he started making plans for us in the June to move and buy a mortgage together, whilst all the time he was planning on leaving us, he wouldn't pay the areas that was due on the house that r daughter grew up in, so we had to move out and here we've stayed ever since, I hate it here, he was paying child maintenance but then stopped it, then started to pay again, and now he's just stopped paying altogether so I couldn't stand it anymore I got the cma involved, but coz he's been flitting from job to job to avoid paying child maintenance, now my daughter is 7 years old he hasn't bothered with her all these years, he never even sent his own daughter a birthday card or nothing for her birthday, and I had to watch the hurt look on her face then tears rolled down her cheeks, which of course as her mum broke my heart to c her like that, and made me cry coz I could c wot he's doing to her, then tonight out of the blue he comes back to Liverpool which of course makes me so angry, I dnt want him messing with her head again, i want him to stay away for good, he thinks he can come back into her life wenever it suits him and start messing with her head again, wot can I do any advice is appreciated.
Bread 12/11/2018 at 2:19 pm
I split with my Ex early in 2017, we have 3 children under 13, we divorced late 2017, we had agreed 50/50 child care, she then told them to chose where they wanted to live and one chose to live with me two with her. We had been living in Surrey but in March 2018 she announced that she was moving to Northern Ireland and was expecting to take the children with her.
I got a PSO and she moved there in June without the children who have been living with me ever since. I applied for a CAO and it will be heard early in January. CAFCASS have seen all concerned and are suggesting that my eldest (13) goes to live with her and the younger two stay with me(11/9). My question is as she is not a reasonable person can I get the court to define who pays for visitation, she moved why should I have to pay anything surely she should cover all the costs of flying the children backwards & forwards for visits? She currently pays maintenance for all 3.
Neither of us earn that much as to afford regular visits.
Bea22 04/11/2018 at 6:01 pm
Hello, I'm confuse about my situation. Since my pregnancy the dad of my child hasn't been about, he have been missing in all of this. When my godmother asked me to leave her house, he didn't take the responsibility of us, so I went with council and I got a flat already. Now after 6 months when he did find out that the baby it doesn't goimg to have hes surname, he's offering me money just to hes surname be there.

I do honestly don't want nothing from him, I've been alone in this situation by myself. Now he want to be the dad that has been there.

My question is: Can I have the baby without hes surname ?would he have right towards him?

If I got to other country to have my baby, because I dont have support here, it would affect my house with council?can them take it away ?
Dadmk 21/10/2018 at 9:26 am
Hi me and my girlfriend really aren’t happy together, I love my 18 month old daughter more than anything but ever since she was born we just haven’t been getting on at all. I have tried to make the relationship work for the sake of my little girl but it is getting to the point now where being together is unbearable. I know the best thing to do is to go our separate ways but I am terrified she will make it as difficult as possible to see my daughter. How long will I have to be apart from my daughter if my girlfriend decides to make the separation messy?
Dolly1988 17/10/2018 at 3:49 pm
Two children. Age 8 & 6. Both settled and well adjusted with great local school and extra curricular activities. Happy. Content.

Cohabiting for 10 years. Relationship has broken down. Mediation agreed to settle residency, financial and property concerns. He cancelled pre-determined mediation date. He rearranged mediation date for a time when I couldn’t care for our children. His response “ask your friends to look after them”. While this is fine and well orrinarily it’s not feasible before half term. Now mediation arrangement for November and our relationship is deteriorating daily.

Issues, he ended relationship in August. Left family home after violent outburst and returned 2 weeks later. We are developing property. We are in debt. Neither of us have money to move out of the family home. He said categorically he cant do I’ve suggested I move into my parents. My parents live 4hrs drive away. He’s not communicating with me and keeps on saying we will discuss at mediation. This in principle is fine, but he cancelled mediation in October and I have little faith he will keep appointment in November.

Further, we have business together. 50% shareholders. He’s saying I have no rights to business. It’s my main source of income since 2012. He won’t give me child maintenance, or any support whatsoever. He controls all financial matters.

I want to leave to stay with my parents with our children. The advice I’ve been given is that it won’t look favourable in the Courts if I just take them.

I have looked into schools and I can get them moved and settled with another equally good school. He’s refusing to even discuss it.

We are now both arguing infornt of children. It’s a toxic environment. It’s awful.

Advise? What’s my legal position regards taking them without written consent.
Confused kitten 16/10/2018 at 11:26 am
Hi
I need some advice if anyone can help me.
Me and my current partner are going through a bit of a tough time and I have 2 children to someone else he has made remarks to my 5 year old stating he is going to slap my current partner and get some one to slap me. Over these last 2 year's he has said he will pick the kids up or just show up with attitude he rarely pays any child support for his children he will give me £6 a week for my daughter's dinner money for school he will send messaged to me calling my partner saying he is going to get people round my house to drag my partner out. When I was with him he was physically abusive towards me he is also ex army and suffers from ptsd and is still violent towards other women and has recently been in a fight with someone who has left his face a mess I don't want this around my kids however I don't want my children not seeing there dad. My son has a great relationship with however our daughter does not he only started seeing her when she was 15 months old and he was ment to take her for a few hours as he lives quite far away and I don't have transport however he kept her over night and refused to bring her home until the next day all if this is causing problems for me and my current partner please can anyone give me any advice
Laura 09/10/2018 at 7:49 pm
My husband is English. We didn't marry in the UK but, UK recognized the civil marriage in my country anyway. I've got 2.5 years visa (leave to enter). Our marriage is a disaster. We have a lots of problems, communication etc and my husband's drinking. I'm in my mid pregnancy. He already started to threaten me in many ways. Would it be better for me I give a birth to the baby in my country rather than UK in this case? If I give a birth in the UK he threatened me that he can take the child of me if he wants etc. Im scared too. About many things, that already happened and that can happen regards to baby especially when I have this visa issued on certain period. Would he be able to send me in my country after that and keep the child, finding a fake reason that I'm not m.sable etc. especially if child will be born in the UK?
Ud appreciate so so much your answer ASAP. Thank you
L.
Tink 05/10/2018 at 11:15 pm
Hi there I have just split from my partner & we have an almost 4 month old baby boy. Our baby was born prem & with a condition that left his left lung very small & weak. He is currently on oxygen & has regular hospital appointments. I am on maternity & do everything for the baby & lived at the hospital for near 8weeks with little support from my ex as he was “at work” & keeping things running at home. He came for an hour each night. never came to stay at hospital at the weekend even when he didn’t have his daughter. He was using my car for work so I had no means to get to or from the hospital if I’d have wished. I asked to get my car back numerous times but he said he didn’t have time to insure his van. My ex partner has only had his son for 6hours on his own since he was born whilst I had a break & went out with a friend, during this time he changed 1 nappy (that was back to front) leaving our baby wet through. I thought he would kindly do the night feeds that evening etc but awoke to hear our son crying & my ex had gone in the other room to sleep. When I’ve asked if he’ll help he says he works & im off so I should do it. My ex has a 7 yrs old daughter our sons half sister & he has her half the time & a court order is in place due to him & his ex wife’s relationship being so poor. He often said he wants our son half the time if we split & he’ll take me to court if I don’t agree. My partner smokes heavily & used to drink a bottle of scotch a night. The drinking has subsided somewhat but he does still drink a lot of scotch over the weekend.. We are not married but his name is on he birth certificate. The house we all lives in is mine in my name & I bought it before we met. He did contribute towards half of everything money wise. Our baby has s routine with me at home I wouldn’t stop him seeing his son but do not want him to have him half the time whilst he is so little on oxygen. I am concerned about my sons lungs & the oxygen as my partner has not stopped smoking. He should change his clothes & shower before touching him in the Drs request but doesn’t. I was a full timea police officer on maternity at the moment. I can discuss a flexible roster with work. My parents are retired & would help me greatly. There was an altercation between my parents & my ex whilst our son was in hospital due to them not liking the way he was treating me. My ex says my dad made a threat towards him & that they barged into the house. No kids or myself were present. He doesn’t want my parents minding our son without my supervision which upsets me greatly. They shouldn’t have come the house & the things shouldn’t have been said but they were very worried about me & adore there only grandson. They would love & care for him amazingly. My ex runs his own locksmiths full time I have helped look after his daughter do the school runs, even took days off leave to look after her in the past. He tells the court he can have his daughter no probs in front of his ex wife where the
Lisaj 02/10/2018 at 9:46 am
My baby is 4 months old. Me and my ex have had a nasty break up but I still allow him to see his son when ever he wants. He only has him 1 night a week by his choice. I decided to go to csa just so I didn't have to contact him for money for the baby as he's very abussive and gets really angry but now iv gone to csa iv receiving all sorts of abuse and he even threatened to end his own life. But he's now said he's taking me to court to get 50/50 custody just so he don't have to pay me anything. Where do I stand in all of this cause I didn't ever mind if he wanted 50/50 but he always said he's to busy and now he's really aggressive
LYM 02/10/2018 at 1:43 am
Hi. My ex partner is telling me he is going to seek legal advice to have access to our son. I just don't understand where his logic is coming from as i allow him to have his son on his days off from work Monday Tuesday and Wednesday day. It would be easier on my life if he had him on the weekends but i work around him as they are his only days off. He picked our son up from school yesterday and just because i wont allow my son to attend his aunties wedding ( there's a massive story behind this too) he brought my son back this evening and said he will go to court to get access to our son when he already has access? what will happen if he does take this to court can i request for him to have him on weekends instead? my ex has never lived with up he is 30 years old and lives with his parents and they cannot provide our son with a room to stay over so he ends up staying in his dads room.. do they have to provide a room for him if they want to continue to keep him over night?
SmileyMum 29/09/2018 at 5:31 pm
My ex (with joint PR) wants to take my children out of school to go to a music festival. I understand it's not the most significant issue compared to many on here but I don't agree with the principle of removing from school for that reason alone. Can I stop him? Or restrict the legality of it to him alone? I can't see why I should have to pay, or be liable, for any fine. Any views or advice would be appreciated
Glen 26/09/2018 at 12:05 am
Hi, I'm the father of 2 amazing boys 1 and 3 (turning 4 in five in 4 days) years old. My ex has stopped me from seeing them for 8 weeks now and won't even allow me to get a present to my oldest for his birthday. I believe she has malicious mother syndrome as she started making things hard for.me.as soon as we broke up and then things escalated when I got a new partner. She is also accusing me of robbery although actually she assaulted me and I have put counter allegations onto the police. However the police have dropped all bail conditions and actually stated that I should be allowed to see my children. Also social services are involved and they have actually stated that the children need to spend time with me as much as possible, as routinely as possible. She said outrightly no to this and will not even contemplate any mediation. I am.very worried about my children. Is there anything I can do?? I'm begging for help.
Mg010593 25/09/2018 at 9:00 am
My son is from a previous relationship and me and his mother have not had the best of relationships since splitting up nearly 5 years ago. It's been ups and downs as she has always tried to make it very difficult for me to see him.

In the few months before the school summer holidays I noticed that his attendance had dropped into the 80% region. These Days off are usually Mondays and Tuesdays and come accross as a coincidence as they are his mum's days off work . She is always out at the pub sometimes with my son but 95% of the time without him and clubbing with friends leaving my son with his Grandad . This happens almost every weekend that she has him when I do believe she should be spending quality time with him .

The other day I bumped into an old friend for her to tell me that the constant partying and going to pub has meant that the people she is associating with has lead her into drugs as she was caught in the toilets of a pub taking Cocaine and was banned from the pub for one month. This all happened nearly a year ago and have only just found this out from an old friend. Obviously I have no proof that she is still using Cocaine just what I am still being told by people. I am very angry at the fact that drugs have been used whilst she is supposed to be looking after our son. I do believe that he would get the structure he needs and the safe environment with myself his step mum and his baby brother.

I am writing to you for advice in what to do next as I'm angry and upset about the partying and the drugs and how her lifestyle is affecting my sin and the low school attendance. He has only been back a week and has already had two days off. Please help what I can do next....
skins 20/09/2018 at 8:39 pm
my ex partner asked me to take the kids on Sat and she knew I had to work for just a few hours on Sat evening and was ok about my niece watching them she is an adult by the way but now my niece can't do it but my nephew who is also and adult said he would do it. it was only for 3 and a half hours. now that she knows the nephew is doing it she's now refusing to bring the children to me on Saturday as it was an overnight stay. can I go to her grandparents house and remove the children to come with me or even get the police to intervene when I arrive to the grand parents as the arrangement is still the same and put in place as I have to work that nite as another person is away. can I still collect my children
ChildSupportLaws Editor 18/09/2018 at 3:31 pm
It is unlikely that a court would allow your ex overnight access if he has a record of domestic abuse. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
Loopy 18/09/2018 at 2:59 pm
I’m 12 weeks pregnant with my ex. He has record of domestic abuse with myself on his record. He is saying he wants overnight access straight away when the baby is born. What are my rights on this? I want him to see the baby but not comfortable with overnight access straight away.

Please help
Mrsmlgreen 15/09/2018 at 10:32 am
I have a 3 year old daughter, her father is in the army but I found out he has been having an affair with my friend. Only I don’t mind him having contact with my daughter but I do not want her near her. She smokes around her own children therefore I don’t think she would give a second thought about smoking next to my daughter. This might be the norm for her but for me it’s not it’s my daughters health I’m thinking about. Is there a way I can stop him taking my daughter round his new girlfriends house.
ChildSupportLaws Editor 10/09/2018 at 11:58 am
Much depends upon what the court order specifies. If it specifies that your partner has to pick his child up, then his ex can be pedantic choose to only pass the child to the person named on the court order. However, likewise if your partner's ex refuses to allow you to take the child (for whatever reason), she is still in breach of the order. In which case, your partner would have to refer the matter back to court, where a court will decide whether you are allowed to pick up the child or not. You may wish to suggest that your partner asks a solicitor to send a letter reminding his ex of the terms of the order, or suggest mediation before he refers the matter back to court. Court enforcement should only be used as a final resort, as this will be added expense, and will generally only serve to increase tensions between the parties.
Stepum 09/09/2018 at 5:35 pm
Hi, can anyone offer me an answer to this
..my partner has parental responsibility rights and he has a court order which states he can pick his son up early afternoon every Friday due to work commitments he cannot sometimes make that time so he asks me to collect his son which is a two hour drive away. The ex is refusing to let me take him back to the fathers even though the father has given me full permission on his court times I’ve also been in the sons life for 5 years and up till now always collected h with no problems. Can she stop this or does the court order and the fathers permission allow me to collect him?
Andy 05/09/2018 at 11:17 pm
Hi I have a 4 year old daughter and have been split up from the mother for a couple of years now we have both moved on to new relationships and I am now engaged to my now partner. My fiancée has treat my daughter as her own and my daughter absolutely adores her but now my ex is trying to stop my fiancée from seeing my daughter which I feel is unfair considering my daughter lives with her mother and her partner. I have parental rights as I am on the birth certificate and was wanting to know where I stand on this legally as I feel she shouldn’t be able to do this ?
Sooty 27/08/2018 at 11:42 am
Hi my ex is move in with his new girlfriend and she has kids he now say the Child maintenance that he give me will now go down is this True
Skeats 26/08/2018 at 9:36 pm
Hi I’ve been divorced for 3 years now and I have been separated for 5. I have a consent order from the court back in 2016 saying my daughter lives with me she is 8. My ex is constantly sending me emails telling me off about how I am bringing her up the latest being she’s being bullied in school she isn’t I have had loads of investigations done and also that I dyed her hair albeit with lemon juice and honey and that I have been irresponsible etc. There is a long history of him being nasty to me he doesn’t see his son very often and that’s why there was a court case in the beginning as he treated him badly and my son started to self harm I think he’s going to try and take her away from me as his emails are just aggressive in tone what can I do is it worth going back to a solicitor or do I have to contact him with every decision made. I don’t physically see him as he frightens me so everything is done by email but that was supposed to be for contact dates not him telling me off all the time any help would be greatly appreciated as I’m at my wits end again with his behaviour
Babbymom 22/08/2018 at 4:26 pm
Hi. My ex and I have split, we have a 10month old dd. I found out that he has been cheating and it was with someone that is not stable. She lost a child of her own so understandably she is emotional about this. But she very often goes of the rails and drink. I also believe she does recreational drugs. On top of this is highly medicated for depression. I have told my ex he can see our daughter but I don't want her anywhere near her. Can I get a court order for this?
K 21/08/2018 at 6:34 pm
Hello, I am looking to see if anyone can give me some information. I had a short relationship with my now 6 month old baby’s mum, since the baby was born I travel 1 hour to visit. The mother has always been a little awkward and now it’s gettjnv worse, she says I can have the baby for one day per week and recently let me have an over night stay, every other weekend. However she has now decided against it. What are my rights to have my child at 6 months old? 1 night over night and maybe once or twice for a few hours in the week? I pay maintainace and provide for my child. I have done nothing but try with the mother since pregnancy. Please someone help me
Bex 19/08/2018 at 12:57 pm
Hi. I am a single mother of 2 boyes ages 3 and 5...their father has PR as he is on the birth certificate. In june he agreed to have the kids for a week. At the end of that week he refused to give them back. I seeked advice from cab and a solicitor but decided to try and work it out between me and the father in the hopes it wouldnt habe to go as far as court. I have been seeing my boys for a couple of hours a week and trying for more. Last weekend i tried to take my boys in a taxi home and my ex headbutted me in front of them and broke my nose. He still has my kids. Police and social services are involved but arent seeming much help? It is the second time on record he has assaulted me in front of our childre. My children havent seen me since the incident and i dont know how they are or anything. Social services said they seemed okay when the police went round there but how can some one who doesnt know my kids know their emotional state? I am looking k to the child arrangement order but is there anything i can do that will be quicker as i am very concern about the well being of my children i have expressed this to social services but they didny say much. Any helo would be appreciated thankyou
ChildSupportLaws Editor 17/08/2018 at 11:11 am
I am sorry to hear this. You would have to go through the process laid out in whichwith mediation being the first option to suggest to your ex, as a way of trying to resolve the situation outside court.
ChildSupportLaws Editor 17/08/2018 at 10:35 am
whichwill tell you all you need to know regarding your options.
dog 16/08/2018 at 10:42 pm
my ex isn't letting me spend time with my 10year old daughter who is also saying she does not want to see me which is likely to be influenced. is my daughter old enough to make that decision or is it a case of as she is under a certain age she has to see her Dad? Also is it illegal for my ex to not let me see or speak to my daughter
Leigh 16/08/2018 at 8:04 pm
Hello, I'm the father of my nearly to be two year old son and I am on the birth certificate. Me and his month split about 9-10 months ago and I moved out of our house about 7-8 months ago as it was a bad situation me still being there ( we tried to keep it for our son but dident work). Since I have moved out I have had my son every Saturday so his mum can work and seen him or had him I'd say atleast 5 nights a week and alot of Sundays (over half of the Sundays since I've moved out) more if i had it my way. I have moved in with family and only just managed to get in to my own place where I will be able to have my child overnight. And would like to make it so I can have him over night at least friday, Saturday and Sunday night and some evenings in the week wile I'm not working but his mother is point blank refusing. Where do I stand with this ? I think personally it's money as I would've t have to pay her if I have him and this is the reason (could be wrong this as she does love him and does seem to be interested in his best interests which is obviously a matter of opinion). She also says iv not had him over night for 7 months so it's unfair on him and he needs one home even think have many of times got him down to sleep and do so easier than she does. If this went to court and unfortunately I think it will (will try all other options for it not to but she is very stubborn) will I lose based on anything I have said as I believe it's unfair more on our son not being able to have the same time with me as his mother.
Sye 16/08/2018 at 6:16 pm
I cannot believe what I have just read. All based on the mother when it is the fathers that are the ones who are ripped from their children lives disgusting. Why don’t you just write how it is and what solicitors tell mothers during divorce. The less time a father gets his child the more money you get and you can break a child arrnagem by order and the courts do nothing.
ChildSupportLaws Editor 14/08/2018 at 2:52 pm
I am sorry to hear this. Hopefully, the situation has blown over by now and the father has returned the children. If not, if your children's father has Parental Responsibility (registered on the birth certificate) of the children the police cannot help, even if the children do not normally live with them. However, if the parent does not have Parental Responsibility, the police will be able to intervene and return your children to you. If both parents have Parental Responsibility then the police cannot intervene to take the child off one parent and give them to the other; the police cannot choose between parents, that is the remit of the courts. Whilst the police cannot take a child away from a parent with Parental Responsibility, they are able to intervene and remove a child/children if there is a real risk to life. If you are concerned about a real and immediate threat to your child's safety, speak to your local police force and social services. You have done right in applying for a child arrangement order and hopefully their father will see he has made a mistake and return the children to you. I hope it turns around before the matter gets to court.
ChildSupportLaws Editor 14/08/2018 at 2:16 pm
There is no right or wrong answer here, both parents have valid points. Your partner's ex obviously wants him to take equal responsibility for the care of their child. The question then is why should it always fall to the mother to accept responsibility and have to be accommodating? Likewise, your partner is looking for a degree of flexibility where childcare is concerned. However, if they cannot agree between them then the only solution is mediation or court. The link here will explain further.
Tm 13/08/2018 at 9:24 pm
Hi, my new partner has a son who he has every Friday, sat and Sunday. He has told the mum he can’t have him Sunday nights now due to work and living too far to take him to a nursery near her but she is refusing. Even tho she does not work on a Sunday and could easily have him. She claims all the benefits for him but still says that my partner has to sort out an alternative arrangement. He has even offered to bring him to her on a Sunday and put him to bed so she would only need to get up with him and take him to childcare but she said only if he gives her more money. What rights does he have? Can he just take him anyway and drop him off?
ChildSupportLaws Editor 13/08/2018 at 10:27 am
You can apply for child maintenance either to your father directly or via CMS directly, If your child's father is claiming benefits, then he would be expected to pay the flat rate of £7 per week. He can either pay this to you directly as a family-based arrangement, or if you claim through CMS where there will be a charge.
Amy 11/08/2018 at 5:35 pm
Hello,
I am seeking advice regarding my ex the father to our son who is 6. We are both on benefits and he has never offered or contributed anything towards my towards my son( who lives with me). Can I apply Child Maintenance.
ChildSupportLaws Editor 09/08/2018 at 2:21 pm
There are no rules either way. However, if you do, your ex may wish to take the matter to court. Unless there is a good reason why you feel you should stop access (not because you don't like them or don't get on with them), then the court may choose not to rule in your favour. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
Fairy 08/08/2018 at 5:51 pm
Quick question can I stop my ex partner mum and dad and brothers sisters from seeing my son?
Ellie 06/08/2018 at 3:56 pm
My ex husband has our children three nights a week and every third full weekend.
Presently he is acting really badly and I caught my children walking home alone (age 7&10). I stopped and asked them where they were going they said home because daddy is working. When I asked him about it he just had a go and swore at me. Then told my daughter off for telling me things. The children say he is always saying nasty things about me and they were sat in the car for two hours the other day whilst he made phone calls, and on more than one occasion have been sat in the back of a chip shop while he works.
He was emotionally abusive to me during our marriage and I’m worried for my children now - my daughter has told her grandparents she hates going as he questions her all the time.
I don’t know what to do I can’t afford a solicitors as I’m already paying off his bill for he divorce, as he chose not to even though he signed to say he would but the solicitor is not pursuing me.
ChildSupportLaws Editor 06/08/2018 at 2:58 pm
If arrangements cannot be agreed between you when your child is born, then mediation is an option to consider. If you refuse access, then your husband would have the option to apply to court, As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. It is impossible to predict what a court may decide.
ChildSupportLaws Editor 06/08/2018 at 11:24 am
There are no fixed rules on this sort of arrangement. The link here outlines your options. If you cannot agree via mediation then court is the next option. A court would only prevent your ex from introducing your children to another person if there is a very good reason why he shouldn't. If your ex has parental responsibility of your children, he is deemed responsible to make his own decisions on who the children should be introduced to. Likewise, if you were to meet someone new, would you ask his permission? Hopefully, you will be able to agree amicably what you both think is in the best interests of your children. But given you are separated and autonomous individuals, there is not much you can do to legally enforce your wishes. As in all cases, the court’s main concern is the welfare of the children in question. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order.
ChildSupportLaws Editor 06/08/2018 at 9:49 am
Mediation or court are your only solutions, if your ex will not agree to meeting you half way, Alternatively, if you’re the parent paying maintenance under the 2012 Child Maintenance Scheme and you have certain expenses, you may be able to ask the Child Maintenance Service (CMS) to adjust the amount of maintenance you should pay
Alice86 05/08/2018 at 7:21 pm
I’m currently 7.5 months pregnant and my husband has today admitted to adultery in writing. He has be verbally abusive in front of witnesses, stated he has no interest in the child, no respect for me carrying the child. He also has a gambling addition and a problem with alcohol. Where do I stand on this, I want to raise my child without him as he’s too selfish to have the best interests of the child, which he has verbally admitted. I know he has PR to a point but when does it become not a safe option? Thanks
Alison 05/08/2018 at 12:08 pm
My partner and I separated shortly after the birth of our second child the facts around this are still quite hazy and I believe he was having an affair, the woman who he is involved with (whom I believe he was having the affair with) is now proposed to be introduced to my children, C 8 years and G 11 months, he has them every other weekend I do t feel it appropriate for them to spend a full weekend including h sleepovers with someone they have never met and aren’t aware of. I have proposed they go out for tea on the Friday, and are returned to me after then collected for the day the following g day and again returned to me after? Do I have any legal rights to enforce this? As my husband is refusing Nd just sTing their his kids he will do as he wants, I don’t think he’s taking their feelings into consideration at all
Simon 05/08/2018 at 10:07 am
My ex wife moved away from me approximately 2 years ago. It's a distance that would take me a minimum of a 8 hours or 460mile round trip. She promised when she moved away that she would meet me half way due to the distance, but THIS wasn't done through the courts. As of late she is now moving the goal posts "stating if you want to see your daughter then you must get her". I know we both share parental responsibility but surely this can't all be on me and not fair as she is clearly going back on her word and controlling the issue if I see my daughter or not. I have always paid maintenance using the direct gov maintenance calculator and tried to keep things in order.
ChildSupportLaws Editor 23/07/2018 at 11:20 am
Mediation is the middle ground where parents can sort their issues out, if they have any. If particular issues continue, then court is the last resport. The courts do take everything into consideration and will decide everything accordingly.
Kim45 21/07/2018 at 8:52 pm
I'm an adult and I'm one of the kids who saw her father for a few hours on a Saturday afternoon. Well to be precise I was picked up and taken to my nan's where I sat in the parlour (nan's words) whilst my father watched Saturday sports. I don't have a good relationship with him and honestly wished I hadn't had to go. I know of several other people who were in the same situation and feel the same. Not all fathers deserve parental rights. My mum taught me all I needed to know. To be independent, make a meal out of nothing, decorate everything I need. Really all my father ever did was donate some DNA. Now don't get me wrong some dad's are amazing but some really aren't good for the child. I think it's about time courts looked at everything and if the dad is awful then leave the poor kid alone.
Pinkie13 16/07/2018 at 8:51 pm
Hi, me & my daughters dad split up 18 months ago we both have new partners & me & my new partner are in the very early stages of buying a house together I have spoken with my ex about this & he has demanded that he meets my partner before the move as they have never met & my ex is threatening to not allow my daughter to move until he has met my partner but my partner is adamant he doesn't want to meet him as my ex isn't a very nice person & isn't a great dad. Can I please just state we are planning on moving 5 minutes away from where me & my daughter currently live & that my ex has our daughter every other weekend & during some school holidays & I'm in no way trying to stop him from seeing my daughter. But he has never paid maintenance, doesn't contribute towards child care, uniforms, school trips, birthday parties ect, he has never attended anything at my daughters school patents evenings, sports days, open days ect, he refuses to look after during term time through the week or help to look after her if she's poorly ect for the first 12 months we were separated he didn't take any time off during the school holidays to have her or help with child care while her child minder was off, on his weekends to have he has on numerous occasions cancelled at the last minute when I've had prebooked & paid for things planned & has refused to compensate me. He shouts & swears at me infront of our daughter & shouted at me infront of neighbours & our daughter that I'm a c**t & told me if I was a man he would knock me out these are just some of the reasons my partner doesn't like him & doesn't want to meet him, can my ex stop me from my daughter living with me & my partner & does my partner have to meet him. He will still see his daughter every other weekend & my partner isn't trying to replace him as her dad in anyway he also works for the government & is fully DBS checked.
Mavis 13/07/2018 at 5:43 pm
Hi,
My partner and I have a 2 year old boy, My partner is serving time for Child Grooming,and has a court order not to be alone with anyone under the age of 18. He will be released in 6 months time.
I have left my partner under going counselling and do not want to see him again can I get a court order giving me sole Parental Rights.
ChildSupportLaws Editor 12/07/2018 at 12:11 pm
If the father has stopped you from seeing your daughter as the court order has finished, you would have to refer the matter back to court to have the order reinstated until your daughter is 18.
Kelly 10/07/2018 at 6:03 pm
I have been superheated from my daughters father for 10 years, 5 years ago he took me to court for residency of our daughter and won, he also obtained an order stating that I was not to have any ki d of Co tact with our daughter until she turned 16,to stop the court case I agreed to this as is said to be my daughters wishes. My daughter and I began contacting each other again when she turned 16 (she was the one to instigate contact)she will be 17 in September, we have planned to meet up several times and each time her father has stopped it happening. My ex partner moved last year without telling me and has kept their new address a secret from me, I found out what it was by myself, as he only had a residency order he was still supposed to tell me when and where they moved but he didn't inform me of either. My daughter had her Prom recently and I sent her some jewellery to wear as I wouldn't be able to see her on the night, because I now know where they are living my ex partner has now began to treat my daughter as if she did something wrong and is making her life a misery. My daughter has asked to stay with me for 2 weeks as it is the summer holidays, he father is refusing to allow it to happen. Now the court order has finished can he stop her seeing me if she wants to?
ChildSupportLaws Editor 09/07/2018 at 10:13 am
Regardless of your other court case, you would have to apply for a child arrangement order if you cannot solve the issue via mediation
Maundy 08/07/2018 at 11:42 am
I've been divorced a long time and my severely disabled son lives with his dad recently his partner assaulted my daughter unprovoked awaiting to go to court. He has refused me to see my son as I requested she not be there and I don't want her around my son he is vulnerable and she is violent. I want my son with me so I can care for him properly were do I stand on this
ChildSupportLaws Editor 06/07/2018 at 11:07 am
It is never excusable to be verbally abusive. However, whether your ex is being verbally abusive because he is frustrated and feels he wishes to be involved in his child's life and cannot articulate another way, or he is generally aggressive by nature. As a parent, it is understandable that a parent wishes to have a relationship with their child and when a parent feels pushed out it can lead to confrontation. You can see more via whichwhich will tell you all you need to know.
Reba76 06/07/2018 at 10:16 am
The father of my child and I were not married but he is on the birth certificate. After he visits him especially when his family ie Mum/Aunts are involved screams when he comes back that he does not like me and does not want to stay with me which is very upsetting. He says he can take him where he likes and for the first time he is taking him away for a week. Have I the right to know where he is taking my son during this week? I am dreading him coming back as I know after a week in contact with his family it will take me ages settling him again. Anything I can do about this?
Breakingpoint 05/07/2018 at 10:33 am
Hi, after advice. Me and my ex have a 4mth old. Things broke down during pregnancy although done what I could for him to remain involved in the process as wanted to be an active part in her life. At times of medical appts he was verbally abusive in the waiting rooms to the point where
I stopped inviting him but kept him updated. He attended the birth but due to having to stay in hosp for a few days he created a scene arguing with me and becoming verbally abusive and offensive on the ward, although tactfully not around staff, to which i told him to leave. On discharge I still gave him the benefit of the doubt to have a relationship with his child, allowing him into my home whenever he pleaded, but again became too comfortable and verbally aggressive around the baby, to which i stopped. I resorted to meeting him in public and communicating through text, which has lasted 2weeks for him to continue to be abusive towards me. I have now put a stop to this as have tried everything i can. His mood and attitude towards me concerns me when our child is in his care. He refuse to listwn to simple instructions of last feeds etc. He has her about 3-6hrs a week on his terms and pays minimal maintenance. I am not allowing this environment around our child and informed him contact is stopping until he goes down mediation route, as shows more of a commitment to arguing and creating an issue with me than actually seeing his child. We both have PR due to being on the birth certificate. Am I being reasonable? Will our child hate me for this? I've tried what I can for him to build a relationship with his child although he creates an awful atmosphere during pick ups and drop offs. I'm at a loss, as have our childs best interest at heart, wanting a comfortable environment for her, but its proofing impossible? Any advice would help
Kitty 03/07/2018 at 6:41 pm
My ex and I have had a turbulent relationship in which he was at times violent to me, I only went to the police once 12 years ago and never have since.i always blamed myself and pushed it to one side as he was always good to the children. We agreed that he could have the kids once a week and every third weekend but the hand overs have become more drought he turns up late and if the girls are missing anything or not out the door quick enough or I ask why he’s late he’s started becoming aggressive and shouting and swearing at me in front of the girls. Can I stop visitation? Until mediation or is there a way for me to go to court without mediation. The kids are young enough that they worship him and I don’t want to stop him seeing them but I don’t want him acting like that in front of them or for me to have to feel that way anymore.
ChildSupportLaws Editor 03/07/2018 at 1:55 pm
Your ex would not be able to take you to court, unless mediation had been attempted first.
Lauran 03/07/2018 at 12:07 am
Hi, me and my ex have split up we have a 6 month old and I the mother hold full parental responsibility as he is not on the birth certificate. We broke up due to domestic abuse from his mother while I was living there so I moved out and took my son. Me and ex are not on terms but we arranged that he would take him 4 days a week. That is currently not good enough and he keeps dropping by to pick him up on days I have him. We keep arguing over it and he wants to take to court What can I do?
ChildSupportLaws Editor 29/06/2018 at 2:53 pm
We cannot advise you whether to stop access or allow access to continue. However, mediation may be something for you to consider as a way of attempting to resolve the situation between you and if your ex slips with any agreement, then it would be up to him to apply to take the matter to court. As far as child maintenance is concerned, by law your ex (if he is earning) has to pay regardless of whether he sees his child or not. Child maintenance and child access have no bearing on each other.
Clare 28/06/2018 at 11:11 pm
Sorry left out some details by mistake, my son is 6 and we have never been formally introduced to the new fiance, I have tried to discuss her role but he avoids talking about it. None of his family call to ask about him, see him or talk to him.
Clare 28/06/2018 at 11:05 pm
Hi, I wonder if you could give us some advice. My ex partner and I separated in 2013. He was very bad with paying maintenance 20 pounds here and there sometimes months before any money. He saw him one day most weekends until 2015 when he and his whole family moved 200 miles away. I didn't put up a fight but we spoke and he promised he would make it work and would visit regularly. The visits and money has tapered off over time and corresponding with his new relationship. So this year, 3 visits (2 days each time) and he's sent exactly 85 pounds so far. His family have not seen my son this year. It has been 80 days since he last saw him and 76 days since he spoke with him on the phone. We do soeak now and again over text but he tends to ignore me. He got a new job 3 weeks ago and promised to start paying regularly which he has for the last 2 weeks, he won't say when he'll see him next, often I'll have to take him to him. We have been discussing divorce recently (mainly because he wants to get remarried asap). I'm not sure what to do from here, he has zero input as a parent and is not consistent in any way. I feel as if I'm at breaking point and he is one broken promise away from me cutting him out, although I know he has RP. He will fight at first but will give up (I know him). My son does not talk about him anymore, I think this way will save him alot of emotional distress. What can you advise us? Thank you.
ChildSupportLaws Editor 28/06/2018 at 2:51 pm
There are no right or wrongs in such disagreements. In order to try to resolve your issues, mediation is the next option if you cannot agree between you both.
Lostintransit 28/06/2018 at 12:44 am
Could you tell me if I'm wrong but, my ex and I have been seperated for 15 months and he has been a good father. He met someone in December and began to let me down with contact here and there. He then met someone new within that month and by March he had introduced her to our daughter (she 4 in oct) against his request to wait a year. My daughter's nursery quickly picked up on some behaveiour changes which we have been keeping an eye on. They began spending quite a lot of time together and my daughter was forming a bond with her but, at her request, all communication between him and I stopped. Agreed contact was being moved round or he just wasn't turning up. In April, there was an incident with them while on holiday in India that cause them to break up. (Apparently because I said "hello" during a video call to our daughter on my phone) He told me last month that they had split up and that she was after me, not to accept any friend requests on social media and to send him screenshots if she did try to befriend me. She did under an alias and I sent it to him. He told me that she had requested that he walk away from my daughter untill she's 16. I expressed that I didn't trust her around my daughter now and didn't want them having contact. He agreed but, within a few days were back together and on his next contact assured me that they would have no contact but, then spent the day together. I have asked to meet his partner but, have been refused and don't even know her name. When I suggested mediation or a solicitor to set down ground rules, he said he would just walk away and have no contact at all. So, a week ago I decided to stop contact but, suggested he could visit her at my house until it is resolved and I would stay out of the way. He arrived at my house on day of usual contact, got angry in front of our daughter and threatened to take her as there was nothing I could do. It isn't the first time. The last few days have been intense. I have tried to discuss our daughters emotional well being but, he is only interested in contact alone with her. I have spoke to social services as her nursery have told me that he is within his rights to take her from nursery without my consent. They agree. He came round to see her this evening and I left them to have time together, he then called me to thank me but, then became aggressive again saying he was going to walk away unless I establish their contact alone again. I've been told to seek a residency order but, am I wrong to deny contact alone while I apply? I have offered him contact at his sister's house but, they are asking me to allow him to collect our daughter to do that. What should I do? Is this a case that would grant legal aid? I understand that his relashionships are his business but, he has informed me that they're moving in together so potentially, our daughter will spend a lot of time with them. Am I being unreasonable in wanting to at least know her name and where my daughter mig
ChildSupportLaws Editor 26/06/2018 at 2:00 pm
You do not have to agree to this. Once you do, you will lose child benefit and tax credits and also currently (if child benefit is registered in your name) you are considered the primary carer. Just because your ex is the mother, it does not mean she has more rights. If you are the primary carer and have the children more, then if the worst came to the worst and the matter went to court you would have a better chance of gaining residency of your kids. Once you register the children in your ex's name, you won't. You don't say why your ex wishes the kids to be registered in her name as the primary carer, but it may be worth seeking legal advice in order to explore your options. Currently, your options are listed via which
BATMAN 25/06/2018 at 8:16 pm
I could use some advice.

I have been seperated for over two years. Me and my ex agreed to joint custody which with us both working shifts was tough but we managed.

Approximately 8 months ago she got a new job working 9 to 5 which meant the kids now spend more time her its less disruptive and we dont have to rely on family as much. I made it clear im also trying to find a job with similar workjng hours so we can get back to 50/50.

The children have always been registered as living with me in the family home and as im still single and earn less i can claim tax credits which i half with her.

She now wants the children registered as living with her. This would also mean we would lose tax credits as she has a nee partner and they dont qualify.

She did try and change the our sons choice of new school a few months ago...something we had always agreed on.

Where do i stand? Can she just simply register them as living with her.

I still have them every other weekend. Monday to friday. Every third week i pick them up from school and drop them off in the evening all week. School holidays i take time off and other odd days shifts allowing.

Financially im struggling. If i lose the tax credits as well im not sure how i will cope apart from doing loads of overtime which in turn means less time with the kids.

Too many sleepless nights over this. Please help
ChildSupportLaws Editor 25/06/2018 at 11:53 am
Before your child's other parent can take the matter further, i.e to court, you would both have to agree to mediation (if you cannot agree a resolution between you). The link here will tell you all you need to know about the process.
Suzanne 24/06/2018 at 12:58 pm
Hi me and my ex have split 3 years know we have a child together he sees once a week I have two other children I have been depressed and struggling so my oldest son been helping me take my son to school so as this is happend my ex want to take my son away from me to live with him instead of me can this happen I have been doing everything for them and don't get treated badly or anything just been struggling with school runs
Lau 24/06/2018 at 10:31 am
Me and my partner broke up a year ago and have never had an issue with sharing contact of our daughter. But recently his shifts started to change at work and he started finishing at different times each day. Which sometimes I meant I couldn’t work as he wasn’t finishing till after I needed to start. I decided to find a child minder so she had some stablitly. Which he agreed to as he couldn’t alwsys be back in time. Our daughter still goes to her dads every other weekend from the Friday night to the Sunday evening. He’s now telling me he’s been to see a solicitor as I’m not giving him enough rights to our daughter? What can I do? I have kept all the messages to him agreeing to me sending her to a childminder instead? I really don’t want to fight with him?
Em 23/06/2018 at 4:00 pm
Hi,
I have been divorced for 4 years. I have 2 sons, 8 and 5.
My 8 year old does not want to see his dad. I have tried to encourage him to go and I buy them toys or give them money to take with them. He has felt this way from the beginning but I know his father has a legal right to see his son.
What age can my son refuse to see his father?
Thank you
ChildSupportLaws Editor 15/06/2018 at 2:39 pm
There are no rules or regulations here, so if you cannot agree between you mediation is where a third party can help you come to some sort of agreement.
ChildSupportLaws Editor 15/06/2018 at 11:34 am
I am very sorry to hear this. If you have parental repsonsibility, then in theory you have equal rights to see your son. Your ex cannot refuse you access to see your son unless there is an injunction in place. Your only recourse is to try to negotiate between you and your ex keeping your child's welfare upmost in mind. Perhaps you could request to visit when your ex is not there. You may also wish to speak to the ward manager and see whether the hospital has any policy in place. Trying to encourage your ex to put your child's needs may help under these trying circumstances, as at age 14 his viewpoint will also count. A bit of flexiblity is needed from both sides here. I hope all works out well for your son.
HB 14/06/2018 at 7:40 pm
I need some advice please. Ive been split from my ex for over 2 years. He met someone else 3 months after we split, then introduced our children to his new girlfriend without telling me 2 months after they got together. I was very angry at the time but now have no problem in my children spending time with his girlfriend because he gave me no choice and there’s nothing I can do about it, so I let it happen. He wants me to let his girlfriend be in the car when he picks and drops the kids off and wants her to come to sports day etc. I don’t want to meet her or see her or be anywhere near her because they hurt me and done some awful things to upset me. Do I have a right in saying to my ex that he keeps his girlfriend away from me and that the pick ups and drops off with our children should be between him and me only? I have told him that I will stay my end, he keeps his girlfriend his end and him and me meet in the middle for the children’s sake. Am I being fair? Is there proof I can show him that when it comes to the children, this is between me and him and not his girlfriend?? Thank you
ChildSupportLaws Editor 14/06/2018 at 3:38 pm
If your ex stops you from seeing your daughter, then you would have to suggest mediation as a way of trying to resolve the issue or take the matter to court, Much depends upon the situation with your stepson and whether he is under the illusion that you are his father, which can be a sensitive issue. Therefore, it is difficult to anticipate what a court may decide.
Stevemb 13/06/2018 at 10:40 pm
Hi My wife left me a while ago and things have been civil and I have one child with her and I raised her child as if he was my own and after we split I continued to see them regular 3 times per week.
However my step son has been having lots of problems being with my girlfriend children and there has been name calling and some hitting and lying and my girlfriends childs pet fish was taken out of the tank and left in middle of lounge next to my son which he says he never done.
I have spoken to my ex and she doesn’t see any issue but obviously I’m having problems taking him to hers and we were discussing moving in together but there have been so many issues she doesn’t want him around I’ve spoke to ex and she says she won’t let me have my daughter if I don’t take my step son!
Does she have the right to do so???
What can I do???
Yorkiebar 12/06/2018 at 1:02 pm
Hi,

I split from my partner over 8 years ago and we have a 14 year old son together. Unfortunately he has developed cancer and is in hospital at the moment. My ex has been making it extremely difficult when visiting my son and wont allow me my own time within the ward with my son. She literally sat there and ignored me for the 1 hour visit she allowed. He goes in for chemotherapy on Thursday and I was wanting to visit him but she has said not to come as he will be tired. Can I legally request private time with my son in hospital? I have parental custody!
ChildSupportLaws Editor 12/06/2018 at 10:20 am
You can see more regarding this whichwhich should help answer your question.
HEVVA 11/06/2018 at 4:44 pm
My son is 11. I left his father when he was 18 months old due to Domestic Violence. Since then he has seen his son about 4 times. Twice in 2009, once in 2017 (refused to see him again as we had Social Services involved due to my childs behaviour) and once again in 2017 just before Christmas and then went off grid again. My son asked my partner of 2.5 years to adopt him. What rights do we have? I was married to my sons father and he does have PR. We have asked him to give permission for the Adoption and he has refused . He is more interested in "having one over" on me, than the interests of child. My son is a "thing"... he doesn't care about my sons feelings and really believes that I am keeping my son away from him.....(my son is at the point now where he knows his father cant be bothered!) He has 6 children in total and only sees the 9 month old he is living with.
We are still going to apply to the courts under child welfare.... but I want to know how likely the courts are to grant the Adoption?

It seams ludicrous to me that a man that has never sent a birthday or Christmas card to "his much loved son", has never paid for any upkeep or even taken him to the park should have PR and the entitlement to make decisions on a child's behalf.

My son has written a letter to the courts and we have al the proof about me asking for contact and him refusing ect.

I am worried about how much it will cost too!
ChildSupportLaws Editor 11/06/2018 at 10:01 am
Yes, your ex has every right to take you to court. You have little right to say who your ex introduces to your kids, unless you can prove your children may be in danger from this other person. You can read more about child arrangement orders via which
Rogue 10/06/2018 at 12:15 pm
When our youngest child was 4 months old my partner left us, we were staying in a YMCA at the time and he came home from work late before driving me and my daughter 3 hours and dumping us on my mother's doorstep in the middle of the night. He didn't see or support his kids for at least 6 months after that while he sent himself up. I let him see them every Sunday because it's all he can do and have recently started letting him take them out. I have no issue with him seeing them alone but he wants to take his new partner who is the reason he left. He was very emotionally and occasionally physically abusive in the 6 years we were together and would spend £60 a week on weed. He keeps threatening to take me to court about this but I don't think I have an obligation to let my children spend time with anyone other than their father and he refuses to understand how I feel about this. He never spent any time with our children when he lived with them and wouldn't let me buy them clothes unless I begged and then i had to listen to hours of abuse. Ever since he took our 4 and 6 year old to his house without permission my four year old has really been acting out and he refuses to accept this might have had an emotional impact on him. Would he be in his rights to take me to court.
Peg Editor 05/06/2018 at 2:16 pm
@Bex - can't you go through CMS? That way you will get the money directly and you don't have to go through your ex :(
Bex 29/05/2018 at 4:41 pm
Hi. My ex and I were on and off for the whole 5 years of my sons life experiencing allsorts of problems because he has had gambling and drug problems and a phase of physical abuse. For the past 3 years I have been living alone with my child, and he has supposed to have been putting £270 a month into my bank account on the 1st of each month but has never set up a proper payment plan for this despite us coming to blows over it pretty much every single month as he will usually not have it in on time, bills go out and i end up with bank charges etc. Sometimes it has been well into the 2nd week of the month that he has decided to give me the money which causes a whole host of problems since i do not work and rely on that money to get us through. Then, if i do something he doesnt like or if i argue with him, he will give me 10 pounds here and 20 pounds there. It has become so bad the past few months i have ended up in tears and angry feeling unable to cope on so many occassions.
He isnt allowed to see our son overnight as he cannot be trusted as he has a drug problem, so, i agreed that he could see our son on a Tuesday and Sunday evening where he takes him out for tea (straight from school on a Tuesday and from 12-6pm on a Sunday) and brings him straight back home for around 6pm latest. That in itself is not much at all but at the moment he never comes on a Tuesday saying he cannot get home from work in time and he rarely shows up or even answers his phone on a Sunday. He will sometimes ring me at 4pm on a sunday after our little boy has been sat waiting for him all day at which point i have to tell him no because i presumed he wasnt bothering and had to get tea on etc so our son is in bed for 7 ready for school. Last week end i ended up marching up to a pub i knew he was at and going ballistic at him im front of all his friends at how mad i was and sick of seeing my little boys sad face that his Daddy cant be bothered to see him and is sat outside pubs instead. It was not my finest moment but i was just so infuriated af the situation i had had enough. It is an absolute nightmare. I never get any help at all and i feel he is using the money situation to control my life and i am really struggling. I have no time for myself what so ever and on the rare time someone babysits for me i get nothing but abuse from his father about where i have been and what i have been doing. Please help with any advice on my situation at all. It is much appreciated.
Tilly 27/05/2018 at 9:54 pm
I need some advice please. I have a 16 month old with my ex. He first walked away when my son was 2 weeks old and has been coming and going every couple of weeks since. He has gone back to his previous partner who had threaten to kick my son out of me when I was pregnant. Because of this I asked for contact to be at my house. I don’t trust that she will be there when he has contact and he also has no bond with my child. He decided to come round and started sleeping with me telling me he was coming home. This didn’t happen and his partner found out and I had a message saying he never wants to see his son again. I have pushed for contact but he’s now saying he’s not seeing him at my house. Can I push for this or does he legally have the right to say no unless it’s elsewhere. I really don’t want it to be at a contact centre as I feel my son deserves better than that but there is only so much I can do to persuade him?
Tigger76 26/05/2018 at 11:16 pm
Really need some help here. Asking on behalf of a friend who has been emotionally abused in a long-term marriage. She has 4 children and only 1 is outrightly the father's (male aged 9). The father is incapable of working due to medical grounds and is the type of person to make any agreement very difficult at every stage of the divorce due to his controlling behaviour over his wife. What steps can be taken to avoid unnecessary stress on child(ren) knowing that her husband will do anything to make the divorce practically as hard as possible. They live as friends rather than as a married couple and he takes full control of there money and even says who she can and can't see with a tracker on her phone so he knows her every move even when doing volunteering work. My friend is looking at a divorce on grounds of controlling and psychological abuse is she right?
ChildSupportLaws Editor 24/05/2018 at 2:35 pm
The courts will not force a parent to have their children more than the parent agrees to. If a parent refuses to have their children, then it is not deemed in the children's best interests to push the issue.
Djmeme 24/05/2018 at 11:51 am
My ex husband sees kids few hours on a Sunday. I don’t feel it’s enough support. We were married 4 kids and I need his help to work too. Would the courts enforce him to do more? I could do with a rest too
ChildSupportLaws Editor 22/05/2018 at 1:53 pm
If your ex decides to take the matter to court if you restrict access, then Cafcass will get involved and compile a report. The Cafcass staff who compile the reports interview both parents in the case, as well as the children, and any others who might be needed, which could mean social workers, medical professionals, or even relatives. From the interviews they conduct, the reporter will determine two things: whether there should be contact allowed, and, if so, how much. It’s a measure of how important the Cafcass recommendation is that the court will almost invariably adhere to it. It is important that you keep any evidence you have regarding your ex, so that it can back up your story.
Bsggbh 21/05/2018 at 10:24 pm
Around 3 years ago me and my daughters dad split up after a very emotional and sometimes physically abusive relationship. She was around 5/6 months old at the time and I used to drop her off (20 miles away) and wait around for 4/5 hours and pick her back up. About 6 months went by and he was very verbally abusive towards me everytime he had our daughter and sometimes threatened to not let me have her back (which is why I used to wait close by) anyway since then I told him he needs to come to my house and see her because I wasn't picking her up and dropping her off and taking emotional / verbal abuse and threats. That arrangement has been over the last 2 years, however lately we were getting close again but on a number of occasions he has been verbally abusive/physically and even told me he doesn't want to see our daughter again, etc. I've made allowances because I care for him but last week his temper got out of control and he kicked me in my face before dragging me into another room by my throat (which my daughter saw) he pulled my earrings out and said some pretty nasty things in front of my daughter and even held a screw driver to me in anger. I have since said I don't want him anywhere near me or my daughter but I am scared that I cannot prove anything if he tries to take me to court but I need to protect my daughter. I have various threatening messages from him on different occasions and only my daughter (poor girl) and a witness to what happened. What can I do?
ChildSupportLaws Editor 14/05/2018 at 11:40 am
An ultimatum to your ex may work, as may the suggestion of mediation in an attempt to resolve these issues. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and help you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. With regards to child maintenance, this is a different issue and if your ex is working, then you can claim via CMS here, if he refuses to pay.
Chezballs 13/05/2018 at 10:54 pm
Need some advice. My daughters father and I broke up when she was around one year old due to him not being stable I’m out lives. He’s was constantly in and out of jobs, going out partying and not coming home and taking drugs, he also had an alcohol problem which he couldn’t beat. Even after the split I tried to help him threw everything but it all got to much and I told him I couldn’t help him any longer it was too emotionally draining for me helping him as well as being a new mother to put baby girl. He then went on a downward spiral again with drunk and drugs and then started to pull himself out of it at last. He started making effort seeing our baby more and actually giving me some financial help. It was all good until he got a new gf the 2-3 nights a week he was seeing our daughter stopped and he know has her less than 24 hours. He’s doesn’t pay one penny towards anything for my daughter and always saying he has no money but has crashed 3 cars and has had a brand new one every time. My daughter loves her father but I can’t handle this anymore. I need help to be able to work and provide for her because he isn’t helping financially. He should want to see her more the one poxy day a week at the most. We came back from a week holiday my new partner told me to ask him to meet me and my daughter for lunch as he hadn’t seen baby for two weeks and he said no he doesn’t have the time. He was meant to be having her for two nights coz he hasn’t seen her and text me during my shift to say he had to drop her that day making me leave work early loosing my hours which I can not afford. I feel like enough is enough I don’t no whether it would just be easier to walk away as I don’t want the affecting my daughters emotional stability coz he’s there and then gone. Would I be on the wrong for cutting contact?
ChildSupportLaws Editor 11/05/2018 at 12:06 pm
Access and child maintennace are not related. You can apply for child maintenance. Every non-resident parent is legally required to help to financially support their child if they are earning. You would not be able to claim backdated payments or any lump sum, if you have never registered a claim previously. As the biological father to your child, your ex has the right to apply to court for reconsideration if you do not agree to him having contact.
Stars 10/05/2018 at 5:38 pm
Me and my ex split 6 years ago he isn’t on birth certificate and has never met him at the start social services was involved due to our safety I left 8 months pregnant and social services said he wasn’t to have any contact. He has now messaged 6.5 years later asking about him saying he has changed his life. Never paid child support but didn’t think about applying at the time can I apply even though he has never had contact or will this give him access and can it be backdated and to be paid in a lump sum or payments?
ChildSupportLaws Editor 04/05/2018 at 3:34 pm
If your relative's ex has been charged with assault, it is unlikely he would be allowed unsupervised access to the child. He certainly would not be allowed residency of the child. If your relative did not register his name on the birth certificate, then he has no parental rights. If he took the child, the police would get involved and return the baby to the mother.
sartoke 04/05/2018 at 1:15 pm
hi advice needed please, a relative of mine met a traveller shortly after her mums death, she was greaving and he took full advantage of this! he beat her regularly, wouldn’t let her see or speak to family, very controlling. then she discovered she was pregnant yet he still continued to beat her! she managed to flee with the help of police and settled back home, he was taking to court for assult and charged. now she has had her baby, and is moving on with her life, now she has received a court letter, he is wanting 50/50 custody!!, he is not on birth certificate and is not allowed any contact with her... will the courts allow him access? like i say he is a traveller and if ever got access he would disappear with her, she is so upset and worried.
Distraught and scare 04/05/2018 at 9:27 am
My ex partner (not married) and I have a son together who is 6 years old and we own a property together jointly. I have suffered a emotional abuse over the years from him and he has recently be charged with stalking section 4a. He pleaded guilty in the magistrates court 2 days ago and he has been referred to crown court for sentencing in a months time. Bail conditions means he is not allowed to contact me or come near the house. He is bailed to his parents house. Our son has been staying there 3 nights a week but I every time he comes back he is crying because he tells me daddy says he cant tell me things and has to have secrets and I find it so damaging to our son. Should I be stopping him from going ? He wants us to sell the house, but I think I should be trying to hold on to the house until our son is 18 and a charge put against it so he still has his financial interest. Its about whats best for our son and his stability. Its possible when he gets sentence he could receive a custodial term, so wouldn't I be best doing nothing at the moment? Feeling so confused and don't know what to do. Any advice would be gratefully received. Thank you
ChildSupportLaws Editor 30/04/2018 at 11:55 am
Sometimes when parents split up there is animosity and bad feeling, especially if one parent attempts to control the situation or prevent access where both parents should have an equal say. It doesn't help either if your ex is saying that he will keep the child without your consent. This makes for a distrustful relationship which is invariably going to make the other parent cautious. In an ideal situation, child access would be shared and each parent allowed their own time with their children. If you cannot agree between yourselves, then you would have to consider mediation. A court will not allow an application unless mediation has been considered first, If the matter goes to court, then a court will decide on your behalf regarding what it thinks it is in the best interests of your children. If you prefer the matter to go to court, then perhaps you should refuse mediation and allow the court to decide. However, once the court decides, you would have to stick to any arrangements made. There will then be little room for negotiation.
Meesh 29/04/2018 at 4:02 pm
Needing abit of advice...
My son is now on the old myself and his father separated about 6 weeks ago due to out of control arguments in the end his father raised his hand to me and has been out of control with his verbal anger for months now.
He has moved out and is sleeping on a friends sofa.
Me and his family never got on and they in the past have been rather nasty towards me and are involved with some very dodgy things.
I have been asking my boys father to come and see our son at my house on a regular basis that fits in around work and my other 2 children which aren’t his.
He has on numerous occasions has threatened to take my son and not bring him home. Hence me only allowing him to see our son at my house.
He is now saying he is taking me to court to arrange access even though I’m not denying him that.
I have no issues him taking me to court in order for things to be set out properly and regularly with certain rules as things are pretty volatile between us and he can’t have a conversation with me without losing his temper.
I don’t think he would ever harm our son that’s not my concern my concern is He won’t bring him home.
Where do I stand with this?
What do I do in the mean time?
He doesn’t want to co operate and see our son at my house or with any mutual friends.
Now I am on my own with 3 children and a full time job I need to set a routine for my children so my son sleeps properly.
He is currently going to bed at 9pm and his dad doesn’t finish work until 6 I have asking him if he would like to come over after work and bath feed and put our son together bed... this isn’t good enough for him...
He works 6 days a week as do I. I have tried and tried to make contact easy but he wants everything on his terms which is unrealistic as it doesn’t suit our sons wellbeing or routine and same with my other 2 children.
What do I do?
I am at a lose end as to what else to try.
Lisaall 22/04/2018 at 5:25 pm
After the breakdown of my marriage. My husband has moved back to him parents home. While I am currently in our home with our 2 year old daughter. The sale of the house is to be completed in approx 3 weeks. I am moving into rented accommodation with our daughter.
While I am trying to do what I think is best for our daughter my husband has different views.
I have agreed that our daughter can go with him for tea dusting the week and sleep over with him at his parents house Thursday and a Friday andreturn her Home Saturday tea time. I came to this decision as I think she needs to sleep over convective days so she settles more. I don’t think it’s best for her to be sleeping out different nights of the week as he is suggesting he stays over the night he takes her for tea.
I don’t think as a 2 year old little girl it is best for her to be staying out during the week as well as the other 2 nights. She will be confused as to what is going on.
He is adimant he wants her this extra night during the week and wants to take me to court.
MN Editor 27/04/2018 at 12:53 pm
@Grootsgran - it's all well and god taking care of your grandchild and being concerned for the welfare of him. But he's not your child and it is unfair not to allow the father access just because he has nowhere to live. The father may not have a fixed abode, but is he going to put his child in harm's way or treat his child badly? Only then your concern may be justifiable. You have to let the parents get on with bringing up their child how they choose. Emotionally the dad must miss his son, and stopping access is not for you to decide. There are no laws stating the father can't have access if he doesn't have a place to live. Not having a place to live doesn't make him a bad father. But it's not your place to but-in and try to organise how the parent's are bringing their child up either. You don't have any legal rights to do this either.
Grootsgran 20/04/2018 at 10:03 pm
Looking for a little advice.. my G/S is 11mnths old. Currently both him & his mum are living with us as this allows her to work while we take care of baby, helping her to get herself on her feet so to speak. DD has recently involved solicitors in relation to visitation & overnight stays regarding the baby with ex partner. Ex partner had a fixed abode when set access arrangements were first made, now he has been kicked out & has no fixed address. DD is still adamant that my GS will go & stay over with dad even though he has no fixed roof over his head. He’s staying with friends & Couch surfing. Her decision is made purely from a selfish point of view as this interrupts her social life if baby doesn’t go. My husband & I have our GS most of the time so we know he’s safe & properly cared for. We’ve had slight concerns before when our GS was with dad at his fixed address & now he has none. We are besides ourselves with worry. Surely there must be some rule or guidelines in relation to overnight stays now since dad has no fixed address. Any advice is welcome.
ChildSupportLaws Editor 20/04/2018 at 3:09 pm
You can see more regarding how child arrangement orders work via whichwhich should tell you all you need to know.
Joey13 20/04/2018 at 12:24 am
I have a 4 month old son his dad hasn’t played any part in my pregnancy or short uprbringing. He is emotionally abusive and controlling and I can’t live this way any longer. He’s been given two set days a week where he is allowed to my house but not to take son away himself as he cannot be trusted and uses my baby as a trophy. He has threatened me with court since day one. Will I be contacted straight away if he goes to a solicitor? Will he automatically be allowed to take my baby out himself
ChildSupportLaws Editor 16/04/2018 at 11:10 am
As much as you obviously dislike your ex, he is still the parent of yours/his child and does have rights. Those rights extend to suggesting mediation in order to come to a suitable contact arrangement. If you refuse, he can apply to court. As with any court order, the court will decide what it thinks is in the best interests of your child. Trying to negotiate out of court is in both you and your ex's best interests. As there are two sides to every story, once it reaches court the court will decide on your behalf, and any court order will have to be kept to.
shannonxox 15/04/2018 at 7:24 pm
Me and my ex boyfriend have been seperated for 2 years because he left me when i found out i was pregnant, then throughout my whole pregnancy he gave me hell, he told me to get an abortion and then told me to give my daughter up for adoption, i nearly lost my life given birth to my daughter and she nearly died and he was out on the piss with his mates whilst this was happening, now he thinks hes can come and see my daughter when he likes, he isnt on the birth certificate because i didnt think he deserved to be on there, he makes me look like a bad mother yet i do everything for my 13 month old and he doesnt pay maintenance at all because hes too lazy to get a job, he sees her once a week and blames me for it but i dont stop him seeing her as much as i want to but i want my daughter knowing what her dad is really like, me and my mother are always arguing because of him cause he makes out im constantly having ago at him, hes called me a bad mother because i let my mother have her over night so he can see her because he has to be supervised and he didnt like the fact i set days and times for him to see the baby and he didnt like it and threatened to take me to court for no reason, so i need some advice on what to do
ChildSupportLaws Editor 13/04/2018 at 2:28 pm
If your 15-year-old has moved out to live with her father, your only recourse is to request mediation and if your ex refuses, apply to court, As your daughter is now 15, her opinion will be taken into consideration. However, as in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
ChildSupportLaws Editor 13/04/2018 at 1:00 pm
Your only recourse is to apply for a child arrangement order in court, If you cannot afford legal representation you can self-litigate, As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
Concern and scares 12/04/2018 at 7:17 pm
I have been dry for 7 years but then got with a man and we have a baby together but why with me he kept going with other woman and playing mind games so in last 6 mths I had 2 re lasp's .as I took every he said to be true my problem was I wanted to be loved so let him keep doing it well then my last relasp he sent someone to collect his 8mths old boy as I was drank which I know I done wrong .but since then he won't let me see my baby or even give me photos but has informed me he going for custody and gonna move out his mum's to get a place.he tells me he bring my son to see me but then don't turn up.how can I fight him so he don't get custody.I am seeking help for drink and for the emotional abuse he is doing to Me.I can't afford solicitor can anyone advice plz
KiwiAdventurer 10/04/2018 at 10:29 am
I am desperate. My husband left me after having 3 affairs, leaving me with three young daughters to care for as a single parent. Over the last ten years, he has not paid any maintenance, basically citing his earnings are allegedly less than 5K per annum as a self employed taxi driver.

Its been a struggle looking after 3 daughters, 1 who is 17 has been sectioned for safety reasons (father does not want to know or understand, she has ADHD ); 1 is 18 and moving away. My youngest who is 15 has now decided she wants to live with her father and his girlfriend. Her fathers girlfriend is trying to claim I am a bad mother, and my ex husband is the victim. He has never had any interest in his children until he met with his new girlfriend 6 months ago. Only 2 months ago he left her stranded on the street at 2am in the morning as he couldn't cope.

I've spent my life a single parent looking after the children with little money or support. Now I'm at my wits end with the entire situation. My youngest has basically called me a failure and decided with my ex husbands girlfriend she would live with her at her house. She left yesterday screaming and shouting at me. My ex's girlfriends seems to think she can do what she wants. My daughter no longer wants contact with me. this is all very sudden. MY ex husband has paid no interest in our children; never provided financial support and basically didn't want to know. I've always allowed the girls to make their own choices to see their father. and always supported any visits.

Please can someone help or advise. I.m looking to counselling but I really am struggling with this entire situation.
Bailey14 07/04/2018 at 2:11 am
My husband and I have been separated for over a year now we have established a good routine in regards to visitations with our son and he seems very settled. However my husband in moving his brother into his house. I have concerns about his brother and his behaviour ( although I do not have any evedience to support any of my claims) and would feel extremely uncomfortable leaving my child in the same house as him. Do I have any rights at all to stop this from happening? Any advice would be much appreciated.
ChildSupportLaws Editor 05/04/2018 at 2:43 pm
Have you thought of suggesting mediation? Generally, the person who has the day-to-day care of the children is the person who continues this role and therefore becomes the primary carer. However, if you cannot agree between you, then mediation is the next option. If you cannot agree through mediation then it will be up to a court to decide. As in all cases, the court’s main concern is the welfare of the children in question. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order. The least amount of upset is always the preferred option, which is why the chidlren are usually permitted to stay with the primary carer. You can see more via which
Upsetmother 04/04/2018 at 5:42 pm
I have just ended a relationship with the father of my children due to how controlling and how unhappy we all are we have mediation soon but he's tried asking me to stay a few times which I have refused as I don't love him in that way anymore and I want my kids to be happy and see us happy. But everytime I say no he is hitting me with I'm having the children live with me etc. I've just found a property and told him he's not the roof and told me I'm not taking nothing because apparently I never paid anything there and I'm not taking the children as it is now we have a joint mortgage he stayed with a relative for a few weeks and as soon as I said there was no going back he moved backcin this is why I made the decision to go instead but now he has told me I am not allowed to take my children and has applied for a court order and id have to bring them back. He knows he can hurt me this way by involving my children it's absolutely disgusting the way he is acting where I have been more than fair and left him have them 3 nights a week but still not good enough he wants to take them off me all together. Am I able to move with my children it's about a mile not even that away I can't go if my children can't come with me he is trying to drive me to a breakdown I can't cope. Any advice would be helpful? I don't want him to stop seeing the children and would never do that but I expect it from him also and I need my children to stay with me I'd have nothing otherwise and may aswell not be here ????
Lisaa 31/03/2018 at 11:00 am
my baby is 8 weeks old and has been brought up solely by me. When he was 7 weeks old I tracked down his father as I wanted him to be apart of our sons life. He was not interested in th baby throughout my pregnancy or the first few weeks of my sons life and it was me that instigated the relationship to begin. He is not on the birth certificate either and has no PR. He smokes weed regular and has started to be very harsh towards me demanding overnight access immediately and to have my so. Every single weekend? I am so stressed, surely this can’t be right? What are my rights? I have agreed to a couple of evenings a week for a few hours so as they can develop a bond but at the moment as it stands I do not know this man from Adam and I cannot just hand my baby over to him for overnight access because he is his biological father. What’s my rights and what rights is he able to get ? I’m super upset .
ChildSupportLaws Editor 29/03/2018 at 3:07 pm
If you stop contact, then your ex will have the option to suggest mediation as a way of trying to resolve the issue. If you refuse, then your ex will have the option to apply to court. If your ex applies to court, then the court will make a decision on yours and his behalf regarding what it thinks is in the best interests of your daughter.
Unicorn 29/03/2018 at 1:33 am
So long one but will cut it down
I'm single mum of 3 not by my choice
My ex and dad to youngest two kids (3 & 1 yrs old) does wish to see the kids but only on his terms and conditions and if I refuse he refuses to collect the kids at all
He had kids 6 weekends then one week no access (Fri eve to Sunday eve) he won't commit to any set holidays and advised he will be removing kids from nursery for holidays as cannot have them during school holidays I wasn't to fussed on holiday aspect. I advised I was going to lawyer to draft up our agreement and this was fine until day after id seen lawyer he messaged me to say he will now only have kids 3 weekends then one off and if I Dont like it tough. I advised him to let lawyer know as should get letter in next few days and until we sort it all out properly we will continue with his access as it was so as not to upset the kids but he refused and hasn't seen the kids for three weeks now.

So yes men can push to see kids but where do I stand as mum on having an input to the agreement as it impacts my life my other child's life as well as my two kids I have with him.

He emailed lawyer to say he wants it reduced as he also has another child (13yrs) but his one bed flats too small for them all to stay at once so my kids never see their sibling as he will jit have all Tyree together. Is this a valid reason?

I've agree md via lawyer to reduce to 3 weekends out of 4 but with one midweek night added so give the kids stability and for him to be part of their education by doing nursery and school run. As well as statng access is still open until resolved. I'm awaiting a response.

If he is displaying and interest and wants kids would a judge rule on fair access in interest of kids or can my ex dictate that?
Fedup 27/03/2018 at 6:56 pm
My ex sees our daughter each weekend Friday at two till Sunday at six however she spends most if that time with his parents in ever stop her going ,he as now been to a solicitor saying I need to go for mediation for more access .it is so his parents can see more of her .they are trying to take my daughter and he makes things really difficult in all aspects of my life please advice I want to just stop the contact .
ChildSupportLaws Editor 23/03/2018 at 12:25 pm
You can see more via whichYou cannot force your ex to have his children if he does not wish to. A court would not force your ex to have the children either, as it would not be deemed to be in the children's best interests.
Sars 22/03/2018 at 7:36 pm
Hi I have three kids with my ex partner and I would like him to have the kids over the weekend but he always comes up with excuses. He only takes 1 of my kids to stay at his grandmas house but leaves my other 2 boys with me, iv spoken so many times with him because I would like a bit of free time but we just end up arguing all the time plus my ex always harassing me calling me and messaging me inappropriately, iv thought so many times of calling the police but I don't want my kids to get effected by all this....I have blocked his number but keeps calling me on private. What can I do?
ChildSupportLaws Editor 22/03/2018 at 3:27 pm
If your ex has not attended mediation, then you can apply for a child arrangement order, If you cannot afford legal representation you can self-litigate
Nelson 20/03/2018 at 7:12 pm
The problem is that system is all in favour of mothers! When it should look at each individual case. My ex has taken my daughters from me for no good reason (she is unhappy to find out that I'm in a new relationship, although she has been in relationship for past 6 months). I'm looking for advice because I'm been to see a mediation team and she refused to attend, but hard to see all this one sided advance as if men don't go through the same struggles. Shame.
ChildSupportLaws Editor 20/03/2018 at 12:21 pm
There is nothing you can do to stop your children's father from applying for access to see yours/his children. If he has a police record for the incidents you mention, then the courts will take this into consideration and Cafcass will get involved
Scared mum 19/03/2018 at 9:24 pm
Where do I stand with stopping my ex husband seeing our 3 kids. He has beat me up on numerous occasions and just got off on a technicality for messing about with my daughter his step daughter. I don’t want him around our daughter for obvious reasons and I don’t want his temper around our sons
ChildSupportLaws Editor 15/03/2018 at 2:36 pm
Both parents have rights to be in their children's lives. If you cannot agree between you, then mediation is the next option to consider to see whether you can both attempt to resolve the issues you disagree on. If you do not consent to discussing access via mediation, then your ex will have the option to decide. As in all cases, the court’s main concern is the welfare of the children in question. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order.
AaronH1991 13/03/2018 at 10:36 pm
Hi,
Me and my ex have a daughter together, she is 3. We split up when she was 1. Prior to splitting up I lived with my ex and my daughter. I took paternity leave when my daughter was born, she has my surname, I pay money to her directly through the CSA and I am also on the birth certificate. My ex is now making it very difficult for me to spend time with my daughter. Saying that I can only have access to see her round at her house, whilst she is in. She currently lives with her new partner and my daughter and I live with my new partner. One of the reasons I can’t have overnight access, or even access to take my daughter on days out is because the mother doesn’t want my new girlfriend seeing my daughter. My girlfriend has a child of her own and is perfectly fine to be around my daughter in my opinion. Can someone shed a bit of light on the situation as to my rights and what I can do to sort something out? As it’s really frustrating and I feel as though she holds all the cards as the residential parent and there is nothing I can do about it. Thanks :)
Lovewins 13/03/2018 at 6:05 pm
What rights do I have for stopping my husband seeing our kids now that wev split? He walked out of his job stopped providing and smokes ALOT of weed. He becomes short tempered and verbally abusing to me and our kids. I don’t want that around my kids but what rights do I have?
ChildSupportLaws Editor 08/03/2018 at 2:44 pm
If you can prove your ex's new partner should not have contact and the reasons why, then you can request the court considers this.
ChildSupportLaws Editor 08/03/2018 at 12:50 pm
If your ex is refusing to send your son home, then you would have to refer the matter to the courts, , which will determine where your child should officially live. If the father of your child does not have parental responsibility, then the police can intervene.
IZZO 07/03/2018 at 8:13 am
Me and my ex split 4 years ago and have a 6year old son. Throughout the 4years i have had a constant battle with him over our son. As soon as something happens that he doesnt like he flips and doesnt bring out son back. Hes called police on me to say i had been drink driving (i was breathalised and it came back as zero) hes called social services and put in petty complaints and each time nothing has come of it as they have put it down as malicious behaviour on his part against me. I had a non molestation order against him which has recently ran out. He also quite often keeps our son longer than the agreed period. This is what im going through at the moment. Ive told him im seeing someone and hes hit the roof and refusing to bring our son back. Although i know he would never hurt our son he has 2 police records of domestic voilence against women (one being myself) and is currently on a supsended sentence for fighting. We have a verbal childcare agreement between us thats worked well and i have never refused him access but he says now he is never going to bring him back. We have tried mediation and he refused to attend after first session. Is there really nothing i can do but just sit back and hope he changes his mind? Any advice is welcome
Kerry 06/03/2018 at 8:24 pm
My ex husband only has pr over my youngest son, I left him due to emotional abuse and had to leave county and move as he turned out whole town against me, he was addicted to cocain and ended up in a relationship with his drug dealer who has been to prison before for selling drugs, my 15 does not want to see him at all I have stated it is both their choice but I do not want them to go near the new partner by all means have contact with their father but not her. Am I within my rights to do this?? My youngest son is autistic, adhd and has emotional delay I don’t want him near that woman he would not cope with change, and certainly would never stay there. The ex is now saying he is going to take me to court for visitation what would be my rights Can I ask them to add on to the order that there is to be no contact with the new partner
stacey kirby 04/03/2018 at 6:32 pm
hi my partner is saying he is going to take my son when he moves out because he is saying that I'm an unfit mother i want joint custardy as he is a really good dad but he just want sole custardy and for me to never see him what action do i need to take so that i can get joint custardy
Katie123 02/03/2018 at 10:11 am
Hi, my ex husbands girlfriend has started being verbally and emotionally abusive to our ten year old son - I want his contact with her to become minimal, can I enforce this?
ChildSupportLaws Editor 27/02/2018 at 3:27 pm
You would have to apply for a child arrangement order through the courts, which would officially determine with whom your children should live, This means that if your ex decided to take your children without your consent, the police could intervene. However, if your ex does attempt to take your children if he has had a history of abusive behaviour then the police can intervene.
Crec12 27/02/2018 at 1:00 pm
Looking for advice please. I stopped my ex partner seeing my children after a long drawn out process of domestic violence and abuse and a horrenous time with his mental health..the last straw was when he had my children for 50 minutes and i came back to him so drunk my then 4 year old was terrified to tell me her daddy had been drinking beer (a whole bottle of jager) and forgotten that he had bathed them(terrifying) i stand by him now seeing my children he is so better without them. But all hes done the past year is tell everyone he is taking me to court...i have a restraining order in place and he has been jail for assult and harrassment... i want him to take me to court because it will not go in his favour he has done too much. And threatening is his way of hoping i will give up and let him have them... i never will. I need to takw parental responsoblity off him as hes unstable and im always terried when hes on one of his benders hes just going to take my 2 girls from school or nursery ect. Its horrendous living in fear. Can i take him??? If so how??? What do i do please help
Micky 27/02/2018 at 11:51 am
I just wondered if someone could clarify something for me, my wife has a 6 year old daughter who had beat her and hospitalised her at 3 months old, he was sentenced to jail time for this and she was given a court order to prevent any future contact plus she got another court order to return our daughter to my wife's maiden name, social services are now threatening to inform him about our daughter and invite him into a safeguarding meeting, what advice would you give me?
Crazyeyes87 24/02/2018 at 10:08 pm
Hi my ex husband had an affair then came back and forth between me and her leaving the children crying every time he told them he was leaving. We finally divorced but after that he had our youngest didn't wipe him properly in his care and he was hurt same as when he let him fall down a flight of stairs. He also does not take my offer of seeing them because his new partner has told him not to and is abusive to me where I have had to call the police. Can he be stopped from seeing them in worried :(
sam 23/02/2018 at 9:21 pm
my ex partner/ daughter's father is an alcoholic. we were together for nearly 3 years and we done many home detoxs. and we split up just after Christmas as he started drinking again and I found out he stole from our daughters money box to buy alcohol and he had stolen of me. not large amounts but this was the last straw for me. he kept coming to the property drunk and I called the police and as he kept coming back and putting letters through the door they arrested him and charged him. it went to court and he pleded not guilty. it's currently awaiting trial and there trying to get a restraining order against him to stay away from me and my property. he wants to apply for contact centre to see our daughter and I'm not comfortable with it. he has a 6 year old son aswell that he only saw when we was together because I looked after him and done everything for him. he's been in and out of his life for 6 years depending on when he starts drinking again. he's currently 1 month sobar and wants to see our daughter but I don't want her to be let down when he starts drinking again. he's had 7 rehabs and many many home detoxs and the longest he's ever been sobar from the age of 18 is 1 year. he is also on the birth certificate and she was born 2016. can I stop him having access as I feel it's in my daughter's best intrest to have out of her life now rather than in and out all the time as it's unsettling and only a matter of time before he starts drinking again?
ChildSupportLaws Editor 23/02/2018 at 2:22 pm
Before your husband would be allowed to take the matter to court, he would have to suggest mediation to you as a way of trying to resolve any issues, Your offer of one night in the week, every other weekend and 50% of school holidays is what the standard offering is through court, where shared-care is not in operation. The fact you have offered more access (night in the week) to your ex will stand in your favour as being reasonable, as will the reasoning you have put forward regarding why your ex wants his children more often. Only if you cannot resolve these issues via mediation, will your ex be allowed to apply to court. However, court will cost and there is no guarantee that your ex will be awarded extra time, as the court may view the time he has now as ample. Your ex wil also have to give a good reason why he wishes to apply for more access. As in all cases, the court’s main concern is the welfare of the children in question. If you keep in mind, the court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order.
ChildSupportLaws Editor 22/02/2018 at 9:45 am
If your child's father does not have PR, then effectively he has no rights over his child in the terms of having certain responsibilities over your child that PR allows, However, if your child's father wishes to push the PR issue, he would have the option to take the matter to court to gain it and for access. Therefore, if you feel strongly that you do not wish him to take your child to his sisters, then you should discuss this between you or if you cannot mutually agree, suggest mediation as a way of trying to resolve any issues you have. If your child's father opts to take the matter to court if you cannot solve the problem via mediation, or if you refuse to discuss it, or withhold access, then the court will make the decision based upon what it thinks is in your children's best interests. If this happens, then you would have to comply with any court order. Therefore, mutual agreement is always the best way forward.
JMA45 22/02/2018 at 7:56 am
Hi, my ex husband is planning on taking me to court for more access. He currently has the children once a fortnight Friday - Monday. I have offered that he has them for an over night stay in the week too but he has previously refused due to work commitments. Then in December when I went to Child Maintenence Support as he was not giving me enough he got really angry and now he’s saying he wants them more. I can’t help but think it’s because of money that he suddenly wants them more. Despite this I’m still happy for him to have them on one set day in the week along with every other weekend and 50% of the school holidays but he says he’s taking me to court as he wants more.
He works long hours and has always been very unreliable. I’ve taken care of the children since the day they were born and have also left my job in order to be at home for them.
He has told me he is planning on using his girlfriend and his family members to pick up the children and care for them at home until he gets home. Is this right? Should the children be with their mother over their dads girlfriend or family?
I’m so worried about court. I want him to play a huge part in the girls lives but not if he’s not even going to be there.
Jo 21/02/2018 at 6:04 pm
My daughters father does not have PR. He visits his daughter and takes her out. I do not want him to take her to his sister as they have strong religious views i do not agree with and they have made comments to my child i find unacceptable. He lies and says he doesn't take her there but my child tells me she has seen them. Can i control where he takes her when she is with him?
ChildSupportLaws Editor 19/02/2018 at 10:48 am
The court will not make a judgement or punish you for being a previous alcoholic. As you are a parent with Parental Responsibility, then your ex should have asked your permission to move out of the area with your children. Your only course of action to challenge this, would be to take the matter to court. As in all cases, the court’s main concern is the welfare of the children in question. The court will always put your children’s best interests first and this main issue will determine the outcome of any application for an order. You may wish to seek further legal advice. The Citizens Advice may be able to help give you free advice, if you cannot afford to pay a family law solicitor. Alternatively, you could seek advice from a solicitor who offers the first half hour free. If you do not wish to challenge your ex's move from the area through the courts, then mediation may be an option to consider regarding coming to an access arrangement in order to see your children.
Sophie 18/02/2018 at 3:19 pm
Hi, I’m not sure if anyone has experienced anything like this but would love feedback. My ex walked out when my 2 boys were 2 and 4. I began to drink later heavily and now admit I’m an alcoholic. We had joint pr but he continuously played games with me and my boys. I done everything social services advised but when his girlfriend asked him to leave due to similar things that I had gone through he took my children to Burnley from Oxford 3-4 hours away. Because I’m a recovering alcholic do the courts favour him and his actions.. has anyone been in a similar situation?
Mum3 13/02/2018 at 4:22 pm
Hi, I'm a young mum of 3 beautiful children.. I had social workers involved with my first two as my daughters father was claimed to be violent and controlling with myself as this cycle went on with social works I became more depressed as both children went out my care for safety through him, I basically disappeared off the scene cause I couldn't take much more but came back to my daughter now being in my ex partners care!! 3 years I havent seen her, I now and have had for 2years seeked help and got my son and new baby daughter in my care.. Went through noumious lawyers just seems to be taking forever and his come back is always to do with my mental health which has been dealt with and in the all clear.. What other help is there, from Scotland..
ChildSupportLaws Editor 13/02/2018 at 2:07 pm
If you register the father on the birth certificate, he would have joint parental responsibility, , which explains what PR is. If you don't register the father, the father can apply to court. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
Wittsend444 07/02/2018 at 7:26 am
Surely a father can't just take a 9 year old child out of school and say he's living with him now. He's had a Heart attack and stroke. Also his family have a gene where the male side doesn’t live past 50 he's got 1 year left. Also the 9 year old has CKD and the dad always gets his dressings messed up so when he comes back no air has got to any wounds. He works nights and can barely look after himself. He has threatened to take all my kids off me and it's all since CSA have contacted him for money.They have no structure or discipline when they go there take aways and gaming until 3am it seems I am powerless to do anything.
ChildSupportLaws Editor 06/02/2018 at 3:10 pm
If you withhold access of your child from your ex, you can suggest mediation as a way of coming to an arrangement that suits you both. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and help you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. If you refuse mediation as a way of trying to reach an alternative solution, your ex will have the option to apply to court. If the matter goes to court, as in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. If you feel strongly that your ex genuinely should not have contact with your child, then Cafcass will get involved in a bid to speak to both parties and others in order to make an informed judgement regarding what it thinks is in your child's best interests.
Bubs 06/02/2018 at 10:47 am
I have recently split from a very controlling relationship with the father of my third child. Last week he attempted suicide after drinking alcohol. this is a regular occurrence and he has ADHD and a personality disorder! He is asking to see our daughter alone and overnight but I don't want him to see her alone let alone overnight but I don't want to see him either. What can I do to stop this.
Tixylix 02/02/2018 at 12:51 pm
My brother in law has just split up from his partner and has been stopped any contact with his son.

During their relationship, my brother in law also took on the roll as stepdad to his ex’s 2 children from a previous relationship. Which was very strained at times due to the behaviour of the eldest of the two.

It got so bad that his step son is under social services for beating his mum up plus my brother in laws ex is under the social services for not doing anything when the attendance became a cause for concern.

This relationship has broken down now as both children are on their mums side but my brother in law is so worried about his son being in the environment where his step brother usually smashes the family home up or raises his hand to his own mum if unable to get his own way. In fact, he is also extremely worried that he might get caught in the crossfire during one of his step brothers rages and get hurt.

Is there anyway the fact that my brother in laws ex is involved with social services and that her eldest is currently being monitored by social services be included in the application to the courts for contact. My brother in law is at his wits end and fears for his sons safety....
Laura Amy 31/01/2018 at 3:43 pm
Hi, me and my ex partner split up when my child was nearly 3 years old because he killed our family dog and smoked copious amounts of cannabis. I have allowed him to see her regularly however he keeps walking in the house, stalls and makes excuses as not to leave and the whole situation has become really bitter. Last night he phoned me out of the blue threatening court action wanting our child to live with him full time. Although he has parental rights what rights do I have to stop this if he does proceed with court action? I’m a 3rd year university student, have a clean criminal record and social services have deemed our daughter’s standard of living and care I give her to be more than satisfactory. I’m worried he will use his parental rights to be able to have sole custody. Can anyone offer any advice at all please? Thanks
Mummy 31/01/2018 at 3:22 am
Hi
Split up with partner when baby was born,he was violent towards me previously then after baby was born. I have my concerns as he put baby in danger but says it was because of being upset.
He wont be on birth certificate but I have said he can still see baby with our family members. Father doesn't want any involvement unless he is on birth certificate.
Is this blackmail? Would he have equal rights if on birth certificate even though he has a history of violence?
twix84 29/01/2018 at 10:00 am
hi myself and a my partner spilt up he has now started to say that he is going to put a block on me for my 2 kids 6 and 1 for moving out of the north east to the south where all my family are can he do that as i now have noone up here
Dan 27/01/2018 at 11:31 pm
I am a farther with 3 childre (who live with me from day of split) with an ex who ran off with a new man. We live in wolverhampton, her walsall, I try my best for the childrens sake to arrange stable times suitable for all of us. These are Wednesday 4.30-7.30 every week and every out her Saturday she will have one of the older boys and the youngest girl sleep over from 7pm sat night to 9am sun morning (all timimgs her requests). So say 1 sat have 11 year old and the 6 year old next Sat none and then the 8 year old and 6 year old and the next Sat none and then repeats. Problem is she's always late or changing the days or just not bothering at all. I always take them over to her and pick them up and constantly moaned at for money to feed the children as I get the money for them (yes I do as I work full time so earn it). I refuse to give her the money but will feed them before or after. When I need help I never get it as she's full of lies which I have proof for time and time again. Ie my nan sadly passed so need to go and sort some bits and bobs out for the funeral to help the family and asked If she could have the kids for 3 hours which was arranged for sat daytime instead of her having them overnight as she cant do both. Never showed up and turned her phone off all day turned it on to sent nasty texts and then straight back off again. Im just at a loose end of what i should be doing here as don't have the money for a solicitor and my children are constantly upset and confused and taking it out on me. This has been going on for just over 2 years now and it's draining me and is just constantly messing with the little ones heads and I just do not know where to turnnor what to do.
Asher1988 27/01/2018 at 11:57 am
Me and my childrens father split nearly six years ago to his drug habit (which I did not know about at the time... untill we split).. . I gave him chances to see the children time and time again and he chose drugs all the times he is a class a drug user... now homeless living in streets we have no contact what so ever my children never ask or mention him at all... Children are now 8 and 5... He's in and out if prison for shop lifting to feed his habit every time he is in prison we get a letter all saying the same things " he'll change he'll go to rehab" which I know will never happen he's said it now for 5 and half years.... I am wondering where I stand with him not seeing them... bearing in mind he's not seen any of my children for 4 years now help needed!!!!
emsie 27/01/2018 at 9:04 am
My child's father and I split when I was three months pregnant. He saw her irregularly for the first 8-10 months and has now not seen her for a further two years. There has been no contact whatsoever and he has blocked me on every form of contact. He refuses to cooperate with me and has since moved on and has a new child. I wish to move abroad. It's a better chance and a better life for both me and my daughter as work is everywhere, the property market is amazing and it's more comfortable living. I have also been dating a man in said country for a year and half. Going back and forth between the two places.
What do I have to do in order of permission to move?
ChildSupportLaws Editor 26/01/2018 at 1:46 pm
Unfortunately, we can only answer UK-based family law questions, as this is a UK-based site. You would need to seek legal advice local to where you live.
ChildSupportLaws Editor 26/01/2018 at 12:50 pm
It's very rare that parental responsibility is taken away, regardless of whether your ex pays or has a lifestyle you don't agree with. To see if you have a case, you would have to seek legal advice as the matter would have to be dealt with through court.
ChildSupportLaws Editor 25/01/2018 at 2:35 pm
Unfortunately, we cannot help you make this decision. However, firstly, if the father of your children has parental responsibility of them, then you would have to request his consent before you move out of the area. If he refuses, then you would have to request permission from the courts. On another note, it could be said that your new partner is being somewhat unfair by making such demands and requesting that you separate your children from their father. Your best option is to discuss the matter with their father in order to come to an amicable solution between you. Whether that means considering your ex becomes the primary carer (if your children are older, they may profess an opinion), or requesting that you move away with your children and come to a suitable access arrangement with the father. Or you could stay where you are and hope that your new partner may relocate to be near you, and/or continue the relationship as you have been doing. You personally are giving up a lot to be with this man, so it needs careful consideration. As a court would do, your main concern is the welfare of your children. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
Dr Drae 24/01/2018 at 10:03 pm
Me and my partner have been living separately for 1hr years. I have the children and me and the kids we currently live in a flat we have lived as a family for 10years. I have met and fallen in love with a another man and I wish to move to live close to him. My new man doesn't want me to live in the same city as my ex partner. My dilemma is I am torn as I so want to pursue this new relationship but at the same a move to another city means too many changes for the kids and I am worried that they might not see their dad often. My younger son plays football for some junior football club and his dad takes him for training and matches every weekend. I am afraid of taking that away from him. Please help. I don't know what to do
Chakra 23/01/2018 at 11:50 pm
My son is 11 and hasn't seen his father since March 2017 (son's choice). We split when my son was 18 months old and in all these years has caused nothing but grief. The situation has been to court and mediation. I've always stuck with the court order but he got sent to prison in 2013 for just over a year so I'm assuming he was in breach of that anyway? After being released he assumed he could just come back into my son's life and do exactly what he wanted. He pays no child support and really wasn't beneficial to my son's life anyway. My son wants to change his surname but because father is on the birth certificate I know I can't do that. Is there anyway I could have him stripped of PR? He has made it perfectly clear he is not interested in even TRYING to make an effort to make things better with my son.
Crystal 23/01/2018 at 7:23 pm
I have 3 children all have the same father, but he's only on one birth certificate. He hasn't seen them in 5 years, but calls to speak to them. He helps me in now way with them. What rights does he really have and can he stop me from moving to another state even though he does not live in the current state as my children and myself????
ChildSupportLaws Editor 22/01/2018 at 1:54 pm
Your first step should be to send a registered letter to your ex-partner in which you ask her to reinstate contact between you and your son. Don't forget to take a copy of the letter for your records and keep your proof of sending. If your ex ignores this, your next option would be to suggest attending mediation. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. If your ex refuses to attend mediation, or the mediation process fails, then you can apply to court. However, court is always seen as a last resort and you will usually have to show that you have both attended mediation before you can apply. If you cannot afford legal representation, you can represent yourself in court and if you are on a low income, you may be eligible for a reduction in court fees. I advise you, to deal with the matter sooner rather than later if you can. I hope this helps.
ChildSupportLaws Editor 22/01/2018 at 12:41 pm
You would not be able to stop your ex from applying to court for access to your child and/or for parental responsibility. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. However, before your ex applies to court, you would both have to consider attending mediation in order to try to resolve any issues between you. If you refuse to attend mediation, then you would have to prove to the court that your ex is unfit to have the child in his care. The court can order drugs testing, but much depends upon the type of drugs he uses. If you can prove he is violent i.e if he has been to prison, you can also bring this up as a concern if Cafcass get involved.
ChildSupportLaws Editor 22/01/2018 at 12:21 pm
There are only three options here; decide access between them, consider coming to an arrangement via mediation, if not agreement can be made via mediation, your daughter's ex will have the option to apply to court.
ChildSupportLaws Editor 22/01/2018 at 9:44 am
I am sorry to hear this. Mediation is usually a process you have to go through prior to being allowed to apply to court. However, as you live a distance from each other, you may be able to skip this process (although it is always the preferred process). As always mutual negotiation is key here. When emotions are running high it is difficult to be amicable with your ex. But court is always seen as a last resort. If your ex has no transport or cannot afford the two way trip, then you may be able to apply for a child maintenance variation, The main objective is both of you to always put your child's best interests first when coming to any decision. Easier said than done, I know, but mediation will attempt to make you both see this. If mediation fails, then court will be your next option. Unfortunately, yes, it can take time. Therefore, you may wish to seek some legal advice to see whether court may be a more immediate option.
Nikita 21/01/2018 at 9:19 pm
Me and My boyfriend split up because we were not getting along when I found out I was pregnant, I am in my third trimester now and he has shown no help. After we broke up he turned back to drugs, violence and alcohol again. All I got was threats over the phone and he wouldn’t stop harassing me even when I asked him to stop.
If I don’t put his name on the birth certificate could he gain any parental rights? How would I stop him taking this to court and keeping my baby in the right environment and growing up in a happy life?
Lynn 21/01/2018 at 7:01 pm
My daughter just split with boyfriend of 2 years he hasn’t provided roof over their heads baby now 14 months no commitment she lives with me he’s demanding access to see baby now before he was too busy working how does my daughter stand she has full control of baby but he’s on birth certificate she arranged with him to see baby every fortnight 12/5 on sundays thanks.
Adam30 21/01/2018 at 2:06 pm
My partner and I broke up 2 years ago when my daughter was 3. She moved back home 2 hour drive each way, over Xmas I had my daughter and I had arranged For the mother to meet half way on Boxing Day and return my daughter to the mum she then refused and demanded I take my daughter back he whole way so I did hit at a time that suited me as I had plans in the afternoon of Boxing Day. Since then the mother has blocked my family and myself has stopped any access and the only calls i can make are as and when my daughters grandmother is with her on random days. She has asked for mediation which I’m going to attend as all I want is to see my daughter how ever this can be a long process, can she block me from Seeing my daughter? me and the mum have argued in past but nothing serious just over access and the fact I have a new partner which she is jealous of I feel as I’ve moved on and she hasn’t. she has depression and has previously had suicidal thoughts and has messaged me to that effect as well as now struggling to pay bills as she is off of work. I have paid csa from moment we have been apart. I do everything I can for my daughter but because I’ve fallen out with the mum it feels like I’m being punished by not having access to my daughter.
AF 20/01/2018 at 7:35 pm
I have a 2 yr old son, who I have not seen now for 6 months. When he was born we were on the verge of breaking up, which happened shortly after. We were both present when his birth was registered and I am named on his certificate. Prior to the 6 months mentioned above, I saw him regularly weekly and sent her money each time I got my wages. We have spoken a few times during the 6 months, however I never get to see my son. What course of action would you advise?
10985 19/01/2018 at 4:59 pm
My ex and I split up whilst I was pregnant and my child is now 2 and a half. We have an agreement in place where he is supposed to have his child every Wednesday night then every other weekend (sat- Monday).
He regularly books things on the weekends that he’s supposed to have his child so doesn’t end up having them.
He’s now threatening court as he wants more days with his child. I’ve been contacted by a mediator and expressed I wanted commitment from him for at least 3 months with him consistently having his child when he is supposed to, prior to making any changes. He has disagreed with this and proceeding with court. I’m just wondering where I stand in regards to this?
ChildSupportLaws Editor 16/01/2018 at 11:09 am
It is highly unlikely a court would remove PR. However, if your ex has broken the restraining order and attacked you and is in prison as a result, then you can apply for a child arrangement order through court to ensure your child should live with you on a permanent basis, You can also request that contact be removed. Whether it is or not would be up to the courts. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. You may also be able to get Legal Aid, if domestic violence has played a part in the application, and here. I hope this helps.
Kassy 15/01/2018 at 3:03 pm
I have split up with my ex partner when my son was 6 months old. Throughout the relationship he has been controlling and aggressive. He did not look after the child, he did not change him, feed him, paid any money. He forced me to put his name on the birth certificate and to give my baby his surname otherwise we would beat me up. The first time I have contacted the police was when the child was 6 months old, I have ended up in the hospital after he became aggressive with me. He then had a restraining order put in, to not contact me and not enter my street. He was allowed to see his child through third party, but he did not see the child once. I kept on receiving aggressive messages though stating that I am refusing to give him the child. When I went on a holiday, he broke in to my house and ended up in jail. He got out in December 24th. So because it was christmas time, and I wanted my son to see his father on christmas day I asked his sister to take my child to him. He then ended up not wanting to give him back. He became aggressive and we had to use force to get the child away from him. Things like this has been in place for several months and I am just fed up with it. He's in jail now for breaking the restraining order and attacking me on the street. I am scared that when he gets out of jail he will want to see his son and I do not know what to do. He has the PR and I just want to know whether there is anything I can do to take it away from him or at least reduce it in any way. He never bothered with his son, never supported me, never paid for anything. He uses him as a weapon. I do not see him as a real father and just want the best I can for my son. Thank you for any help in advance
ChildSupportLaws Editor 15/01/2018 at 12:26 pm
Firstly, the court will take all of what you say into consideration and would not expect you to hand your daughter over to a stranger. If an order is put in place, a contact centre or supervised access would be considered first, with access slowly building up to unsupervised. Usually, the parents are requested to attend mediation before court will allow the matter to go to court (unless one party refused to attend). This would be less stressful than the matter going through court. There is no guarantee the court will award access, if your daughter knows another person to be her 'dad'. However, as in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
ChildSupportLaws Editor 15/01/2018 at 11:39 am
If you stop access, it is an open invitation for your ex to apply to court. In the first instance, if you both have a disagreement that you cannot solve between you, then you should consider requesting your ex attends mediation. If you stop access and refuse to discuss the matter via mediation, then court will be the next option for your ex would be court. If the matter goes to court, then the court will always decide what it thinks is in the best interests of your child. Any court order awarded through court would have to be adhered to. Therefore, communication and negotiation are always best and if you cannot do this between you, then mediation is the next step. A court would be likely to reinstate access (if access has been consistent to date) unless you can prove 'categorically' that your ex should not be allowed in your child's life.
ChildSupportLaws Editor 15/01/2018 at 10:23 am
If you are the day-to-day carer of your child and the father has kept your child previously without authorisation, and you live in fear of him doing so again, then you can apply for a child arrangement order through court which will determine who your child should live with, If your child normally lives with you and there is no concrete/provable reason why your child should not live with you, then it is highly likely the court would grant the order in your favour. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. The child's best interests are usually judged as stability and consistency etc and a court will not attempt to disrupt such an arrangement. However, before you apply to court, you may wish to suggest mediation to your ex in order to come to an out-of-court arrangement. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings, and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and help you reach a decision that you are both ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides.
Dan x 14/01/2018 at 5:02 pm
I have always allowed my ex partner to have contact with our son (now 8) over the past 3.5 years he has been in and out of my sons life choosing when he wants to see him and doesn’t support him in any way. Also when he visits I drop him to him and collect him.
In the last 6months plus since finding out I have a new partner he has been as I would put it brainwashing my son into misbehaving at home being extremely rude and nasty and has told him to do this to get rid of my partner.
Every week (unless he lets him down) I dread him going as he comes back being so terrible.
I am really considering stopping him from seeing him as I believe in the long run the things he’s putting in his head will be extremely damaging.
Does anyone know where I would stand with stopping access? Thank you
Leannemp15 14/01/2018 at 5:47 am
Me and my boyfriend have a daughter together who is only 8 and a half months and things have got very bad between us we constantly argue and he has accused me from day one and has stopped me seeing or having friends. I tried leaving him before but he refused to give my daughter back so i can take her home. I had police out and they pursaded him to give her back. The reason for him to do that was because i had tried moving on and he didnt want me to so he used her as a weapon against me. Well i think its time i left for good this time but im scared he will try take her again. He has PR but she doesnt settle with him and every time she is at his house she is looked after by his mum while he plays on his play station and when he stayed at mine he wont do anything with her. Im always the one that feeds and changes her and gets her to sleep. Ive had phone calls from him with he screaming and crying saying she wont settle for him so ive had to go pick her up at gone midnight. What should i do i cant risk him keeping her from me again my son (her half brother) would be devastated he loves her to pieces and i cant live without my kids under my roof
Lornalou 13/01/2018 at 10:09 pm
My daughter’s biological Father has never wanted anything to do with my daughter. When he found out I was pregnant, he blocked me from all forms of contact. I finally found him again on Facebook in 2015 when my daughter was just over a year old. I approached him, told him all about my daughter and offered him the chance to get to know her. He told me he wasn’t interested and told me to make someone else her Dad. I had to go through the CSA just to get a DNA test from him so i had something to show my daughter when she was older. I have litterally heard nothing from this man since 2015. Although now i’ve just randomly recieved a letter through the door from a court telling me that he’s applied for a child arrangements order. I’ve tried to contact him again, asking him, why now after 4 years? And he’s completely ignored me. Surely no court will allow him to just stroll into her life and have imediate access?? He’s a complete stranger to her and me. He didn’t even know she was a girl until I approached him 2015. He’s never paid a penny for her, never met her, spoken to her, he doesn’t even know her D.O.B! Does anyone know where I might stand on this? My daughter deserves to know the truth but we don’t know this man, she calls my Husband Dad. Am I really about to sit my 4 year old daughter down and tell her she’l be off to a random strangers house every other weekend? Any advice would be greatly appreciated.
shannon 12/01/2018 at 5:04 pm
Hi My ex has not been involved in his sons life for 6 years my son is 8. I have had a letter off the solicitor to say will I try mediation with him. even when he was in his life it was when it suited him. I have done mediation before and he never stuck to what he wanted . He tryed to run me an my little boy over when he was 2 and threatened to set the house on fire. has he got any rights as he has not bothered for 6 years
ChildSupportLaws Editor 12/01/2018 at 10:18 am
The fact your ex is not registered on the birth certificate gives him no current rights and the court will not make a judgement upon you for not adding his name to the birth certificate. However, before any court application will be allowed, you and your ex would have to have refused to attend or failed at the mediation process first. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings and is a formal negotiation. The courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and help you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. Therefore, you may wish to consider mediation first. If the matter goes to court, then as in all cases, the court’s main concern is the welfare of the child/children in question. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order. This means once the matter goes to court, you would have no say in what the court decides and both you and your ex would have to keep to any court order awarded. If the children are young, this order may begin with supervised visits, but lead to unsupervised visits/overnight stays over time. However, it is impossible to predict what a court may decide.
ChildSupportLaws Editor 11/01/2018 at 2:49 pm
Much depends upon the age of your children. Children over the age of 11, are allowed to give a preference (if the matter goes to court). However, as in all cases, the court’s main concern is the welfare of the children in question. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order. If both parents have parental responsibility, then they are considered to have equal ability to care for the children. However, if one parent is the usual day-to-day parent of the child, the courts will generally leave this arrangement in place with the other parent becoming the non-resident parent. The primary carer is the parent who usually is allowed to stay in the house with the children until school-leaving age where parent's cannot agree. If you can, either mutual negotiation, or mediation would be the best way to agree who becomes the primary carer. If you feel your husband is alienating you from the situation, you may wish to seek legal advice, as 'parental alientation' is being treated more seriously in court.
Advicepleasè 10/01/2018 at 9:04 pm
My husband and I are soon to be divorced we have 2 children. He refuses to move out and says I should be the one to leave. In the last 2 weeks he has pretty much taken the children out every night without me which it extremely unusual.
The children have a different attitude towards me - especially our daughter and I'm beginning to feel pushed out and alienated from my children. My soon to be ex has been emotionally and mentally abusive to me in the past and I feel he is doing this to hurt me and get the children 'on his side' so they can choose to live with him and I will have to move out. He is adamant they should choose where they live. Any advise would be gratefully received.
KateW 09/01/2018 at 7:13 pm
My ex is threatening me with court because he isn’t happy with the contact that he has with his children. I would like it supervised (just for now) because of concerns and because of advice from safeguarding, women’s aid and my support worker. In summary, I left when I was 7(ish) months pregnant with twins because of violence. He then left the country before the boys were born to start a relationship. He didn’t reply to the message I sent when they were born and when they went in to special care for a month, I told him and he replied - thought someone else would be looking after them. He continued his holiday knowing they were in special care! They have both been taken in to hospital in an emergency ambulance and he ignored my messages about this. He has since had on/ off contact, as and when it suits him, he can be very helpful and nice when he wants to be but then when he isn’t happy, he says he’s going to court and not following my demands (even though I’ve never stopped him seeing the boys, I’ve just said it’s too soon for him to have them on his own at his house because of what’s happened) My question is, because of the situation, their age (now 7 months), his behaviour and the fact he’s threatened to take them off me, is supervised contact an unreasonable suggestion? If he takes me to court, will the court say that he can take them on his own? I’d like to build up to this gradually once he proves if he can be consistent, he is okay for a few weeks then he changes his mind when he isn’t happy and says he can’t see them anymore. The latest, because he saw me out with another man, he now doesn’t want to see them and is taking me to court. He hasn’t said this directly but an hour after he saw me he text saying he had to cancel plans (this was at 11:30pm on Friday night to cancel his arrangements to see the boys on Saturday at 1pm). What can I do? I want him to have a relationship with them but he’s so temperamental and constantly saying he won’t or can’t see them. I’ve done loads to encourage it but if he takes me to court, what will happen? I have never stopped him seeing them, that’s only ever been his choice so I don’t see how he can take me to court? Also, to add, he isn’t on their birth certificate because at the time of birth, he was out the county for two months and you only have about 40 (ish) days to register their birth and he’d blocked me so I wasn’t able to contact him? Will this affect his court application? Will this reflect badly on me? There was literally nothing I could do, it wasn’t physically possible and I have tried so much to be accommodating with regards to him seeing them. I don’t want the court to give full access at the moment when he’s being temperamental and threatens to not see them. I feel it needs to be gradual and worked on from there for him to prove he is committed. What would be a likely outcome if it went to court?
ChildSupportLaws Editor 09/01/2018 at 12:05 pm
Regardless of what the ins and outs of your relationship is, your ex is the father of your children and therefore may understandably be emotionally upset that you have moved and he is no longer allowed to see them. Also, if your ex has parental responsibility of your children, then by law you are requested to ask his permission to move your children out of the area. If he refuses, then you would have the option to apply to court. However, as you have taken matters into your own hands and moved without permission or any mutual negotiation, this gives your ex the opportunity to apply straight to court without having to request mediation first. However, any threats i.e texts threatening you, should be kept and used as evidence if needed. If your ex puts a trace on you and applies to court, then as in all cases, the court’s main concern is the welfare of the child/children in question. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order. It is highly unlikely a court would order you to return to your former area, but it may allow your ex access to see his children. The problem with issues when they get to the court stage is that the court will decide what it thinks is in the best interests of your children on your behalf and issue and order that you will have to keep to, meaning any mutual negotiation is taken out of your hands. You may wish to seek legal advice in order to fully explore your options.
Rei 08/01/2018 at 6:17 pm
I have recently spilt with my ex due to the fact last year in October I found out from two other women that he had been seeing them and he slept with them, confirming he was a single dad and that I had left him with my children (which is not true) He is a Compulsive liar and for the last five years it had been really difficult due to the fact he lied a lot and I couldn't trust him, I was angry and upset so I took my leave with my children, left my home to live with my parents, I simply had no choice as I felt my children would be in danger and I was all alone up in Norfolk and I needed to be back with my family, My children are very settled but now he has been threatening and saying he will find me and get the children, I never expected this to happen due to us trying so much to make this relationship work, I was stressed and depression hit me hard as I felt useless,I don't know what to do as I'm worried for my children as I don't want them being in a bad situation any advice would help.
Karca 07/01/2018 at 9:59 am
Hi i am single patent, living separate from my husband nearly 3 years. I left my husband for domestic violence..after my son born.. we now have contact to father, he pay, and see my son in my house 1per week but always i am there to control him! but is not good he started slowly pushing psychological my son on his side..telling him you will come sleep to my house?? Or telling him that i was crazy, horrible ...my son one day told me... So also i scare if he would like to get him out alone!!! Pls any advice..i have not any proof that i care mainly about my son.. what to do thank you do much for any help.
ChildSupportLaws Editor 05/01/2018 at 11:20 am
If at any time your ex comes into your house uninvited, you should call the police. If your ex has parental responsibility, then he has equal rights over the care for your/his child. If both parents have PR and one parent keeps the children against the other's wishes, the police cannot help, even if the children do not normally live with them. This is the remit of the courts. However, it is a rare occurance that one parent keeps the child without the other parent's consent. If you feel you can come to an agreement between you both, then mediation should be considered. However, if your ex is being overly aggressive and you do not know where to draw the line, you may wish to speak to someone at Women's Aid, for some helpful guidance and advice. If you don't think you can agree through mediation, then you can apply for a child arrangement order through the courts, , which will determine who your child should live with.
Charlie 04/01/2018 at 2:55 pm
My son was born in 2017 and his father is on the birth certificate so he has parental responsibility but he is very controlling and I am scared of him how can I protect myself and my son from him? I have tried to break up with him and he won’t leave me alone, we live separately and he has broken into my house. When I have been at his house and said I’m leaving he has threatened me and told me to leave but I can’t take my son. How can I handle this situation in the best way? I don’t want him to be kept out of my sons life but I need to have some kind of legal backing to protect myself as I am not physically strong enough and I’m pretty sure words will not convince him of anything. He has never harmed my son and I don’t think he would but he is a threat to me and has reflected controlling and aggressive/ abusive behaviour towards me. What can I do
Mullins 29/12/2017 at 8:49 pm
My ex was supposed to return our son on Boxing Day but never showed up at the agreed meeting place. He has denied me any access and phone calls and after contacting various departments and the police, they have said that there is nothing they can do. I have no idea where he is as police checked his home and he is not there. We have a paper from the court which outlines our schedule which has been breached but I apparently still do not have any legal footing as the father also has PR. I am going out of my mind. Please help.
Willow 23/12/2017 at 1:39 pm
My husband walked out after 3 years together and being married for 9 months. We have a son together who was 3 when he walked out. I have now met and married again and moved away.
My ex is demanding to see his son every other weekend which is not viable due to the distance and is not fair on our son.
I have offered longer periods in the school holidays which would more than make up for the less weekends.
Through out our relationship and since there has been emotional and verbal abuse.
My health has suffered and I need what is best for all of us. Help please
Emily 23/12/2017 at 10:00 am
My ex partner and I have been separated for 4 months now and have a 15 month old daughter. She is living with me and has been seeing her father every week from Friday evening to Sunday evening. My ex partner has commitments on Saturdays so she often stays with her grandparents (his mum or dad) over the weekend. When I drop my daughter off on a Friday, she becomes distressed and doesn't want to leave me and when I pick her up, she is very unsettled on the Sunday evening and it isn't until about Wednesday that she gets back into her routine. I've suggested to my ex that the current circumstances are having a negative effect on her and that there are too many changes. I've therefore asked that he sees her every other weekend. He's told me that I'm unreasonable and that he is going to take me to court over this? I don't feel that he has my daughters best interests at heart. Please can you advise what the courts view on this is? My ex partner was very controlling and sometimes abusive throughout our relationship, but other than a visit to citizens advice and a photo from one occasion, I have no proof of this. When we separated, he asked me and my daughter to leave the flat where we lived with him within the space of half an hour but is now denying it. He also said that it would be difficult for him to see her the first few weeks after we had split. I would like to know where I stand!
baye 22/12/2017 at 7:26 pm
My son's ex is denying him access to his son purely because she is jealous that he has a girlfriend. She is verbally abusive to him, writes disgusting comments about females she thinks he might be with and I'd generally volatile and unpredictable. What strategy can our son / we use to fight for his son / our grandson.
ChildSupportLaws Editor 22/12/2017 at 11:18 am
There is nothing you can do to bring your boyfriend to 'justice' for leaving you when you are pregnant. He has not committed a crime. You can find more information regarding how you can help yourself and your child to adjust to being a single parent
Haddi 21/12/2017 at 8:05 pm
My boyfriend left me after my pregnancy n he is hiding from me my parents r also not with me i am all alone now wht can i do to him any justice is there for me
ChildSupportLaws Editor 18/12/2017 at 2:18 pm
Your only recourse would be to try to resolve this issue via mediation, if your ex will not discuss this mutually. You can feed children for a relatively small amount of money if you budget and/or batch cook meals, so that you all eat together. But you have posed a tricky question to answer, as many working, resident parents have to juggle this kind of day-to-day care of their children as well as getting them to school in the morning. Parenting is a two-way arrangement and many non-resident parents would be envious of the amount of time you have to spend with your kids. If it would be easier for you to have your children overnight, then ask your ex to attend mediation and/or say you will apply to court if she refuses. If the court thinks your ex is restricting overnight access because of child maintenance reasons, then it will disregard this and make a decision based upon what it thinks is in the best interests of your children. If you are having your children over for food five nights per week, then there is a good chance the courts will allow you to have them overnight. If you cannot afford legal representation, you can represent yourself in court. I hope this helps.
Me 18/12/2017 at 12:21 am
Hello I'm the father to two children. I split with my ex because I couldn't co with her alcoholism and violent out bursts at me over the years. I took it on and thought I could help but she never changed and I couldn't take it any more.
Since the split she's had thousands of pounds out of me in cash and threatened me on numerous occasions. I was going to work at 6am finishing at 3pm then getting my children from school everyday and then having to look after them on my own up until 8:30pm at night then expected to drop them off at her house. This has taken its toll on me. She's since had a baby with her new partner and is now claiming csa which is a big chunk of my wages. I'm not bothered about the csa payment what bothers me is when her maternity is over she is expecting me to go back to picking them up after work everyday feeding them and dropping them off. Because csa is based on how many nights they sleep and not hours of care I can't claim anything back. I'm not on a large wage and this will probably cripple me. It's not a case of not wanting it be with my kids it's a case of I can't physically and mentally cope with the pressure. Please advise.
ChildSupportLaws Editor 14/12/2017 at 11:27 am
As a general rule, if both parents have Parental Responsibility then the police cannot intervene to take the child off one parent and give them to the other; the police cannot choose between parents, that is the remit of the courts. However, they are able to intervene and remove a child if there is a perceived risk to life. If your ex has not seen your child for several years, then the police may be able to intervene if your child does not know her father, it may be worth checking with them first if you are concerned. If you feel your ex may take your/his child without permission (which is very rare), then you may wish to apply to court for a child arrangement order which will determine who your child lives with officially, Speaking to the school and asking them to only let your child go with designated parents or guardians will also help prevent any such incidents. It may be that your ex simply wanted some information, which (if he has PR), by law he is entitled to have certain information on his child's schooling etc.
Kaz 13/12/2017 at 12:04 pm
Hi my daughters father has been absent for 6 years (she is 7 now) and today i received a phone call from school stating that a man had turned up at school trying to get information on her. He said he had proof of being her dad but school would not disclose anything to him as he is not listed on family members. My daughter does not know him she calls her step dad "dad" would he be able to take her without my permission since he is on the birth certifacte eventhough he has been absent for near enough her entire life. We broke up because he was abusive and then after the relationship ended i eventually told him to gain access through the courts due to the abuse continuing, which he didn't do just stopped seeing her.
Sarah 08/12/2017 at 11:48 pm
Continued.. And smoking weed, and it's heartbreaking because my son is so close to the grand parents she used to slip up and say she was his mum and the grandad used to say hes a lone parent and my son could bring him a new woman. Which I found strange my solicitor says it always been about the grand parents and that's why they want the access and aren't bothered if his father doesn't step up because they want him to them selfs. I got diagnosed with an illness a year ago even though I've been ill 3 years, with internal bleeding it's a rare desiease spent a lot of time in hospital 4 days every week having treatment running into desecrate measures and they all know this but they still don't make things any easier, still continue to walk all over me and do what they please I went to an outpatient appointment and one of the treatments my body as responded to I haven't been in hospital that much which is great but it's still not the end of the road can anyone give me some hope on what to do thanks
Sarah 08/12/2017 at 11:42 pm
Continued.. Demanded my son, to which I stated it wasn't his access as its every alternative weekend, he then head butted my friend infront of my son and abducted my son, I end up chasing the car as my son was crying as window was down there was no car seat and he didn't even have a seat belt I managed to get my son and lock the doors safe when we got in and rang the police, the police failed to arrest him for weeks because he wasn't there when they went but handed himself in voluntarily. He was released await cps, the day it happened I contacted emergency social care went to my solicitor the next morning to get an injunction for protection of me and my son, to which court supplied it but couldn't accept terminate his rights from abducting him because he's on the birth certificate, I had a court hearing with the family courts the judge saw through his lies and how violent he is he told her he was there but didn't know how my friend got a broken nose, she demanded a written statement to courts which he failed to do. I was obstructed to send my son on his access but grand parents won't cut the apron strings and let him just go out all day while they bring my son up for him, he isn't bothered he thinks freedom comes before the life he created and thinks women and relationships are more important.
Sarah 08/12/2017 at 11:31 pm
Hi I am wanting abit of advice,
I was in a domestic relationship, my son was born in 2014 and my sons father got put on the birth certificate, because I was peer pressured into it after his father beat someone up and it went though court, he got suspended sentence.
Up until my son was 10 weeks, it seemed as although he had changed - basically that my son had a good affect on him, he was proud etc.
I had my own place and we wasn't together because of previous DV, anyway my sister took poorly and my mum wanted me to visit her as her she deteriorated for the worst so I asked my sons father if he would watch his son, he come down and said he didn't wish to watch him, so I was worried for hours about my sister is she ok, I've let my mom down and because I ignored him while he was here and he assaulted me 2 hours later my sister passed away. I felt so heartbroken, didn't want to tell my family what happened to me. Because they had other things to deal with having just lost our older sibling I was so close to my sister she played a big part of my life i used to care for her because she needed a carer, i spoke to the police made statements etc.
And November the same month, I was at home with my son and my neice as she was living with me also due to personal circumstances, and my sons father come saying could he see his son, to which then I was the subject of an horrific attack (broken ribs) how much could someone endure in such a short period of time. I reported this to the police did statements he was charged with this and police had to pass it on to the social services because I was a high risk to domestic abuse and my son, i had an injunction put into place, his contact suspended for 9 months went to court and they didn't find him guilty. Supervised contact changed to normal contact, to which he then re come to mine and again infront of my son and neice in 2015 he ripped my clothes off my back took my underwear and bra off put marking on my wrists and neck and bruises on my body to which I rang into the police he stole my clothes and underwear make up most of my possessions, and still got away with this also, after this i still social care involved, who put my son onto a protection plan, had me go see counsellors for grieving over my sister, domestic violence and freedom and self esteem programmes, single point of access, mental health core groups and panel meetings, while poorly as well. I had alarms fitted and a phone that immediately went through to the police, he finally moved away to work away, did nothing to help what such behaviour he put upon myself and my sons life. And I did everything I had to even though me and my son was the victim a year later my son got took of the protection panel, had been clean for a year, my sons father let us down again but instead of the DV being on myself it was on my friend. Halloween night 2017 my sons father who I didn't know was around was stalking the streets to find me ended up finding me and dem
ChildSupportLaws Editor 07/12/2017 at 11:56 am
Your friend may be able to get advice from Citizens Advice Bureau, McKenzie Friends (some offer free advice, some paid for). Some organisations such as Separated Dads and Families Need Fathers can also help with guidance and advice, whether directly or via forums etc.
fuey 06/12/2017 at 2:56 am
my friend is having a rough time at the minute due to a accusation being followed up by police and mental health issues my friend is struggling and now his ex gf is taking him to court so he loses PR due to his mental health at the minute he knows his daughter can't visit him at home but he meets up with his ex girlfriends father for a controlled visit with his daughter and things have been going well, even tho we think the social worker has taken her side as he seems uncaring about what my friend has to say because of his mental state, my friend can't afford a solicitor so I'm asking if anyone can help with free advice
ChildSupportLaws Editor 05/12/2017 at 3:17 pm
You do not have to register the father's name on the birth certificate, if you do not wish him to have parental responsibility of his child. However, your ex will be allowed to take the matter for access and parental responsibility. If your ex attempts to take his/your child without parental responsibility the police can intervene. You can see the definition of parental responsibility via which
Work 05/12/2017 at 12:57 pm
My partner and I found out I was pregnant about 6 weeks into the relationship (completely unplanned as I'd been told I cannot have children)
I left him two weeks ago because he raped me whilst I was asleep, but now refuses to admit it.
I'm scared to be around him as he is aggressive and volatile, and he's already threatened to take the child away once it's born.
I don't know what parental rights he would have, and I'd give up cs to protect the child.
Can anyone help me? I'm pretty terrified
ChildSupportLaws Editor 05/12/2017 at 11:44 am
When parents cannot agree on an issue, their next option is mediation. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings, contact orders, residence agreements and divorce. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval.
Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. Unfortunately, there is no other routes apart from negotiating the matter yourselves, negotiating via mediation and if mediation fails or your ex refuses to attend, you would have to apply to court. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
DC1307 04/12/2017 at 5:17 pm
Hi.

Myself and my ex split when my son was18 months old and our original agreement was 3 days a week with me and 4 with his mother.

Since then this changes every week depending on her current mood towards me, if I have a girlfriend or am even speaking to a female she loses her cool with me and I tend to lose my cool in messages only.

I am now in a long term relationship and so is she, my issue is that every single week we are arguing about my time with my son as she claims Full PR when I do not believe she has this as I am on the birth certificate yet we were not married.

She cut my time to 2,2,3,2 format following a row after she turned up to my house 30 minutes earlier than agreed to drop off my son and I was not yet home as she had an appointment.

She is now dictating my life and my time with my son as she please while demanding more money and earlier payments.

I love my son and my time with him but she threatens to take him away to her Mums in cyrpus saying I have no rights and if I refuse payment she tells me to go court cause I wont be seeing my son.

I am completely stuck and unsure what to do, what rights I have and where to turn. I feel if I go to court that ill become an every other weekend Dad which I do not feel I deserve as my son means everything to me and he is unhappy when I have to take him home.

Any advice would be eternally appreciated.
Aknoshame 02/12/2017 at 2:00 am
Hi
Just looking for advice really
My son is now 3
Relationship ended when child was 1
Last contact he had with biological dad was 1 year and 4 months and when he gave him back he was circumcised without my permission.
And kept him for longer than he should on many occasions and refused to take him on weekends as he requested
Tried to get CSA from him but he said he weren’t the father and requested DNA test which I would have to pay for and didn’t have the money at the time.
So cancelled CSA and haven’t received a penny
Called constantly to try make arrangements outside courts he got a harassment form and restraining order on me not to contact him again.
As the police had called me I followed the advice and had not contacted him from that date
He got my new partner arrested for a false claims saying my partner gave him a phone call and said racists remarks to him and recorded a call and told the police it’s my partner, the police cleared my partner and said it was not him.
We left it.
Went to mediation to try get a child arrangement order.
He didn’t want anything to do with me or his child so they said I would need to take him to court again I didn’t have the money for this at the time so left it.
He has made no effort to contact us until recently I received a letter in the post a Birthday card for my sons 3rd Birthday
He knows where I live but I know nothing about his whereabouts and where he lives
Can I do anything to make him leave us alone?
He is on the birth certificate and I just want nothing to do with him
Can I take any legal action to make this happen?
Inez 23/11/2017 at 4:00 pm
Me and my ex split up over a month ago. He has not given me money for his son this month and has said he will start from dec. I was trying to be as accommodating as I can for him to see his son whenever he was free, still to be met with verbal abuse. I have now decided that I want my son to have a routine and said he can have his son on a Wednesday and a Saturday. And once I stopped breastfeeding he can have him over night on a Tuesday night and Friday night, I have said if he wants to see jack on any other days he needs to ask me to see if it ok. He is being very horrible to me, telling me that I do f all all day so I should work around what’s best for him. So each week he see jack on whatever 2 days he has off work. Is this right? Do i have to be at his beck and call?
Granny 23/11/2017 at 12:41 pm
Hi, my daughter and her husband have separated after my daughter found out that he had another family in a
Another county where he'd been working the whole of their child's life and had only seen their child for a few weeks in her 8 year old life. He has now moved near her bringing his other family with him and he's now wanting to take my granddaughter to his home to meet his other family, my daughter has allowed him to see his daughter at her house and will not allow him to take her back to his house, she's happy for him to see his daughter so long as he doesn't take her from the house. He has on one previous occasion been hung over and my granddaughter had to phone her other granny to come to get her as she was in such a state, thinking that he was dead. If she within her rights to only allow supervised access.
Dad of 1 22/11/2017 at 6:26 pm
Hi.

Can anyone shed light on where i stand. My daughter is 10 from a previous relationship. We have been split up 9 years. In June she split with her partner and has been in a refuge since (no voilence was involved in either mother or childen) i have kept regular contact but rather than every weekend i had to change to every 2 weeks as its 5 hours there and 5 hours back due to not driving.

It wasnt fair on my daughter traveling so much. I also called her every day to see how she was. My daughter has said she wants to live with me and my wife if her mom decides to stay in her current area. She also told her mom she wants to be with us at christmas.

I recently had words with her mom about her trying to tell my daughter to lie to me. Since then she has changed her number and cut my contact telling me i can see my daughter every 2nd weekend and call her twice a week between 6-7.

I have parental responsibility and im on the birth certificate which i have a copy of. I am cosidering keeping with me and not sending her back to a refuge when i have her next but dont know what to do? Any advice would be great.

Thank you in advance
ChildSupportLaws Editor 21/11/2017 at 2:00 pm
In this instance, you may wish to speak to the social workers directly to ask why and/or seek some professional legal advice if you wish to challenge any decision.
Em 20/11/2017 at 8:42 pm
My brother and ex partner recently had their children removed from their care due to domestic violence. Because they continued to want to be together child services chose to put the children on the at-risk register and have applied for a care order.
The children have been placed with my brothers ex partners great grandparents and we have been told that they will remain living there for a year, as their mother has been given a year to turn her life around.
My brother is in jail on domestic abuse charges.
What I am confused about is that ‘we as the fathers family members’ have been told that we are not aloud contact with the children. Is this right? We don’t understand why we should be punished for my brothers wrong doing. We have been kept in the dark throughout it all, were not contacted in regards to offering kinship, were just not contacted by anyone. When we contacted child services to query kinship we were told it was too late, disbite the children not even been removed at this time from the parents care. This is all very confusing, we are totally in the dark. According to my brother ‘the final hearing’ is in two weeks time, yet we don’t even understand what that exactly means even. Surely if our family are spoken of, and are prevented from seeing the children, we should be aloud to be there and contest this?
Holla 20/11/2017 at 4:54 pm
Hi I am seeking some advice do e to my ex husband going against a child arrangement order. I was a taking my partner back to court to apply for full custody as I didn't agree when the the order unless the first place. Apparently because I work 30hrs a week and said my daughter could go to a childminder in between me working wasn't good enough and why pay for a childminder when her dad doesn't work. He has a spinal disease and has messaged me saying he could be paralysed with in 6mths if he doesn't go for an operation to have 3 discs removed from his neck. Now I have concerns over his health as he has already taken our daughter out if school Thursday and Friday due to him struggling to get up on a morning and his mother who he lives with also has the same disease. He has been telling our daughter that mammy is bad, naughty and the police will be coming for me. He has been contacting mothers from the school and telling lies about me. He has told constant lies to the police, all of which have been disproven. He's now dictating when I see our daughter and how I contact her. Hope for some advice
G 18/11/2017 at 12:08 pm
I have a court order stating I can see my kids once a forthright on a sat for a few hours, stating things need to progress. I asked my ex if I could bring the kids to my house to also meet my ex and she is refusing. We have been split for almost a year now and I need some support as to what I can and can’t do.
TadN Editor 20/11/2017 at 3:58 pm
@cass - you should certainly put yourself forward to social services as a person that can care for your children. If you have a good relationship and see them frequently, then you should make it known that you are willing. Even if you have parental responsibility for your children, it is never a good idea to take the children without consent.
cass 18/11/2017 at 8:18 am
HI just after some advice me and my partner split up 6 months ago she has just had kids age 1 and 3 taking away from her due to neglect and placed into my sister's care whIle social workers investigate I am not under investigation or either done an thing wrong can I be stopped from taking them into my care
ChildSupportLaws Editor 16/11/2017 at 11:28 am
There isn't very much we can help you with here, as there are no rules either way. If you feel strongly, then you should negotiate these issues directly with your ex, or through mediation in order to come to a resolution. If you cannot solve this disagreement through either of these methods and you stop contact, then your ex will have the opportinuty to take the matter to court. It will then be up to the court to decide on your behalf and what 'it' thinks is in the best interests of your child. Solving this issue between you, is the preferable way forward. If you have got on previously and you think your ex is a good dad, then you would have to ask the question whether you think your ex would put his child into a harmful situation. It may be that your ex isn't necessarily lying, but is being economical with the truth as he doesn't want it to cause any ripples in his relationship with you and/or his child. Most couples move on when they separate and accepting this is a part of moving on yourself. Hopefully, as you would pick a partner that you would trust with your child, so would your ex. Sitting down and discussing this mutually is the best way forward.
Sisi 15/11/2017 at 11:30 pm
Hello!
I’m desperate and in need of help with regards to my daughter. I and the farther of my daughter are divorced but not officially yet as we are awaiting for the court order. We are both Bulgarian citizens with permanent residency in the uk for over 8 years. Our daughter is a British citizen with a British passport. About 5/6 months ago, we came to Bulgaria for holiday, however, after a serious conflict we got separated. And now, the farther does not agree and let our daughter to go back to the UK. I’m absolutely desperate because my daughter is only 1 year old and has missed 4 vaccinations. I have lost my job. I had to register my daughter to a GP here in Bulgaria so that she can be immunised but the doctor says that the different manufacturers of vaccinations have different doses, and some of them are hard maybe even not possible to be found in Bulgaria. The farther is trying to do everything possible so that we cannot return to the UK, to that extend that he has arranged one of the vaccinations and apparently found the right one from the right manufacturer (which I really cannot trust). The rest of the vaccinations are not given in Bulgaria at all, according to the doctor. However, the farther is saying that he will find them. Now, my questions is: having in mind that the court assigns the parental rights to me and that my daughter is a British citizen, do I have the right to want to live in the UK or at least freely and regularly come to visit it? Of course I will let the farther see his daughter as much as the court decides. I do not think the border police has the rights to stop me as they have done so once when I tried to return to the UK. My daughter has entered Bulgaria as a British citizen and would exit it as such. I cannot get any help here in Bulgaria at the moment. Can I do something from the UK in order to return for the vaccinations at least. I’m very concerned about my daughter health. I really hope you can help.
Mumma of 3 15/11/2017 at 3:38 am
Hiya. Just after a little advice. So recently my ex has been obviously lying about where he’s living, and I’ve found out he’s moved in with someone out of the county that he meet on tinder.
My question is... am I wrong in wanting details of where he’s living before I allow my son (age1) to go for sleepovers again. Contact hasn’t really been an issue between us and we normally get on brilliant but I feel very strongly on this.
ChildSupportLaws Editor 14/11/2017 at 11:47 am
Unless you and your ex can agree between yourselves, then you would have to request your ex attends mediation as a bid to try to resolve this mutually. There is no other alternative, other than it possibly ends up in court. In which case it would be left up to the court to decide what it thinks is in the best interests of your child.
ChildSupportLaws Editor 14/11/2017 at 11:25 am
There are no specific rules saying your ex should give you his address (he may have privacy reason why he doesn't wish to). Likewise, it is only natural that you feel uncomfortable about not knowing where your children are staying. In a situation where you cannot agree between you, your only recourse is to try to resolve the issue through mediation. If mediation doesn't work and you stop access as a result, then your ex will have the opportunity to apply to court. Once the matter goes to court, it is out of your hands as the court will then decide what 'it' thinks is in the best interests of your children. Therefore, it is always preferable to try to resolve any matter such as this any way you can out of court.
Baxt 13/11/2017 at 7:32 pm
Hi I would like some advice on my rights and knowing where my children would be. My ex and I broke up over a year ago with domestic abuse and he has moved into a new house but will not give me the full address. With regards to this I have stopped contact until he can give me this information as I would like to know where my children are and that they are ok.

Kind regards
Tay16 13/11/2017 at 10:56 am
Hi, i would really appreciate some help. My 12 yr old son goes to his fathers house on a Friday eve till Saturday eve every weekend. I ended our relationship when my son was a baby, due to my ex being a cannabis smoker, with very paranoid behaviour & nasty temper. When my son comes home on a Saturday he smells of cannabis & cigarette smoke through his clothes onto his skin, always has a bad headache & by the Sunday morning complains of upset stomach & feeling sick, he looks drained & has missed school on more than a couple of Mondays due to being so ill, the school is on my back about his absence. I have in the past brought up the smoking (not cannabis as it gets nasty) & my son smelling when hes home, but i just get 'we smoke on the balcony not indoors' but him & his partner don't, as my son has told us how much they smoke around him, clean clothes i put in his bag alot of the time arent even worn & they stink. What do i do?. I got married last July 2016 & my husband & i are very concerned how this is affecting our son. We have after this wkend told our son he does not have to go to his dads, but i know his dad will kick up. He is also on the birth certificate & my son has his dads name ( i was at the time under pressure from my ex to do this). Myself & my husband worried sick about our son & just do not know who to turn too. Many thanks.
ChildSupportLaws Editor 10/11/2017 at 10:47 am
There are two parents in every relationship, and two parents who in most cases deserve to have contact with their children. How you both agree to this should be organised mutually. If you cannot agree between you, you would have to consider mediation prior to any possible application your ex may make to court. If you still cannot agree between you, then your ex will have the opportunity to apply to court. Likewise, if you refuse to attend mediation as a way of attempting to resolve your issues, then your ex will be able to apply to court. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
Mommytoe&a88 09/11/2017 at 6:38 pm
I need advice, basically had an agreement with my ex and it was working. Until my child had an accident there where she fell in a pond where no adults was around. Me and the ex had a argument over it and I told him he is not having my children as they are at risk. I have frequently contacted them telling him that he is welcome to see them at my property so contact isn’t lost.

He is ignoring all my messages and messaging my child basically apologising to her and saying I’m stopping him seeing them and saying he is going to pick her up from school. With no contact telling me about it. He does has pr as on the birth certificate.

Also he himself and had friends around his and my children that smoke cannabis. He has also stopped paying for them even though he hasn give me the correct amount for months.

Am I within my rights to stop him seeing my children. I have a gut feeling him and his mom may take me to court.
ChildSupportLaws Editor 02/11/2017 at 12:20 pm
You should either request your ex attends mediation in order to try to resolve this issue, and if she refuses you will have the option to apply to court. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. Child maintenance and child access are in no way linked through the eyes of the court. Therefore, the court will base any decision on what it thinks is in the best interests of your child. Standard access usually runs from one or two nights overnight stay every other weekend and one evening (either an overnight stay of non-overnight stay) mid-week. However, this is variable and based on the child's needs, not the parents.
T 01/11/2017 at 10:48 am
What about the other way around. I am a father to a 6 year old and my ex wont let me see my son more then 4 nights a month because she wants to keep the CSA payments high, she gets more money off me. I want to see my son a lot more then what I do, but she wont let me! what can I do?
My name is on the birth certificate, so I am a PR and fully responsible parent. he prefers his days with me and cries his eyes out when ever he goes back to his mum.
I just want to see my son more!
Veev 26/10/2017 at 8:49 am
Hello.
My partner & I registered our 26 day old daughter under his surname & not mine at the registrar.
My mum is saying that if he wants to run away with the baby he can as he’s the only one on the birth Certificate & my surname is not on the Certificate.
Please is what my mum is saying true? & can I add my surname to the birth certificate?
Thank you.
ChildSupportLaws Editor 24/10/2017 at 2:19 pm
You do not have to let your son go. Much depends upon how safe you feel with the arrangement. Many people suffer from mental health issues, but it does not mean they will harm the children. However, if you fear for your child's safety, then you really would have to make the decision that feels right for you and your son. If your ex wishes to challenge your decision and if you will not consider mediation in order to try to resolve any issues, then he will have the option to apply to court. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for a contact order.
Taylor2 23/10/2017 at 10:12 pm
Please I need help . My Ex husband has recently been sectioned under the mental health act . We have separated recently but he now wants to take our son away for 4 nights. I'm so against it . He was verbally abusive but worse towards me just before he was sectioned. He didn't care what impact this had on our son . For that reason I seperated. He has also refused medication as he feels that counciling is the best therapy . His family won't tell me anything about his treatment . I have been to a solicitor and they have told me that the decision is mine as I am our sons main care giver. But why do I feel I'm gonna have to let my son go . Please help .
Mazeth 23/10/2017 at 9:09 pm
My ex doesn't know my child at all even she sees him she cry n she didn't have any contact with them because their said to me it not there child and my parents supported my 4 year old girl so I want them to know each other but when my girl is old enough to understand because his new girl friendsaid ahewill kill my girl.. So when is the wright time to let her know him?
ChildSupportLaws Editor 23/10/2017 at 11:25 am
If you cannot agree between you, then your ex can stop you seeing your child and your only recourse would be to apply to mediation and/or if mediation is unsuccessful, apply to court. While both parents who have PR have the rights to equal parenting, if one parent restricts access against the other's wishes, these are the only options.
Flake 22/10/2017 at 10:18 am
Me and my ex partner split around 18 months ago. We have a 6 year old who we have an agreement I have him 3 weekends a month and she has him the rest of the time. This worked well as she works 3 weekends and I work Monday to Friday. She is now on maternity leave from work and now wants 2 weekends a month. I have said no as she can’t change agreements when it suits her. I am due to take my son away for a few days this week which we both agreed to and now she is saying if I take him she will report me for abduction and stop me seeing him. What can she do legally? And what rights do I have to take him the days we agreed. I have text messages showing she agreed to this.
FathersforJustice 21/10/2017 at 6:33 am
Became a dad recently, got thrown out after 2 weeks for not helping out enough, (apart from being there everyday and doing some nites and working). I pay over £1800k/month (thats what i agreed when we were together, with CMS i am obliged to pay £300) and i get too see our son an hour a week. I have pr. I am desperate to see little Dylan more, what can I do, what access can I realistically get as he is only 6 weeks old....
ChildSupportLaws Editor 19/10/2017 at 11:18 am
Much depends upon where she is moving to and the reasons why she has chosen to move. I'm afraid your question is too ambiguous to answer properly. However, if your ex is taking your children out of the area and social services are not doing anything to stop the move, then you may be able to apply for a Prohibited Steps Order through court. A Prohibited Steps Order (PSO) is an order granted by the court in family cases which prevents either parent (with parental responsibility) from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area with their children. As in all cases, the court’s main concern is the welfare of the children in question. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order. I hope this helps.
Fgw 18/10/2017 at 3:19 pm
My ex partner is moving address my children are currently under social services on a child protection plan and she won't let me see the children is there anything I can do to stop this surely she shouldn't be aloud to move whilst being under social services?
ChildSupportLaws Editor 16/10/2017 at 3:31 pm
If both parents have Parental Responsibility and one parent decides to keep the children against the other's wishes, the police cannot help, even if the children do not normally live with them. The police cannot choose between parents, that is the remit of the courts. However, if the parent does not have Parental Responsibility, the police will be able to intervene. If you fear your ex may do this without your consent, you can apply for a child arrangement order which will determine with whom your children should live
ChildSupportLaws Editor 16/10/2017 at 2:02 pm
I'm not quite sure what your question is here. However, child maintenance and child access have no bearing upon each other and your ex has no obligation to pay any more than his monthly payment. If you cannot agree on an issue between you, then mediation may be the way forwards. It sounds to me as though he seems pretty insecure currently, so is looking for reassurance. However, if you feel he is harassing you, you need to convey some ground rules of when he can contact you, which he should be urged to respect.
Anon 15/10/2017 at 12:32 am
My ex husband and I separated and divorced when our two children were 10 month's and one year. In that time we agreed he'd have the children at the weekend , however he was unhappy with this arrangement as I worked two jobs one at the weekend and midweek. He worked one job. I had a promotion which meant I moved from Yorkshire to Hampshire. And we agreed he would have the children in school half term, even though they were not at school. I'm now remarried and we live in republic of Ireland I have another child. The visits remain the same he comes to see the children and they stay with him in that period.the reason I had to move was of schools they were given two separate schools one in another county. I had to give up my job as I could not be at work on time finish in time to collect both children in time. Also he has paid his maintenance of the children of £260 a month. And no more. I paid my own rent , childcare bills myself and extra curricula activities.he refused to cover any extra for the children and told me to stop work and claim benefits.however I'd have been homeless as the house was private and didn't accept housing benefit. So jump a year I am happily in a healthy relationship and now married. I work part time and we relocated . The children are in a school together five minutes from our house.he is able to contact the children however the children do not want.to talk everyday so I informed hin.of this so we agreed to stick to certain day's. He won't do this and now emails me , Skype and.watsapp me around 6/10 times a.day I've asked could he not do this but he.won't listen. We have agreed on this outside of courts and I feel it can remain amicable but he won't respect my wishes.And he allows every member of his family to contact me at any hour. It feels like harassment. My husband the children's step father pays for everything for the children and he still only offers £260 and refuses to pay for their extra medical costs. How can I be co parenting when he only wants to do basic and no more. But be so demanding. Our children have never seen is in.a relationship so happily accept they see papa in.half term ?
Mykids 14/10/2017 at 8:45 am
Hi
My ex husband is threatening to take my children out of school and keep them.... he is their dad. Can I do anything about this?
ChildSupportLaws Editor 26/09/2017 at 4:00 pm
I'm afraid this is beyond our remit to advise, give the complexities surrounding the case. The fact your ex is living with and has the supervision of her parents has meant that your new child will be considered to no longer be at risk. I can only suggest you ensure that you take the matter to court (if your ex disagrees with any proposals you make) to at least to gain contact for both you and your new child's sibling if a child arrangement order is not granted in your favour.
Andy 22/09/2017 at 5:30 pm
In Jan 2014 my wife left with my daughter and lived in refuges for nine months claiming domestic abuse.
Private proceedings began

In Aug 2014 judge urged that unless I was assessed as capable of caring for our daughter, she should go into care.

In Sept 2014 my wife returned to the family home with our daughter.

In Jan 2015 my wife left with our daughter and lived in refuges for nine months, then moved into her grandparents home

In Nov 2015 I was asked by my wife to have our daughter live with me full time because she couldn't cope, I agreed.

Jun 2016 residency order for our daughter granted in my favour.

Oct 2016 contact final order granted.

Nov 2016 my wife wanted to make a go of things. I agreed to us making a go of it but not to my wife moving back in with us until we had marriage counceling and Social Services agreed.

Jan 2017 wife moved into a rehab to get help with alcohol dependence. Two weeks later informed me that she was pregnant.

Since Jan my wife has been denied unsupervised contact with our daughter due to her admitting to emotionally and psychologically abusing our daughter, failed to turn up to contact with our daughter.
Continued to ask if she can come home, petitioned for divorce, cancelled the divorce and then repetitioned. Our baby is subject to a child protection plan. Our baby is due in 10 days and my wife and baby will be homeless.
I've been asked by social worker if I would be willing to have our baby live with me and our daughter.
My response was that I believe our baby will be at risk of significant harm if he doesn't come to live with me.

Social services have decided that baby should live with my wife at her grandparents until she gets herself sorted and if I want to have contact or residency I should get a lawyer.

I don't understand why our baby can't be placed in my care from birth, I have everything ready and I'm more than willing!
ChildSupportLaws Editor 22/09/2017 at 12:29 pm
I am sorry to hear this, which is every parents worst nightmare. How much the police can help is dependent upon your personal situation. If both parents have Parental Responsibility and one parent is keeping the child against the other's wishes, the police cannot help, even if the child does not normally live with them. However, if the parent does not have Parental Responsibility, the police will be able to intervene. To apply to the courts, you will need to fill in form C1 found at Gov.UK here. A court fee of £215 is also payable though you may be able to get assistance with this if you receive benefits or have a low income, If you cannot afford legal representation, you can self-litigate. Litigants in person must be treated equally before the law and have equal access to justice. Ordinarily, the court will give notice of the hearing to both parties so that they can attend and give their side of the story. However, if you think that your child may be in danger, then you may be able to apply for an emergency without notice hearing which will be much quicker than a full "with notice hearing". However be aware that this will only be a temporary solution and that any without notice hearing will be followed shortly after by a full "with notice" hearing in which the court order may be changed. If you are considering this option, seek professional advice or contact your local Citizens Advice Bureau for some free assistance. Remember, that whilst the police cannot take a child away from a parent with Parental Responsibility, they are able to intervene and remove a child if there is a real risk to life. If you are concerned about a real and immediate threat to your child's safety, speak to your local police force and social services. However, you will need evidence of those concerns. I hope this matter resolves itself soon and without having to resort to court.
Stressedmum 22/09/2017 at 2:00 am
My ex and I split 7 years ago, we have always had a good relationship. He has had a gf for 5 yrs, no issues from me with this. Our daughter is 9 and I have always pushed contact as it has been erratic with his work, however he has issues with depression and alcoholism which I believed to be under control, However I have found out recently that his gf also has mental health issues and M.E and 2 years ago cheated on him causing him to have a 'mental meltdown ' where he made several attempts on his own life, she made threats on her life if he left her. During this time my daughter was having contact with them both at weekends (I was not aware of what was happening) my daughter started not wanting to go there saying her dad was always at work and she was bored as the gf never did anything or went anywhere, I spoke to her dad and we agreed to reduce contact. I have since found out that my daughter was being left in the house with gf whilst father was at work 9am till 10pm, with the curtains closed and not going out because gf was having a bout of depression! They are both on medication, he is still alcohol dependent and I'm concerned for my daughters welfare. I have stated my daughter is not to have contact with the gf at all as I don't want her involved in such a destructive relationship. I have agreed contact 1 day a week with her father ( he drinks in the evenings) to be home at 6pm. Where do I stand legally if we go to court which he has threatened to do? All of these issues with him and gf are documented medically i.e. Suicide attempts, alcoholism etc
Worried_mom 22/09/2017 at 12:24 am
Hello
My baby's father and I broke up when I was less than three months pregnant due to a mental condition that has which causes him to hurt himself or break things when he is angry or frustrated. He admitted to me that he new about his condition before but he was afraid to tell me. Then he refused to get treatment and I decided that this situation wouldn't be safe for me or my baby. He now says he doesn't have any mental problem. But other work colleagues have witnessed his behaviour before so I have them as witnesses. During pregnancy I was fairly afraid of him so I didn't want him at medical exams because I felt it was a breach of my privacy, he never asked me if I was ok or even checked when was the baby due for the last 3months of my pregnancy and when the baby was born he only found out after 3days when I was already at home and only CE to see the baby after a week. We have a written agreement that allows him to see the baby a couple of times a week if he follows all the rules which he signed and he agreed to pay a small amount every month for the baby. He isn't on the birth certificate though. I am a bit worried now because he has started to be a bit menacing and saying he wants to have the same time with the baby that I get but I don't trust him. Can he take my baby away from me?
ChildSupportLaws Editor 21/09/2017 at 1:48 pm
You would need the permission of your child's father, for more information.
Mills 20/09/2017 at 5:15 pm
My daughters father hasn't seen her for twelve and a half years she will be 13 next week can my partner adopt her as he's been he dad since my daughter was 5 months old do we need my daughters fathers permission
Izzy Editor 22/09/2017 at 12:32 pm
@Loopy looo - tell him to apply to court and then block his calls, simple.
Loopy looo 19/09/2017 at 11:24 pm
Hi my ex has contacted me after 13 years of no contact with my son he is demanding to see him. In a threatening way towards me he has 4 other children that I know off he's not allowed to see them but which is apparently a social services order because of drugs mainly, he's violent hes been I jail loads of times. He doesn't know where abouts I live but I think he knows which town I live in. I'm so scared he once had contact in a contact centre but he gave that up after his first visit he also has said to me to pick up my f' ing kid or he will put him in care. He can send messages to me threatening all the time I never hear nothing at Xmas or his birthday. What can I do? I'm worried
Demi 19/09/2017 at 11:15 pm
My ex partner of 3 years has taken our 2 year old and is point blank refusing to bring her back to me (her mum) and two sibiling where her bed and clothes are he is on the birth certificate also. Just wondered where I stand as in a single mum on benifits and don't have the 300 court cost as legal aid isn't an option any more
ChildSupportLaws Editor 19/09/2017 at 10:22 am
The courts are unlikely to force an unwilling parent to see their child as it would not be considered to be in the child's best interests. As a rule, the standard access arrangement is deemed to be every other weekend and one night in the week. If you can suggest mediation in a bid to come to some sort of voluntary agreement, then this may work better for you both. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are both ready to agree with. But there has to be compromise on both sides and couples have to come to mediation with an open mind and be willing to discuss things in order to reach a mutual resolution that first and foremost benefits your child.
Leanne 18/09/2017 at 2:01 am
Please help me. I am going through a divorce and we have a nearly 2 year old. Currently her dad sees her every other weekend Saturday and Sunday 9am to 6pm on both days and claims he is living with his Mum. I have said every other weekend is not good enough as not seeing your daughter for a whole two weeks is not acceptable and have suggested he sees her every Saturday or Sunday to suit himself. He has refused this and won't do it . He blames he is working overtime but I know he is lying. He lies to me about everything he is a pathological lier and this was one of the reasons for our marriage breakdown . His lies are still destroying my life, I can't trust him with our daughter I don't know where he's taking her . What opinion do you think the courts would have on this. Mediation wouldn't work as he's adamant he won't see her every week.
ChildSupportLaws Editor 15/09/2017 at 2:57 pm
Child maintenance is based on his earnings across the year and worked out as an average. Therefore, unless your ex voluntarily offers more money, there is little you can do.
ChildSupportLaws Editor 12/09/2017 at 4:07 pm
You already have residency of your son, especially if your ex has not seen your son in five years. Your ex would have to apply to court if you refuse to give him access and your son does not wish to see him ( you don't say how old your son is). However, the courts will only remove parental responsibilty from the non-resident parent where absolutely necessary.
ChildSupportLaws Editor 12/09/2017 at 2:11 pm
The issue is not what is considered reasonable or not, much depends upon the mutual negotiation between you and your ex. If your ex does not feel the arrangement is fair, then he can request you attend mediation in order to try to resolve the issues between you. If you cannot agree via mediation, he would have the option to apply to court. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. However, one of the standard arrangements set by courts is, as you say, alternate weekends and one or two nights in the week. Therefore, your proposal is not unreasonable.
ChildSupportLaws Editor 12/09/2017 at 2:02 pm
If you plan on moving out of the area and your ex has parental responsibility and shared-care of your children, then by law you would need to request his consent. If, your ex refuses consent and you cannot negotiate an alternative arrangement then to save your ex bringing you to court you personally would have to apply to court to request permission to move. The court will then decide upon what it thinks is in the best interests of your children regarding where they should live. If you can justify your need to move with the children, the court will take this into consideration. However, if your ex can justify why he thinks the children should stay in the locality, the court will also consider this.
Suzie 12/09/2017 at 8:31 am
Hi.
My son hasn't seen his biological father in 5 years, and doesn't want to either. Is there anyway that I can get sole custody of my son without having to go through all the drama with his father.
My son feels scared of him, and I'm trying my hardest to do as my son wishes
Thanks
Tess 12/09/2017 at 12:10 am
Hi the farther of my child was on the birth certificate but was only around the a few weeks. He didn't see our child again for 4 years and then it will only on and off for a cuppa of months. When our child was 5year old he started to see her again .but I got a court order stopping him from comeing anywhere near me for 12 months because of his violence towards me .
And in that time he could of seen our child with a third person there but he refused to do that .
after the court order was up he has been demanding to see our child and threatening to take her when she is at school. I haven't see he can't see her just that it should be at a contact centre. please what can I do to protect my daughter. What right do her farther have to take her
Jade Manuel 11/09/2017 at 3:49 pm
I've recently serparated from my ex partner. Never married. We have a little girl that is one. I have proposed that we have set alternate weekends and then week days I will be flexible, and any evenings he wants her, then he can. Is this a reasonable request? And I've said if he wants to see her at any point then to text me and he can pop over and see her. He's saying this is unreasonable. But I have always taken care of her whilst he's been away working and has never financially contributed towards her. I've done everything for myself with my daughter. Just curious on opinions. He has a very busy job at all hours.
Mags 11/09/2017 at 2:33 pm
I'm considering moving to Newcastle from Manchester with my two children. The youngest is 6 and I have joint PR with my now ex-husband.

His current visitation is split over weekends and weekdays, based on his work rota. Obviously me moving will affect this as he will no longer be able to have her on the weekdays.

I believe he would try and stop the move at any cost but this move is something I have been looking into for a year, as the house is up for sale I cannot afford to live in Manchester for rented anymore and my support system is up there.

Can anyone advise?
SJH 08/09/2017 at 4:20 pm
My ex is in the RAF. Our usual arrangement is alternate weekends and half school holidays. He goes away with work for 12 weeks each year and expects me to have the children when they are due to be with him without any alternative childcare arrangements being put in place. He also doesn't increase his maintenance over this period to cover additional costs for childcare, days out, food etc. Can I insist he organises alternative care and/or payments?
Thanks
ChildSupportLaws Editor 07/09/2017 at 2:30 pm
Your husband would have to refer the matter to court and the court can order his ex to have the test done. A solicitor's letter might do the trick.
ChildSupportLaws Editor 07/09/2017 at 12:38 pm
If you decide to keep your child against the wishes of your child's mother and you have parental responsibility then the police cannot intervene and take your child back to the mother that is the remit of the courts. However, this is never a good idea as it can backfire. The fact your child comes to you smelling of urine, may be more of a problem with your child wetting herself rather than any child neglect. If you fear your child is being neglected You can speak to the NSPCC for further advice . You may also wish to seek some legal advice before you make any decisions regarding this matter.
Kyle 06/09/2017 at 8:13 pm
Hi ive been havin my daughter stay over now for year and ove the last 8 months she has been coming to mine smelling of stale wee ive addressed the matter to her mother but noting is being done social worker is no good ether could i get done if i refused to send her bk home next time i have her and then take it to court im goin out my mind with stress any advice on the matter would be aprciated
Booboo 06/09/2017 at 8:40 am
Can my ex get our child to do extreme sports without my permission?
ChildSupportLaws Editor 05/09/2017 at 12:19 pm
If you feel the current arrangement is not working and you cannot resolve the issues between you, you should suggest mediation to your ex as a way of trying to come to a mutual and set arrangement.
Stelldob 05/09/2017 at 11:58 am
Pls my husbands ex has refuse to do paternity test to prove that the child is my husbands. She keeps asking for money but still doesn't want to do paternity test what should we do. We need advice please
The cheek 04/09/2017 at 8:06 pm
My ex girlfriend will only let me See my child when it suits her hours of work. Im up at 3 every morning for work so I have a split sleep pattern. She wants me to have my child when I get back from work till she finishes work and only then. Am I in the wrong or selfish to say no and that I want set days and times?
DanniH 01/09/2017 at 7:49 pm
I let my ex see our son on a Wednesday for tea and over night Friday to Sunday. He is now saying he is taking me to see a solicitor as he has said he only wants him every fortnight cause he needs a break. Just wanted to see if anybody could give me a little advice as to where I stand with this.. Thank You
ChildSupportLaws Editor 31/08/2017 at 11:20 am
Your partner can apply to court for a C100 contact order. If he has no idea where is children are living, then he can also fill in a C4 form which is an application for an order for disclosure of a child’s whereabouts. This means the courts can put a trace on his children in order for your partner to be able to bring the matter to court to apply for access.
ChildSupportLaws Editor 31/08/2017 at 9:47 am
I am sorry to hear this. You would be best advised to talk to someone, please see Woman's Aid whichThe 24hr freephone National Domestic Violence Helpline (run in partnership between Women’s Aid and Refuge) is available 24 hours a day, 7 days a week. It is answered by fully trained female helpline support workers and volunteers who will answer your call in confidence. Please also see the Refuge link here for more practical-based information. We hope this helps.
Dandan 30/08/2017 at 4:49 am
Hi, I have been 4 children and I have been in an abusive relationship for 7 years, it has been physical, mental and emotional and I want out. I do not want my children around him as every beating has been in front of the kids they have seen it all but he does not seem to care about that but will make things very hard if I choose to do this, I have no family or friends to help me.
ChildSupportLaws Editor 29/08/2017 at 4:02 pm
If you decide to keep your children and you have Parental Responsibility then the police cannot intervene to take the children off you and give them to the other parent; the police cannot choose between parents, that is the remit of the courts. However, it is never a good idea to take your children without consent as it can backfire. Mutual negotiation is always best and where no agreement can be made request your ex attends mediation to try to resolve these issues. I also suggest you seek legal advice before contemplating taking your children without consent. If you are concerned about a real and immediate threat to your children's safety, speak to social services first.
Sam 29/08/2017 at 12:36 pm
My partner has 2 young children with a previous partner. She hasn't allowed him access for the last 2 years to see them. He pays maintenance as he should. He has now recently found out that she has moved with the children so now has no idea where they are living. What can he do about this and what are his rights.
Aiste 28/08/2017 at 1:29 pm
Hi I been separatedoing with my husband for a year 5 mounts ago he did not had nothere to go so I let him stay at myour house agreed to look after them while I was at work I was keeping him he had no income 5 months later I found someone went on a date I knew it for a while my ex got very jealous and had a huge row I endup telling him to leave my home now he is threatening me that he will take kids away and don't want my new boyfriend around the kids he said he wants fool car checharger on him before he enters my house or he will take kids away from me kids are save they not in danger and I look after them kids dad no longer lives with me and don't have his place
Chris 26/08/2017 at 9:46 pm
My partner and I are not married , we have been together for 10 years and we have 3 children aged 4,5 and 6 , I am on all 3 birth certificates , we have recently split up, their mother has a drink problem and I'd almost go as far as saying that she is an alcoholic , she suffers from Bipola disorder and uses wine as a way of helping that , she drinks herself unconscious at least twice a week with light candles in the house (because they smell nice) , my ex partners her mother has offered to take the children and I to live with her as we all as a family believe that the children are not safe in her care , my ideal plan would be to simply drive the children to my ex partners mothers home 200miles away and enrole them in a new school and we all live there , what are my rights to be able to simply take the children from their mother and what if anything could she do about it ? I would be taking them from Wales to Scotland and our children have a very good relationship with their grandmother , thank you
Kay 25/08/2017 at 6:29 pm
My son has a daughter and 6 who has lived with him for approx 4 years , the mother couldn't cope looking after her and asked m son to take her , the little girl is extremely happy , the mother didn't have regular contact for a couple of years then about 12 month ago started seeing her every other weekend, unless she had something more important to do like a holiday or getting married which lasted less than a month , every time they have a disagreement now she says she wants her back, she has been diagnosed with rapid bipolar and my son is scared she will take her and not return her , is there anyway we can stop this our granddaughter has a huge network of family and careers here and is content and loves school
Dad 25/08/2017 at 3:15 pm
Hi I have just split up with my wife can she take the kids away for the weekend with out my permission or does the kids have to sleep that the normal address
ChildSupportLaws Editor 24/08/2017 at 3:36 pm
It is very rare and only in extreme circumstances a court will remove parental responsibility from a parent. If you feel your ex is not sticking to the agreement, you can stop access at any time, it would then be up to your ex to apply to court and it would be up to the court to decide whether he should be allowed access. If your ex does not bother to turn up to take your child when arranged, the question is would he be bothered to apply to court? However, if he did apply to court and if he was successful at gaining access in court, he would have to stick to the court order, otherwise he would be in breach.
Cloee 22/08/2017 at 10:12 pm
Does anyone no the length of time contact has stopped before i can file for rights yo be removed
Jadey 22/08/2017 at 10:10 pm
Hi me an my ex have been spilt up 2 years an hasn't had much contact with my daughter he constantly let's her down we attended mediation an he failed to stick to what was agreed an hasn't seen my daughter for months. How can I go about getting his rights removed ?is that something that can be done as he doesn't stick to what is agreed an there is risks in place as to why he cannot have my daughter on his own. How long does the contact have to have been stopped before I can take it too court
ChildSupportLaws Editor 22/08/2017 at 3:00 pm
You do not have to divulge your own home address to your ex. However, if he wishes to serve court papers in order to take the matter to court, then he can fill in a C4 form (which is an application for the disclosure of the whereabouts of a child). This means the court can put a trace on your children to allow your ex to bring the matter to court. However, you can still request to keep your address confidential from your ex and the court will take this on board. But, at the same time his request for access through the courts can go ahead.
ChildSupportLaws Editor 21/08/2017 at 2:59 pm
If you have parental responsibility the police cannot intervene to take your son off you and give him back to his mother (unless there is a child arrangement order in place which is determined through the courts that specifies your child has to live with the mother). Where two people have PR, the police cannot choose between parents, that is the remit of the courts. Your best option is to apply to court for a child arrangement order which will determine with whom your son should permanently live. Until you do this, or until this goes through the courts for the courts to decide, you cannot stop your ex taking him back where and if the opportunity arises. However, please be aware if the matter goes to court there is no guarantee the court will rule in your favour. Ultimately, the courts will always decide upon what it thinks is in the best interests of your son. The fact your son is now 10 does mean he will be asked his opinion, but that's not to say the court will agree. If you cannot afford legal representation through the court you can self-litigate and the court has to treat you equally, Also, if you are on a low income you may be able to get a reduction in court fees. You may also be able to seek free further legal advice via Citizens Advice Bureau.
Turner1989 20/08/2017 at 10:00 pm
I have a 10 year old son with my ex. (We have been separated over 7years now)
In the last year a lot has come out about her ex and the horrible part he played. In my sons life. This is now an ongoing court case.
Anyway, inter last year since it all came out, she has been failing as a mother! She neglects him, never sees him, is forever pinning him on family and friends so she can go out drinking etc.
My poor son is miserable. I have spent 12 months trying to make her realise she needs to step up! In Feb2017 she continued to make my life hell for me and my partner and a harassment order was put in place by the police so she can no longer contact us directly.
This month (August 2017) was the final straw, as I found out via social media she had kicked my son on to the sofa out of his bedroom and redecorated it without him knowing so her friend come fly back from Cyprus to live in his room for a few months!
This also came after finding out she had breached her Social services agreement of not being allowed to introduce him to a new partner. She tried to introduce him to a new man last week but he refused!
I have now taken my son off her and I am refusing to give him back.
He is not safe or well looked after in her care.
He willingingly wants to live with myself my partner and her 6 year old daughter. And has even told him mother this.
I have PR as I am on his birth certificate.
My question is WHAT DO I DO NEXT!? How do I legally stop her taking him? And how do I get an agreement for him to live her? (I don't think she will be happy about this)
I have been shoved to different options and have no idea what I need to do. I'm afraid she will take him if she ever sees him and at family houses whilst I work and il lose him as I know 100% she will keep him from me and my family if she gets him. Despite him not wanting to go back.. he also is contemplating moving schools to be nearer our home as school run won't be easy with 2 kids going to school in different towns. Again she won't be happy.
I need to know what to do next, without it costing me a fortune.. I am self employed and won't be issued legal aid. I'm in desperate need of advice and help!?
Thank you
Quirky 18/08/2017 at 8:36 pm
Hi. I have been separated from my husband since 2013 due to various issues ..too long too list. I have PR for the 2 daughters aged 16 & 14. We moved in 2015 as wanted a fresh start but contact has always been maintained weekly visits and 2 weekly phone calls. He is now registered disabled & children don't want to go out and can not stay over at his place as warden controlled. However my question is does he have the right to the home address. He is quite aggressive verbally and has been very spiteful as is demanding his rights. Where do I stand pls as don't want him to know. Tia
Rhi 15/08/2017 at 4:40 pm
Background: In a relationship which ended May 2016. We had a son together born February 2016. We remained friends and he was coming a few times a week after college to my house (I live with my grandparents) to see our son, alternatively we met in town or park. I entered a new relationship and father met him a few times, all was well until September 2016 when the father blocked all contact with me and didn't see our son until just before Christmas 2016. The reason for this was because we had met in town and he was pushing the pram as I was walking behind on the phone, he pushed the pram across a road without looking and a car was coming around the corner, I shouted and called him some names and we parted ways and I took our son home. That day he stopped contact. Christmas was fine and he spent an hour at my house with our son opening a few presents. Again all was well, we took our son swimming for his first birthday and he had a good day. Shortly after his first birthday we had an argument (he was supposed to see our son on Wednesday and Sunday but had something to do Wednesday so we agreed Saturday and Sunday instead until he changed his mind and wanted to go out with work mates on the Saturday instead, we argued on the Sunday when he came about it and that day when he went home he had blocked all contact with me.) since the 2nd April 2017 he hasn't seen his son or been in contact. He went to see a solicitor and I had a letter saying he wanted unsupervised acces every Saturday and Sunday a few hours each day and each week became more hours added on. I've never left my son since birth, I'm very attached and he doesn't like to not see me so I wasn't comfortable with this, I then sought advice through a free session with a solicitor. We discussed my worries about unsupervised as there was the pram incident and a few occasions where he had been left on the table top changing mat when the father had been changing him and being in my garden playing with our son and he's been on his phone instead of watching him and he's fallen over (which I know all children do but he hadn't been watching him). We discussed mediation and he said if I would like to put a referral in for mediation for me to which I agreed. A few weeks later I had a letter from mediation, the father had been referred before me so it was at his request, I went to the mediation assessment meeting and agreed to do a joint session. The father had requested to be in separate rooms to start with and then possibly sit in the same room, so me and our son were in one room and he was in a different room for the whole session. I tried to compromise and said that for now i have worries about unsupervised and also my sons paternal grandparents have never been a part of my sons life and I didn't feel comfortable with the father taking our son to strangers house (he still lives at home also). I compromised that he could see our son at my home and I would be upstairs the duration he was there,
Julie 14/08/2017 at 3:18 pm
Hi me and my sons dad have been on and off since our son was 8 months old he's now 8. He hasn't made much of an effort to see him once a week that's all picks him at lunch time has him back before tea time for years I've been saying to him spend more time with him but same story. Just can't be bothered and I get told I'm nagging if bring it up to do stuff with with him. He's now got a new girlfriend been together for a couple of months she's already introduced her daughter to my ex not long after started seeing each other. My son went out with his dad one Sunday came back and said he'd went out with his dad's new friend and her daughter. My ex partner went behind my back and introduced our son without even discussing or me even knowing he has a new girlfriend. It's now came to the point we don't speak as he's told he he still has feelings for me and had asked me to get back together with him while he was in a new relationship with his girlfriend . They've recently split up so he says as I told him our son wasn't to meet them again till there serious. We've now stopped all contact with each other he's to go through my mum about his son. I'm planning moving away I don't no how it's going to work with us not having any contact at all
ChildSupportLaws Editor 11/08/2017 at 2:15 pm
If you cannot resolve these issues directly with your ex, then mediation should be your next option. Unless a court order is in place, yes, you can stop access, but this would allow your child's father to apply to court. If a court order is put in place, then you would have to adhere to the court order or you would be in contempt of court and a court order does come with a warning. Therefore, trying to resolve these issues between you, if you can, is your best option.
Jet89 11/08/2017 at 9:57 am
For 5years since my daughter was born I allowed her father to have weekly contact. 4 years ago me and my daughter moved 150 miles away with the consent of her father on the understanding that we split the travel for them to keep contact. I have always made sure my daughter sees him as often as possible (usually most school holidays) yet he has never made the effort to see her in her own environment. He plans to when I say something about it then for whatever reason it never happens. My daughter can be in bham for 2-3 weeks yet he may only see her 2 or 3 times if she's lucky. My problem is every time she knows she is going to see him she gets Really upset - it's actually quite traumatic. He sees this and takes her anyway but my problem is am I within my right to stop contact? I've allowed it to go on for 5 years and it's only getting worse. I've only allowed it so long because I wanted her to have contact and thought it was best for her to have the relationship. Apparently she's ok when she's with him but I don't see it for myself just his word. Even to get her to talk on the phone to him is almost impossible! I hate I have to force her to have this contact when she clearly doesn't like it
ChildSupportLaws Editor 10/08/2017 at 3:28 pm
If your wife wishes to take the children to Scotland to live, then if you have parental responsibility by law she has to request your consent. However, if you fear she may leave without your consent, then you can apply for a Prohibited Steps Order through the court. A PSO, is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area with their children. If you wish to try to prevent her leaving, then you can also apply for a Specific Issue Order. Specific Issue Orders, much like the name suggests, are orders sought from the family court to determine a particular matter in connection with the exercise of Parental Responsibility. These orders can cover a wide range of issues that you and your ex-partner cannot agree on. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order. Your wife can prevent you from having your children for a holiday, and your unfortunately your only recourse would be to consider mediation in order to try to resolve these issues, the last resort is always court.
560AAE 10/08/2017 at 10:15 am
My wife and I are splitting up as she is not happy. We live in Devon (3yrs now) and our children go to school locally. We have a house, my wife runs a business there and we are registered to vote there. I am in the Forces and am currently based elsewhere in the week but travel back every weekend to live at home and be with the family; this arrangement has only been for this last year and will only be for one more year: it is part of our last 'big push' towards retirement so that we can settle the kids and her.

She's now says that she wants to move to Scotland because she wants the support of her mum and dad and has taken the children up there for the first part of the school holidays. It was always the plan for her to go to Scotland for a fortnight at the beginning of the holidays, but for the children (and possibly her) to come back down to spend my leave with me and my parents before beginning school again in September (in Devon). She now intends to stay there (i.e not come back and start the kids in a new school and education system whilst living at her parents).

She has not properly consulted me on this and knows that this is very much against my wishes due the detrimental effect it will have on their education/stability and the difficulty in fair access for me (they live in the highlands near Inverness) yet still intends to go ahead with it. I am not an abusive or adulterous husband and have emotionally and financially provided for my family and am an extremely involved dad, taking my kids swimming, cycling, rock climbing etc every weekend yet I now feel that I am talking to a stranger on the phone. I am also unhappy with the concept of my children living at her parents; her older 'stay-at-home' brother has been physically violent towards my in laws over the years and my mother-in-law routinely leaves the father-in-law as part of one mid-life crisis or another.

Do I have any rights (I know about PR and new law since 2012) that can make her return the children to the status quo until we have at least come to a Family Court abitrated decision?

Also, my wife is now saying that she won't even let me see them for summer leave unless she is sure I'll give them back to her up in Scotland. i.e I can't see the unless I agree to her terms.

Is this even legal? We had previously agreed that I was going to have the children for 3 weeks leave them my parents for the last week of the holiday. Can she literally block access to them if I don't let her relocate?
ChildSupportLaws Editor 07/08/2017 at 2:28 pm
In the first instance, it would be advisable that you speak to her father directly (if you have a relationship where you still talk to each other). If not mediation would be the next option to consider. If you do not wish to take these routes, you can stop sending your daughter if she is upset, but this would give the option for your ex to apply to court and the court would then make a decision based upon what 'it' thinks is in your child's best interests.
Nail lady 05/08/2017 at 7:52 pm
My 5 year old daughter dosent want to see her dad any more am I within my rights as her mum to stop her seeing her dad. She says her daddy dosent car about her any more since he met him new wife. He lets her go on the park next to there house on her own with out supervision. Somtimes when I pick her up in the evening (5-6) she tells me she has only had breakfast all day and no dinner. He is meant to have her Friday and Saturday night every other weekend but he only has her the Friday and that's if it's convenient for him. I have gone to CMS to get maintenance and he dosent always pay He has child care arrears that isn't bothered about paying. Both her dad and step mum say nasty things about me to her and infront of her and it hurts her as she when she comes home she vets and tells me. She cries everytime I tell her it's daddy's weekend. I need some advise on what I can do about this
ChildSupportLaws Editor 28/07/2017 at 4:00 pm
As the father of your child, he within his rights to apply for access to see his child through the courts if you refuse. We cannot specify what the court may decide. The court will always decide upon what it thinks is in the child's best interests when making a decision about a child arrangement order.
ChildSupportLaws Editor 28/07/2017 at 3:29 pm
I'm afraid there is little you can do to force a non-resident parent to see their child. Neither would a court of law. A court will always decide upon what it thinks is in your child's best interests and handing a child over to an unwilling parent isn't. The likes of Family Lives may help you further with regards to your child's behavioural issues and if you feel you need to speak to someone
pearl 28/07/2017 at 12:28 am
I currently am pregnant with my 3rd child but ex partners 1st child. We have had an on off relationship for 3years as it goes hes been cheating stealing and lieing to me for years i wonder as ive allow him to pick me up and drop me for all them years i will not allow that for my child. What action can i enforce where i can protect my child from pain in the future. He has no fixed abode no job flits from woman to woman and has an on off cocaine problem aswell as money issues. I cant and wont allow my daughter when shes born to have her life in this turmoil legally what can i do to stop him attempting to gain access. In all honesty i doubt he will try but i want to do whats best for my baby and want it to backed up legally. Seeking advice please
Soozy 27/07/2017 at 9:28 pm
I have a 6yr old little boy who's absent father will only see him when he's not busy with his new partner
My son is so bad behaved for me and just wants to see his dad more. He breaks things and kicks holes in walls and doors when at home. He's brilliant at school or at his dads so can't understand why he is the way he is with me.
I have literally begged my ex to share the care of our son but he's refused
How can I make him see it's what our little boy needs and wants?
He's refusing to go to mediation and will never agree to having him on days that I require help/care etc
He's had 4 holidays this year so far with his new partner and says he can only see our son 3 times during the 7 weeks school summer holidays due to working all his days off.
Why do I feel like I have to beg him to have a relationship with his son?
He has 2 other children he fought through the courts to see to no avail yet he's refusing to be amicable with me who's doing everything in my power to instigate a relationship between them both.
I need some guidance
Please help
ChildSupportLaws Editor 27/07/2017 at 3:10 pm
Once your daughter is 18, it is up to your daughter whether she wishes to see him or not as she is an adult and can make her own decision. The father has little recourse. Even if he applied to court, if your daughter does not wish to see him, her opinion would be taken into consideration by the courts.
me 26/07/2017 at 1:42 pm
my ex has not seen my daughter since she was 4, has made no attempt to contact her in all this time. He is/was a full blown alcoholic had to stop him from seeing her due to the damage it was causing.
my daughter is now 17, 18 soon and hes suddenly made contact demanding to see her. saying her is her dad etc.
I have been married for 11 years now and my daughters name has been changed legally to my married name, we are in the process of adoption this is what my daughter wants.
I have told her he has been in contact and she isnt interested as far as she is concerned my husband is her dad and has called him dad for a long time.
I have received no financial support from the ex and he has no PR as we were not married and she was born before 2003.
Can he actually do anything?
nj1234 19/07/2017 at 9:29 am
My wife and I are concerned about her son's visits to her ex husband. My wife's ex husband left when his son was 2 years old, but has maintained contact a small amount each month, about 4 days on average all done by voluntary arrangement.
My step son is autistic and now 13 years, but high functioning. My wife and her ex husband have tried to maintain communication, but at various stages it has broken down. To the point where 4 years ago they had mediation and things settled down for a time.
Just recently my step son's father has been asking for more contact and threatening court. He has stopped all meetings that we had to discuss my step son's progress and upbringing - his reason being 'I am not getting what I want so there is no point.'.
The only contact we seem to get is when he wants something. Recently he asked for his son's passport information to take him abroad, my wife and I were concerned and asked that he met us to discuss his plans, this was refused.

He wants to see him more and has told his son that we are stopping him from seeing him and denying him opportunites for holidays, which upsets my step son enormously. We have tried to explain this sort of conversation should be had with us in mediation, but the response we get is that his son needs to know this. It has gotten to the point where my step son is returning to us visibly upset and has been lectured for an hour on all the things my wife and I have done wrong and the reasons why his father is now forced into taking us to court.

We have been threatened with court 5 or 6 times in the last 8 months. We are not sure the best way forward, we have had an initial mediation appointment and invited my wife's ex husband, but he declined attending. He has also told us we are not allowed to go to his door to drop his son off or pick up, even when his son was ill.

It almost seems like emotional abuse of his son. We are unsure of the next steps to take. We sought legal advice recently and the solicitor said wait until you get a letter from his solicitor, which never came.
But we are now getting more concerned about my wife's son is becoming quite withdrawn and has said he is depressed and would like to talk to a counsellor.

Are we within our rights to withdraw access from his father if we feel his input is harmful or what are our other options?
ChildSupportLaws Editor 18/07/2017 at 2:14 pm
You can either attempt to resolve the issue via mediation, or if your ex refuses, then apply to court for a Specific Issue Order. Specific Issue Orders, much like the name suggests, are orders sought from the family court to determine a particular matter in connection with the exercise of Parental Responsibility. These orders can cover a wide range of issues that you and your ex-partner cannot agree on, such as preventing someone from having contact with your child. As in all cases, the court’s main concern is the welfare of the child/children in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
MOS 18/07/2017 at 10:40 am
I have an arrangement where I share joint exactly equal custody of my children. My ex classes themselves as alcohol dependent and has been with current partner for 2 years who is also a drinker. In this time there has been several domestic assaults on my ex by this partner. I only discover this through my children. The children have mentioned this to school and the ex has been told by the school to stop seeing this partner. Ex keeps going back and recently police were called and their partner was arrested for assault and this was seen by my children. Ex stated children will never see her partner again. Within a week this partner is seen with the children. My children should not be seeing the violence, drinking and extremely poor role modelling. How can I prevent this violent partner having contact with my children?
ChildSupportLaws Editor 18/07/2017 at 10:27 am
As a parent with parental responsibility, you can restrict access if you think it is in your child's best interests not to see his father. However, if your ex wishes to challenge your decision and you refuse to negotiate either between you or through mediation, he would have the recourse to take the matter to court.
Kk 17/07/2017 at 7:46 am
I've recently split from my child's father, and he doesn't show any effort with my child no more.. as he thinks if he as him I can go out.. when we was together he didn't help as much and always left everything down to me.. also doesn't show much attention too him.. he as a drinking and drug problem on his medical records and also been in prison twice.. but he is on the birth certificate as I was with him for 3 and a half years and my son is 2.. in my best interest I feel as if it is better that my son doesn't see him as he's no role model to my child.. I don't want him growing up around drink and being let down just because his dad his drinking..
ChildSupportLaws Editor 13/07/2017 at 11:00 am
If your ex has PR, then he is allowed to access information about his child with regards to the child's health and general well-being. The school has to also treat each parent equally. If the school does not refuse to give your ex the information on your request, then your only recourse would be to take the matter to court.
Vikki 11/07/2017 at 4:47 pm
My son is nearly 7 and has Autism. He has just moved to a spec school and all of a sudden his biological father has popped up wanting information on him. He was physically abusive when we were together and I have endured domeatic abuse in dribs and drabs since we split. He has a harrassment order against him and is not allowed near me , my son or my fiance. He has not seen my son since he was 1.5 yr old. My fiance has taken on my son as his own and raised him with me. My son called him Dad off his own back and thats who he knows as dad. I do not feel that my ex needs any information on my son and his disability as hes never taken an interest in him at all all he has done is harrass me and my fiance. He refused access when i arranged him 2 days a week to see him , he returned him 1 hr later saying he was "playing up" at which time we did not know he was autistic. My ex has since married had 3 more children and knows he cannot come near us. Is there anything i can do to prevent him getting information. He has PR as he is on the birth cert. Please help
Reds Editor 07/07/2017 at 1:48 pm
@Antony - if your ex stops you taking your son there isn't much you can do apart from try to sort out the problem through mediation or apply to court. You can apply for a special expenses variation on your child maintenance if you are doing a lot of travelling. Women have all the control when it comes to having the kids. You either put up and shut-up or try to fight it through the courts - but go through hell while you're doing it because you don't get to see your kids and you don't know what your ex is going to say in court in retaliation or revenge. It's a tricky position to be in. Dan.
ChildSupportLaws Editor 06/07/2017 at 2:22 pm
You have no obligation to allow your ex to come into your house if you feel unsafe. You can relay this to the courts and the court will respect your view regarding this. If a judge thinks your ex should have access or contact to your children, it will make sure other arrangements are organised. The courts will always decide upon what it thinks is in the best interests of your children when determining how contact or access takes place.
Dcp 05/07/2017 at 10:39 am
Advise needed please: Me and my youngest daughters dad aren't together he was emotionally abusive. Since I've had the my baby (she's 4 weeks old) he's constantly name calling me wishing me dead, he's threatened to take the baby and assaulted me in front of my oldest child. The police arrested him and I received a phone call from social services. I've been allowing him to come to my house for small amounts of times when my oldest is at school but he's being came aggressive and threatening me because I will not allow his children from his previous relationship to come to my house taking into concideration the two times his children have came his 12 year old daughter refused to give me the baby back and had to be psysically removed from her and the second time my ex partner has told me I'm not allowed to breastfed in front of his kids and his son refused to leave the room so I was made to feed her in the kitchen! He's not on the birth certificate because of his threats, I've stopped him from coming to my house because of this and his drug use. Where do I stand legally if he takes me to court? I really don't feel like me and my kids are safe around him ??. Thank you.
ChildSupportLaws Editor 04/07/2017 at 2:41 pm
If you do not feel your child is safe in her father's care then you can prevent access. Or try to resolve your issues via mediation if you cannot resolve them between you.
Red 04/07/2017 at 9:59 am
My ex and I have a daughter who is 3years old, we haven't been together for a couple of years now and I live with a new partner.
My ex has a history of alcohol and drug abuse which ultimately led to the demise of our relationship as I did not want this around my daughter and regardless of how many times I begged him to get help for her sake he never did.
He's got himself together a lot more and has regular contact with our daughter having her every other weekend but under the agreement that as he lives with him mother than she is also there to supervise although this has got lapse recently as he seems to be a lot more responsible.
He's been constantly verbally abusive towards me even now and I've had to get police involved and stopped contact with him completely with all communication going through our mothers. He has still been telling my daughter things that she has repeated that are not appropriate such as comments about my new partner however I have no proof of his drug use but am very concerned as his mother is going away for 2weeks so he will be having our daughter unsupervised for a weekend and I do not feel comfortable that our daughter will be safe. He has agreed that he won't drink when he is taking care of her and I've stressed this as a condition of contact (through a solicitors letter) but I'm unsure where I stand and if I can rearrange/stop him from seeing her when his mother isn't there to supervise.
ChildSupportLaws Editor 03/07/2017 at 3:50 pm
Regardless of whether you are together or not, if you refuse to put the father's name on the birth certificate he is well within his rights to apply for PR. This does not guarantee he will be given it (but it is likely). The court will always opt for what it thinks in the best interests of your child.
LPN 30/06/2017 at 10:05 pm
I am in 2 month pregrant but i don't see my boyfriend and i can be in a lasting relationship. Beside saying he is excited that we are going to have a child together, he has done nothing, say nothing, and having zero plan how we going to be together or how we will raise the child. I'm planing not to have his name in my child's birth certificate, is there impossible he can still take me to cout demanding for a PR? I read your chart but couldn't understand. Please help me with an advice.
ChildSupportLaws Editor 30/06/2017 at 10:53 am
Before your ex is allowed to apply to court, the court will wish both you and he to have attempted to come to a resolution via mediation. Only if you cannot come to a resolution will the father of your children be allowed to apply to court. I cannot comment upon the reasons why he does not wish to see both of your children. However, mediation and/or court would get to the bottom of this and a court will always decide upon what it thinks is in the best interests of your child/children and take both into consideration.
Lmm83 29/06/2017 at 2:39 pm
Hoping someone can give me some advice. My ex and I have 2 boys together, 7 and almost 3 years. He walked out when I was pregnant with youngest and has flitted in and out of our lives. We last saw him 2.5 years ago. He has now told people he is taking me to court for access to our eldest son, he wants nothing to do with our youngest. Can he do this? I'm at my wits end. Surely he can't pick and choose which of his children he wants?
ChildSupportLaws Editor 29/06/2017 at 11:07 am
If your son really does not wish to go to his dads, then you should really talk to his father and/or mediation should be considered to see if you can come to a resolution. Surely, his dad must wish to try to resolve this situation too? Your only other option would be to take the matter back to court to request a variation. If your son is aged 12, a judge will often let the child give an opinion. However, there is no guarantee this opinion will be taken into consideration as the judge will still always decide upon what it thinks is in the best interests of your child. If you go against the court order and stop access you will be in breach and your son's father would be able to take the matter back to court to have the order enforced.
ChildSupportLaws Editor 27/06/2017 at 12:47 pm
You can refuse your ex access to your children. However, your ex will have the option to take the matter to court if you refuse to sort the issues out mutually, or via mediation. If you wish to prove your ex is bullying you or your kids etc, then you would have to keep any correspondence as evidence. However, please remember that any court is not really interested in the relationship between you and your children's father unless it impacts upon your children. A court will always take the viewpoint from the angle of what it thinks is best for your kids. If you wish to stop your ex having contact, then you might wish to seek some legal advice in order to fully explore your options and or the Women's Aid group who can offer you guidance and support.
Geebies85 27/06/2017 at 12:23 pm
Advice needed really.
My son is 10 in October and he hates going to his dads. I make him go every other weekend which us agreed through the courts. What age can i stop forcing my son going to his dads.
Mac123 26/06/2017 at 5:26 pm
I separated from my husband in sept last year. We are both serving soldiers and have 2 children together, 1&3; I also have a 9yo son from a previous relationship. My ex husband is extremely controlling, aggressive and emotionally abusive and has been since shortly after we were married in 2013; my eldest son has been witness to this the entire time we lived together. I never reported any of the incidents because at the time I guess I just normalised it and it would always be 'the last time'

Army welfare suggested domestic abuse charges and also that I attend women's aid group, I haven't done either yet.

My ex very rarely makes time to see his children, instead wants only to FaceTime everyday. If I don't answer (regardless of any legitimate reason) I get Instant abuse.
When he has seen them (11 nights in almost a year) it's been as a result of me begging him to help me and I have to take the children the 60miles on the pretence he will bring them home afterwards. This is when I get I get told if I don't drop everything and collect them then he will send them to his mothers, along with the disgusting abusive texts/threats/phone calls.
On this last occasion he was screaming abuse at me over the phone from a busy train station where he was along with both the children. It's gotten to the stage where I no longer trust that he can keep his temper around them.

Legally (and it's taken a long time to reach this stage) I want him to have nothing to do with either me or the children as I fear for not only safety but the mental state of this relationship continues.

Where do I stand!?
Blue Editor 27/06/2017 at 9:51 am
@Broken - you don't have to sign anything you don't wish to and he has no rights to do this - or to force you to abide by this. Neither will this have any legal standing in court apart from being used in court as evidence if you sign it, that you were in agreement. Say no.
ChildSupportLaws Editor 26/06/2017 at 2:24 pm
Your ex will not be able to apply to court before mediation has been suggested/attempted. Only if an agreement through mediation cannot be reached will he be able to apply to court. Therefore, if you are not adverse to him having access to your children then you have nothing to lose by agreeing to attend mediation. If your ex does not keep to the agreement arranged in mediation, then the ball is in your court, so to speak.
ChildSupportLaws Editor 26/06/2017 at 12:39 pm
If you feel your ex is bullying you, you could try to resolve these issues via mediation through a third party. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. It means you can try to come to an agreement that suits you both. But it does mean that your ex will not have the same aggressive attitude if there is someone else there to help negotiate an agreement.
ChildSupportLaws Editor 26/06/2017 at 11:48 am
Child maintenance and child access have no relative bearing on each other. This means you can apply for child maintenance from the father and this does not automatically guarantee him access. However, some fathers think if they are paying child maintenance then they should be able to see their child. If your ex feels this way, there is nothing stopping him taking the matter to court. If you refuse access and refuse to attend mediation to discuss the matter, then court is the next step. If this happens, then regardless of what you say you want to happen or what your ex says, the court's main objective is to decide what it thinks is in the best interests of your child. This means there is no definitive answer to this question and it depends very much on the actions of your ex and the course he wishes to take in response for your request for child maintenance.
Broken 26/06/2017 at 12:28 am
My divorce is in its last week's and financial papers are about to be sent to court. However my ex is making me (borderline blackmail I feel) sign a private agreement between us which includes him dictating that smoking, vaping, etc cannot be done at either home (my new partner vapes) or our son won't be allowed at said property for a period of time & child maintenance will stop during that time. Also he states if either party file a restraining order against the other, the person who filed can't attend our child's events when the other is there. This isn't in our legal papers, would this have any legal standing? I feel like I have to sign away my civil liberties to get away from him yet I know I'll never be free of him due to his past habits (obviously where our child is concerned too but that is fine)
Libs17 25/06/2017 at 8:11 am
My ex partner and I have two children one is 7 the other is a few months old. We didn't see each other for a very long time he didn't see older child for 4 years but then he started seeing her and then we ended up having another baby but we are not together. Since the baby was born he has seen him 4 times and has made lots of excuses about why he can't see them, and then sometimes there's been 3-4 weeks of silence after an argument. He has now told me he is going 'legal' in regards to contact for my son and daughter. I haven't denied him access I've sent numerous messages asking him to see them, he even missed our daughters birthday last month. Where will I stand? I can't afford court etc. And I haven't actually stopped him from seeing them.
Nicki30 23/06/2017 at 8:34 pm
My child's dad, who we never married but is on birth certificate, always dictates to me when he will see our child. He is a bit aggressive and if I'm honest, I'm scared of him. I've got to the point were I've said he can't have oureceived child every weekend as I'm entitled to some quality time but he kicked off saying I have all week with them. It's not fair and he never let's me get them from his. Do I have a right to say you have our child every other weekend and then I do too and what happens if he won't agree? He is a very aggressive man and my child has even said they want to see me at the weekend but is too scared to say that to the dad. Please help me.
medfriend 23/06/2017 at 5:56 pm
I was wondering. My ex hasn't bothered with our son since he was 1 and half, he's now 6, I let him see him weekly and tried to arrange an extra fortnight visit which he did once and didn't bother again, it got to a point he was turning up late for visits, like he had just left when I text asking where he was, as it was past the time he should be there. The last time he left he said he was taking me to court for access, as he was leaving from seeing our son, I said to him to go ahead, this nevef happened, I've heard nothing from him since.. What I waned to know is, as my son is 6, I want to leave it until he's 8or maybe 10 before I will get in contact with the dad on his behalf, of my son asks me to, as I feel he will be more capable to understand the situation at that age, but I was thinking about putting in a claim for child support, as he has had no contact, isn't on birth certificate, if all of a sudden he decided because he's paying he now wants to be bothered, can I deny him this and explain that I would rather wait until the boy is old enough to understand? . My child is very happy in life and lives by one set of rules, and is almost well behaved lol, I do not want to disrupt any of this for a few pound from the supermarket donor of a dad. (any csa would go straight into my child's savings to help give him a better chance in his adult life. So it's not for my financial gain) . As much as I would like to say yes arrange visits again, I am not trustful of the dad to not let the boy down or teach him bad habits to get him into trouble..... So I'm unsure what to do... Any advice would be appreciated
ChildSupportLaws Editor 23/06/2017 at 10:58 am
If the mother of your child will not allow you to take your child out of the country, you would have to apply to court via a Specific Issue Order. Specific Issue Orders, much like the name suggests, are orders sought from the family court to determine a particular matter in connection with the exercise of Parental Responsibility. These orders can cover a wide range of issues that you and your ex-partner cannot agree on. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. Please also be aware that if you do this, you will need to apply in good time for the matter to be heard in court. You could also suggest mediation to your ex to see if the matter can be resolved out of court.
carmelo 22/06/2017 at 10:53 am
My Ex
want allowed me to take my daughter in holiday
at the beginning i yell her that I totally understand ,because the baby was to little as she was only 4 now is been 7 year that am begin and ask to allowed me to let me take the baby to the sea or world Disney, or let me take my baby in my family in Italy, and she always invented new excuse to don't let me take the baby
ChildSupportLaws Editor 16/06/2017 at 2:48 pm
You are not obligated to allow your ex to have the children overnight if you do not feel it is in your children's best interests. However, if you cannot resolve this issue between you, your ex will be allowed to take the matter to court and the court will then make a decision based upon what it thinks is in your children's best interests.
ChildSupportLaws Editor 15/06/2017 at 12:12 pm
If you split up with your child's father generally contact/access is agreed between parents. If they cannot agree then mediation should be explored in order to come to an agreement. If your partner does not agree with your terms, and you do not agree to try to resolve issues via mediation he will be allowed to apply to take the matter to court.
Nats 13/06/2017 at 7:06 pm
My relationship with my 11 month olds father has turned sour and we have broken up. He is on the birth certificate but I would like full rights and him to be removed from my property and given one day a week to see his son with supervision and to be paying csa because he dot do anything for our son. I pay the bills, buy everything our son needs and put food in his belly and play with him and his toys and I also give him plenty of affection as a mother. I just don't know what to do as I'm only 20 and don't know much about the law when it comes to children other then both parents on the birth certificate equals 50/50 parental rights.
ChildSupportLaws Editor 13/06/2017 at 12:21 pm
If your ex cites this as a reason to stop access to your children and you take the matter to court, it can become an issue. Hair samples can determine the use of illegal drugs for a number of months prior to the test. Hair strand alcohol testing can determine excessive alcohol consumption in approximately the preceding six months. A court can order you to have tests if it has good reason.
BigD 12/06/2017 at 11:51 pm
My partner and I have one daughter aged 9. I have used drugs recreational for decades. However the relationship turned stale years ago and of recent I have started to use drugs more to cope. This all came to light. And I've made a conscious decision to stop using drugs not because it's all come out but because I want to focus on an amicable seoeration. My use of drugs hasn't resulted in any neglect of the kids. I've never stolen. Had the same job for 11 years. The patterns of use haven't been chaotic. No harm has been done. My name is on the birth certificate for my daughter. Can she prevent me from visitation rights with zero evidence of neglect or abuse of my children but nevertheless I've engaged in illegal behaviour. We are not married
ChildSupportLaws Editor 12/06/2017 at 2:51 pm
If your ex threatens you, you can report his for harassment, However, if your ex has parental responsibility for your son and if you wished to change your child's name by Deed Poll you would have to ask for his consent, If he refuses, you would have to apply to court. It is likely a court would allow this on the basis of family uniformity. With regards to access, you do not have to allow your ex to see your son. However, this will give him the option to take the matter to court. That said, your ex would not be granted residency of your child or possibly unsupervised access if he has played such a small part in your child's life to date.
ChildSupportLaws Editor 12/06/2017 at 11:52 am
You would still need your ex's permission if he has PR (he will still have PR regardless of whether he sees your son or not) and therefore you would still have to gain his permission.
ChildSupportLaws Editor 12/06/2017 at 11:00 am
Yes, if he is registered as having PR, this will not end because he no longer sees your child.
JenT 11/06/2017 at 10:59 pm
My partner left me homeless when I was 3 months pregnant with his child. I took our son to meet him once when he was 9 months old but he didn't even want to hold him. My ex pays a small amount of maintenance for our son who is now 11 years old and my ex has never had anything to do with him through his own choice, never a birthday card or any acknowledgement. I'm presuming he has no PR but want to take our son to Africa for a holiday and don't know if I need my ex's permission.
JereMiah01 11/06/2017 at 10:30 pm
My partner keeps treating to take my 2 boys from me
Shell 11/06/2017 at 7:20 pm
My ex has not see his daughter in 5 years dose he still have parently responsibility
KB1 10/06/2017 at 1:07 am
My ex was extremely violent and went to prison for badly beating me up, I had a restraining order that covered me and my son, when this ran out I did agree to my extra being able to see my son when he was with his Paternal grandparents. He didn't always turn up and let my son down on numerous occasions, then 11 months ago he disappeared and hasn't seen my son, he had never paid any maintenance. My ex has now contacted me asking to see my son, I have refused as it's not fair to set my son up for more disappointment, he says he will kick my door in and take him, and then says he will go to court and get custody. I'm about to get married, my son calls my partner Daddy and wants to change his name so that he is the same as his sister and us. My ex had another child with his girlfriend after me he repeated his violent behaviour with her and there is a restraining order in place to stop him seeing her and their son. What can I do to protect my son and stop my ex from causing more upset for him?
Clarabelle 02/06/2017 at 2:41 pm
Do I have to let my ex have the children overnight as he doesn't have a home, he resides at 2 addresses, his new partner and his sister? RegardsClaire
concerned daddy 01/06/2017 at 8:11 pm
me and my ex have been broke up.now 7 months and I have had my daughter from Wednesday 5.30 till sunday 3pm every week since, this week cause we fell out has not let me see my daughter and has blocked my number and my mums number so no one can get in touch, my daughter is just coming up 2 years old, well my ex is due to go on holiday 15th of June for 7 days and I was meant to have my daughter for the full 7 days, but now she is saying I won't be having her and she will be staying with one of friends, my name is on the birth certificate and my daughter has my last name so we have equal PR, could I get my daughter of the friend she leaves her with?
Watty 31/05/2017 at 11:50 am
My ex partner has got herself involved with a violent boyfriend and I have concerns as a father for my to children be ing around him and his influence on them.He has beat her many times and had court cases brought, which she then drops.He has served prison sentences for assault on his previous partners. Police have been called to the house many times because of their fighting and drinking. Social services have been involed because of my ex girlfriends drinking and neglect of the children. Is there anything I can do to get him out of my kids lives. ?? I'm at my wit's ends.
ChildSupportLaws Editor 30/05/2017 at 3:08 pm
If your ex has parental responsibility of your child by law you would have to ask his consent. If he refuses, you would have to apply to court for permission to move out of the area with your child. If you make the move without first asking consent, it means a court could always force you to bring your child back.
Lorna 30/05/2017 at 10:39 am
Me and my ex have broken up i want to leave southampton to skegness 250 miles can my ex husband stop me. Also he has full parental rights to our son no violence or custody orders
ChildSupportLaws Editor 22/05/2017 at 12:25 pm
We cannot anticipate what a court may decide. However, if you have been advised by Child Services, then Cafcass will get involved if the matter goes to court. A Cafcass will compile a report on the basis of the situation. It is their job to interview both parents in the case, as well as the children, and any others who might be needed, such as social workers, medical professionals, or relatives. From the interviews they conduct, the reporter will determine two things: whether there should be contact allowed, and, if so, how much. It’s a measure of how important the Cafcass recommendation is that the court will almost invariably adhere to it. We cannot predict what a court may decide - but its fundamental aim is to decide upon what it thinks is in the best interests of your child.
nc6 21/05/2017 at 8:38 pm
My ex and I divorced when my son was 2. He is now 10. He has had regular access for the past 8 years. My ex always drank a lot, and we had a difficult relationship which was at times abusive. About 3 months ago, my son was staying at his Dads and after his Dad returned from the pub with his girlfriend there was an incident between them which at the time his girlfriend told my son that she was pushed, which she has since retracted. The police were called and he was arrested, though the charges were later dropped because she changed her story. I collected my son and he remained with me. Later that week, Child Services contacted as the girlfriend had been admitted to hospital with injuries including broken ribs and a punctured lung. The hospital didn't believe her story, so got Child Services involved and they contacted me as the protector. They advised me to not let my son go to his Dads as if something happened again, I would also be culpable. My son has also said that he doesn't want to see his father. His father is now looking into the legal side and taking action about the situation. I need to know what my position is, and if there is anything I need to do? Also, what his stand point is given the situation? Thanks
Toni 19/05/2017 at 2:28 pm
lookinh for advice I split from my ex who I have my son to 5 years ago I have never stopped him having access and have always allowed him to be part of our sons life as who am I to play god with my sons life. It certainly hasn't been easy as my ex has always made my life hard as he never got over the split but I have tried my best to make things work for our son. The last 2 years have been hell he has constantly let our son down e.g. Not turning up to pick him up when he has arranged to leaving me no option but to fly home from work to pick our son up from school which in it self is a nightmare as I loose money from work that pays the bills to keep my son warm and fed he always comes up with excuses like I need another chance and I have always gave him the chance because my son loves his dad. The last couple of months have been horrible as he has let our son down loads not picking him up when he has arranged to and my son keeps asking me if his dad loves him and why his dad won't come and I honestly don't have the answers to those questions a lot of people have advised me to stop him seeing the bairn ever his own mother has told me to stop him but I don't no were I stand I never thought I would be in this situation as I always wanted to work things out but how many times do I let him let his son down and upset his son before I say enough is enough. He is not on the birth certificate as the day we went to regiester our son he forgot to turn up that was his excuse so he didn't get put on it. I have resorted to lying to my son telling him things like dads at work or dads not well just to protect his feelings because it's horrible to see his little face so upset I'm at the end of my tether and Im looking for advice if anyone else has been threw the same thing that can give me some pointers on what they might think is the best steps to take
Worried grandad 19/05/2017 at 11:11 am
Advice please hi my son and his partner(not married) have two children 2-1/2 year old and 3 month baby they have come to blows over the reason why she spent a night with another man . He is going to court for 3 charges (serious charges) in October he has pleaded guilty to a 4 th charge of gbh which has been adjourned. His bail conditions don't allow contact between him and his partner.
From day one his partner told us that social services had said he couldn't have contact with the children so we waited then a month later she passed a message through her father and myself that he could see his eldest with both of us (grandparents) in attendance which we did two weeks later (last weekend ) he was told he could see both children this time we went to the location and waited a short time later they arrived with both her parents in attendance they both stayed for the hole time.
We now have spoken to social services and they tell us that they never put any restrictions in place and as far as they are concerned my so can see the children when he wants without supervision.
We now find out that they are away on the bank hol weekend on a camping holiday followed by a trip to Poland which they haven't told us about.
So looks like he won't see them again for at least 2 weekends
They both have p r as my son is on both birth certificates I would like to know
1 can he stop them from going abroad
2 can the access to children be set out with set days each week
3 how would we check or know if any residence orders are in place
Thanks very much
Zola 18/05/2017 at 10:51 am
I need advice... I am in a situation where I have a 1 year old baby and am currently with child. They both have the same father.

I fled their father's abuse and moved to a different state and he is threatening me with court to get on our child's birth certificate. We came to a sort of agreement that he can be on the certificate but now I believe he may be doing it to just take my baby away and not treat her well or see to it that her needs are fully met. He does not send help for her and hasn't sent any form of support since I have been away other than $100.

I do not believe he has good intentions or even a healthy level of concern for raising my children with care at all as he has a drinking problem, frequently smokes weed and occasionally does other drugs, and neglected financial responsibility of our daughter constantly when I lived with him.
I left and I told him I would need a month to just clear my head but I changed my mind about returning for a relationship when he was just nothing but abusive to my character... I don't think staying for the kids is healthy when a partner only brings the other down and they just become a sad shell of a human being. I didnt want that and I didnt want my children watching me go through that.
Before I decided leaving was necessary, he crashed his car while drunk, arguing with me while two of his children were in the back seat (one of them my 1 year old) he then said he would kick me and my daughter out with none of our things at that time and it was 11:00PM and I had nowhere to go in a totally different state from my family.

He endangered us both and I just dont believe he is safe to be close to, not just for me... I dont want to give him the right to be on my child's birth certificate and I would rather have someone supervise him in his care for my children if we do work out an agreement because I dont believe he has good judgement and while I want my kids near their father, I dont want him being granted the same rights as myself as well and suddenly taking my baby away from me and keeping her for only himself just because he in his twisted ideas thinks I was wrong for leaving him when he was clearly being abusive and not willing to do things differently, drinking every single night and not seeking to be a healthy man around his child. What is the best course of action for me right now?
ChildSupportLaws Editor 17/05/2017 at 1:54 pm
Theoretically, you have no rights as a step-parent as you do not have parental responsibility of your step-child. However, should the matter go to court there is a possibility the court will allow access if you have been consistent in the child's life and your step-child has siblings who are yours by birth. With regards to whether you have a say in who your ex decides to introduce to your children, the fact she has PR gives her the natural authority to decide upon what she thinks is in the children's best interests. If you are against your ex's partner having contact with your children and your ex does not agree, if you have good reason then you can apply for a Specific Issue Order. As in all cases, the court’s main concern is the welfare of the children in question. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order. However, before you take this direction it is best to discuss the matter with your ex directly by voicing your concerns if you feel they are legitimate. Mediation may also be a route to consider.
ChildSupportLaws Editor 16/05/2017 at 12:56 pm
The natural parent has agree to the adoption in order for you to be able to go ahead, link.
ChildSupportLaws Editor 16/05/2017 at 12:46 pm
A court will not take PR off a parent on the basis they do not pay child maitenance. Some parents cannot afford to pay child maintenance i.e if they don't work. A court will never take away PR, unless it is absolutely necessary.
Liz 15/05/2017 at 10:30 pm
My son is 8 years old, and has not seen his biological father since he was around 9 months old though his own choice. He then took me to court for access when my son was around 13 months old, which I did not deny at the time, it was simply how much contact that was in dispute. The courts ruled that due to my sons young age, and the amount of time past, he would need to build contact up slowly, starting at a couple of hours, building up to a full weekend. The courts (at my request) out lined dates for this to happen. My ex managed to make it to the first contact session and has not ever bothered since. I have a residency order in my favor for my son. So, 7 years on, my son has no idea who he is, but he has a father figure in my partner, and grandparents in my partners parents. I would like to know if it is possible for my partner to gain PR or adopt my son without my son being dragged into the process? Does my ex even have PR still after not being in touch for so long? My partner and I are getting married next year, been living together for 5 years and expecting a child next month, I just want to know that nothing will be able to upset my sons happiness and if my ex decided to rear his ugly head I think it would be highly detrimental to my sons wellbeing. I am also thinking of writing my will and need to know that I will be able to leave my son in my partners sole care, and not have him ripped from his family home in the event of my death.
ChildSupportLaws Editor 15/05/2017 at 2:23 pm
It is highly unlikely a court would remove PR from a father, except in the most extreme of circumstances. If you both cannot agree in mediation and the matter has to go to court, a court will always decide upon what it thinks is in the best interests of your children with regards to access. Once/if a court order is put in place, you both will have to keep to it.
Rach 15/05/2017 at 2:59 am
Hi looking for some advise my ex left me after 7 years we have two kids together but for three years he as not bothered with them dose no pay a penny for them we did mediation but he would not agree to anything I said so where do I stand and what can I do to get is pr taken off him because my 3 year old daughter dose not even now who he is and my son says he is better off with out him as my son says he as got is new family and mummy we got you thank you
Pez 13/05/2017 at 12:34 pm
Ok im after some advice.

My wife (seperated still married) had one child when we met i took her on as my own pay maintenence for her and my other two children (with my wife) and have access to all 3.

My question is do i have any rights to the daughter that isnt mine. Her father isn't really in her kife. my findings kind of indicate that our marrige gives me some PR as we were obviously married after she was born.

Secondly she is wanting to introduce a man she has known around 2 months and met approximately 5 times to our children. This man apparantly has a bad drug habbit and past. Is vilolent towards women and has a history of coming in and out of lives of partners with children the most recent was the end of febuary.

What rights do i have to my step daughter and what rights do i have in regards to this man being near all 3 of my children
Jack 12/05/2017 at 6:11 am
Hello I am looking for some advice as it's getting a bit out of hand and difficult to ignore my ex partner. I split from her just over 3 and a half years ago and we have 1 child together. At first when I split from my ex I used to have my son Monday to Thursday after work 1 week and then Monday to Wednesday and then pick him up on the Friday to stay over with me for the weekend and I would drop him off at 8 each time he was with me. After awhile my ex would get argumentative saying I need to take him more and would flip out at me in front of our son for not wanting to as I thought I already take him enough and even threw a calendar out beside my head while I was holding my son's hand so I had to reduce it down to every second weekend that he would stay over with me as I did not want my son to see so much arguing as we argued all the time despite the amount of times I told my ex I am not going to argue. Then eventually after all the arguments calmed down I thought I would try mediation with my ex to see if things would get better between us for our sons same and at the time I mentioned this to her she was pregnant to another man in her life at the time. She threw all her toys out of the pram when I mentioned it and stated that nobody needs to know our business and refused to go. So eventually I thought it's not my son's fault that my ex is being like this so I will pick him up every Wednesday and keep to having him every second weekend (Friday after work till 6pm on sunday) but since then my ex has been dictating to me saying that it's not enough I'm seeing my son and threatening to stop letting me see him (she has done some Wednesdays if she is annoyed enough) if I don't pick him up more and I am adamant that the days are fine as I have him every Wednesday and every second weekend plus I take him for 1 week a year as well. Now she is trying to involve her mum and dad by texting me saying my mum and dad even tell me not to let you have him and say that I don't deserve to have my name on the birth certificate so she is trying to guilt trip me in to taking him more. One day my son was refusing to go with me crying like crazy and clinging on to his mum and she was saying this is a result of you not taking him more ( he is 5 and doing this every time even on a Wednesday for half a year) I eventually got it out of him that his mum told him that if he wasn't good then he will just stay at mine and never see any of his family again or see his brothers again ( even her ex partner can confirm this) after I found this out and 'reasured my son that that wouldn't happen and that he does always go back to his mum he was fine and when I confronted his mum she of course denied this. So after awhile my ex was very quiet and nothing crept up in ages until my son told my ex that when he is with me that if he doesn't eat up his food within half an hour then he will go on time out. The main reason he goes on time out is because he messes about at the tabl
ChildSupportLaws Editor 11/05/2017 at 12:02 pm
Your ex has no rights to your child. He would not be awarded any rights in court either as he does not have parental responsibility of your child. It can be upsetting for ex partners if they have developed a close link to a partner's child over several years and it can be an emotional wrench if they have been living in the same house and bringing up a step-child as their own. However, if you feel your ex is harassing you
Mary 10/05/2017 at 5:55 pm
I was wondering if I may ask for advice. My ex partner of three years, who isn't my childs father (my son is 5) is threatened to take me to court for access and parental responsibility, telling me has rights. We have never lived together and never been married and he has no legal rights presently. I do not want contact to continue as I feel that he will not be a good role model as he cannot show empathy and is very controlling. My ex has never paid any financial contribution either and I feel he is going to take me to court just because he feels he can.
Where do I stand legally as he is now turning up to my house with gifts for my son and it is really upsetting his. This is upsetting me also and just causing hurt around. Please advise.
ChildSupportLaws Editor 09/05/2017 at 1:58 pm
You would have to try to negotiate this with your ex directly. If you cannot then mediation may help. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings, contact orders, residence agreements and divorce. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides.
Mickey blue eyes 09/05/2017 at 10:44 am
I was looking for some advice. My son father walked out on me when I was 7 months pregnant. My son is now 2 and a half,his dad saw him everyday for 1/2 an hour his choice! I am now wanting to change it to a Sunday for 6 hours he is now threatening me with a lawyer to get more access as I've had enough of the wee 1 only seeing him for 1/2 an hour each day. He has other children that he only sees for 6 hours a week. My son is no different from them I'm not stopping him.from seeing him i'm just trying to get it down to 1 day and to have the whole day with him.
ChildSupportLaws Editor 08/05/2017 at 11:51 am
The legal adviser you spoke to is correct in saying that a court will not force a reluctant parent to spend time with their kids, if and where that parent does not wish to.
Scottishmum 07/05/2017 at 10:27 am
My ex has been controlling all of the Access to my kids for 3 years . I changed some days to suit us as a family as my partner had two kids and everything is about the kids . and for the sake of my kids as they were being ditched at their grans on the second day he was meant to have them. It was very sour between everyone and I could no longer deal with anyone from the family. He never turned up for three weeks in December due to nights out and I contacted cms regarding money. Ever since then he has been like a raging bull as his money increased ( I'd rather he had contact ) he is doing everything he can to score points. He only turned up twice a month since then also. I have offered 1 day a week after school and 1 weekend every 5 weeks and one week in the year to spend with him . My health is suffering badly from stress and I have been signed off with a sick line. He has been in contact to say he refuses to have them for any weekend ever ( I feel this is the demands of his new gf who does not have kids or have much time for kids ) my relationship is suffering with my new partner as we have no more than a couple of hours after work together every week.and my kids are so upset they only get to spend one evening a week with their father then bed by half 8 . I am completely broken down with the games and demands that have come since his new gf. I have ceased access and told him to get a lawyer . Which he said he won't I need to just do as he says. I am astonished a man would never ever want to spend one extra day during holidays or one single weekend with his children for the next decade. I spoke to a lawyer and they said I can't force a man to spend more time with his kids. My whole family life is being affected and I have the kids 7 days a week. Along with work , So I need to get my health back on track and be strong for my kids. he is not wanting them for more than 40 days a year ! Apparently his new relationship is suffering Because I said he should be spending 1 weekend out of 5 with his children so he refuses. If he were to go to court surely a court would suggest more access?? He has around 13 days off a month
ChildSupportLaws Editor 05/05/2017 at 10:49 am
It is impossible to predict what a court may decide, as it will always decide upon what it thinks is in the children's best interests. It is not interested in the parents' wranglings, it assumes the parents can sort these out between themselves. If there was an agreement in place, then it will look into why that agreement has been breached. However, the court does not condone is child maintenance payments being used as a weapon/bargaining tool. Child maintenance payments are for the children, not for fuel. If child maintenance is paid through CMS, then your husband should have applied for a special expenses variation, here. Or he should have taken the official routes and suggested mediation to his ex as a way of trying to resolve the situation. He should not have acted unilaterally. Your husband will not lose his PR, but whatever the court decides will have to be adhered to by both parents and is non-negotiable.
Kerrie 05/05/2017 at 8:33 am
Hi my ex has my daughter and have moved to Cornwall and I just moved to London but he wnt let me see her unless I go to Cornwall witch is not cheap I have to other children with another ex. I have contacted with her by face timewitch is one 2 days a week is there any way round this can I go and take her even tho there no court papers or any thing on paper
ChildSupportLaws Editor 04/05/2017 at 12:09 pm
As a rule, the court will go with what Cafcass recommends regarding access. Therefore, your answers will be contained in the report.
Sarah 04/05/2017 at 7:47 am
My husband gave his ex wife two weeks written notice advising her that due to high child maintenance payments we were not in a financial position to bring the children home after our contact time... she refused to drive and collect them and left them in our care for 5 days not bothering to make contact except for once where she told the children that she would not come and get them and that their daddy was going to get into lots of trouble and the courts wouldn't let them see him again..they are both daddy girls and were distraught by this..the children didn't worry their mother wasn't collecting them they want to live with us not their mum however on the 5th day she turned up the children were shaking and crying as they were frightened of her and her boyfriend. Eventually my husband let the girls go with their mum and she has said she has an emergency court case which will be heard within 2 weeks (how can that happen unless she has lied?) We have always paid maintenance and when she was single we paid her 2000k extra and my husband did all the driving she was also given 80k in the divorce and we were left 40k in debts from her..now we are struggling she has gone to csa saying we don't have the children and lied that my two children do not live with us we have had to prove otherwise. As part of the divorce in October she agreed to share the driving and her and the boyfriend bring them and we take them back however I'm out of work so money is very tight we asked if she could take a fifty pound per month reduction to help us with fuel or she would have to do all the driving as we couldn't afford the fuel to drive the 80 mile round trip.. we also have the children every other weekend and half the school holidays she had wanted my husband to take all of his leave including his days off... (he works 12 days on 2 off so he can have his girls every other weekend) but she wants him to then have all of his 5 weeks holidays with them too...when is he meant to have a break on his own? She is like I say now taking us to court and we would like to know what can she ask for we understand she wants residency does this mean my hubby looses his pr? If that happens do we still pay maintenance? Can she insist about the driving although we are on the verge of bankruptcy? And can she say we have to have the children all of our holidays but she doesn't have to use hers? I'm also worried about how the children reacted to her and the boyfriend and have logged my concerns with ss and the school but she works at the school and the reply we got seems like they are not that interested in our complaint as she is still working there and no steps are in place going forward should we take our concerns higher? Any advice on this would help we are at our wits end
Sj 03/05/2017 at 9:34 pm
Hi, my daughters father was under the influence of alcohol driving with my daughter aged 2 with no car seat. I sought legal advice and was told to stop the contact immediately. He hasn't seen his daughter for 15 months now but I've received a court date. He's denying all wot he has done but I have evidence that I took from social media. Cafcass have been involved I had my report back and he's got 17 convictions. He's also known to marac. Any help or advice is appreciated. Thanx
ChildSupportLaws Editor 02/05/2017 at 11:57 am
This is effectively blackmail and not condoned by the courts. If the father has written evidence of this approach, it can be used in court. However, we are not familiar with Spanish family law, so you would need to take legal advice regarding this matter. In the UK, child maintenance and child access have no bearing upon each other, meaning if a parent can't afford to support their child i.e if they are unemployed, a court would not refuse access on this basis.
Paddy 01/05/2017 at 6:42 pm
What if the situation is:
A) the other way around where the mother is blackmailing the father, saying if he doesn't pay what she wants (a large sum of money), he won't get to see his child anymore. There are no legal agreements at the moment
B) mother is English, father Dutch, child both nationalities and all living in Spain.

:/
Shortie 30/04/2017 at 12:04 pm
Just wondered what I can do? I I'm having my first baby. me and the father were never officially together but we're living together temporarily whilst he was homeless. I told him the truth about my pregnancy and he didn't want any contact but now iv received messages from his mother who I don't want round my baby as she uses illegal drugs frequently. I understand that he would now like contact however I'm m being pressured into having a meeting with his mother instead of the baby father. I I,v had soon much to deal with and don't want to risk the baby being taken by social service due to his family as one of his siblings and has already had her children taken. what would be the best way to let him see his child without his mother interviewing or putting my baby at risk.
ChildSupportLaws Editor 27/04/2017 at 2:26 pm
To overturn the order, you would have to take the matter back to court. The order will last as long as parental responsibility lasts and that is until your son is aged 18.
ChildSupportLaws Editor 27/04/2017 at 2:11 pm
We certainly never enforce any stereotype, there are many variables when parents separate. If you wish to find out where your child is, then if you are applying for access to your child you can fill in a C4 form along with your C100 contact form. This is an application for the disclosure of a child's whereabouts. This will allow the courts to put a trace on your child so you to bring the matter to court.
ChildSupportLaws Editor 27/04/2017 at 1:47 pm
Your mother doesn't have any rights to prevent the father taking the matter to court. Her only option is to agree an arrangement through mediation, or deny any access or mediation and let the court decide upon what it thinks is in your brother's best interests. If this is the case, if your mother was awarded full guardianship then the courts may not allow him to apply (stating the previous order still stands). Or, if he is allowed to apply, then Cafcass may get involved which would allow your mother to voice her reasons why she does not think access is in your brother's best interests. However, we cannot predict what a court may decide, if it gets that far.
Leastew 27/04/2017 at 9:43 am
My ex has a residency order for our son who is turning 16 next week. My son wants to come back & live with me but I am unsure if this is possible whilst he is still in education. He is still at high school & currently looking for a college placement.
Can you clarify please?

Thank you.
Kentishdad 27/04/2017 at 8:36 am
Why are you implying the father is always at fault? My ex is causing issues and has moved without telling me where. Its not always the father please stop enforcing the stereotype
Bec 27/04/2017 at 12:11 am
Hi, my mum had my brother in 2010 so he's nearly 7 now, his dad was in the picture at the time of birth but treated my brother badly in his younger years, holding ice cubes in his hands, not reacting to when he cried, leaving him on the stairs waiting for him to fall so he could 'learn' not to do it again before he could even walk...and then the father eventually distanced himself for unknown reasons, he then took my mum to court and the judge gave my mother full guardianship in that case; however my mum wanted my brother to have a father figure so she arranged supervised access as an agreement with the father after the court case was finished, however now he hasn't been in contact for about 7/8 months having not heard from him at all, he's now contacted my mum saying he's going to take her to court because he now wants to see his son, what can my mother do to prevent this or even so what rights does my mother have?
Thank you
ChildSupportLaws Editor 25/04/2017 at 2:38 pm
If your niece fears her ex will take her daughter (the police cannot intervene if this happens if the father has PR), then she can apply to court for a residence order which will determine who the child shall live with, please see gov.uk whichYour niece's ex will also have to apply to court if he wishes to try to have her removed from the house. However, it is highly unlikely a court would consent to this as it will always put the children first and ensure they have a roof over their heads until they complete full-time education. By law your niece's ex has to pay child maintenance directly to the mother to help support his child, if he doesn't your niece can approach CMS, However, if your niece is living in the house and her ex isn't, then she may have to take over the full mortgage payments if her ex refuses to pay. Mediation may be something your niece may wish to consider as a way of trying to reach an agreement.
SAM 24/04/2017 at 11:39 pm
Sorry, in my previous comment I meant to say that my niece's ex has PR. Any advice would be gratefully received.

Many thanks.
SAM 24/04/2017 at 11:33 pm
My niece and her partner split up in July/August last year when he left her for someone else and it later transpired the new girlfriend was pregnant - due end of May time. My niece stayed in the family home with their 3 year old daughter. My niece was understandably devastated but has tried to accommodate her ex and she has not stopped him having access to his daughter. Shortly before my niece became aware that the new girlfriend was expecting her ex started badgering her to transfer her share of the family home to him for £10,000 stating she should move her and their daughter into a council house but she said no, she wanted the property to be sold so that she could start again with her daughter. But since the pregnancy news came out it has been a nightmare for my niece. He went to the house and grabbed her round the face saying he was tired of being nice and was basically threatening her in front of their daughter. My niece reported this to the police but her ex and his new girlfriend presented a united front accusing my niece of lying and assaulting them when she and her daughter walked in one them in bed together. The police politely informed my niece how they were going to take no action against her ex as he/his gf had decided not to press charges against her!!! So she changed the locks to try to protect herself and he brought a lock picking kit off eBay and got into the house taking a spare key with him. He has since taken the tv, tumble dryer and lawnmower from the house when she is out. The police say that cannot stop him as the house is also his. Then a couple of days ago his mother came round to drop their daughter off and said to my niece "it has been nearly 10 months and now you've calmed down a bit don't you think you should let my son and his girlfriend have the house. My Niece was very upset by this and calmly said no. Today her ex has been on the phone and said he wants the house and will no longer contribute to the mortgage. He said he will sort maintenance out but it won't got to my niece but to another account set up for their daughter then said he will take their daughter full-time if necessary and accused my niece of being "too busy going out and palming their daughter off on other people". Basically, he is trying to bully my niece into giving him the house and she is beside herself because she has tried to see a solicitor who said he can take her daughter and she can't stop him because he has OR and the police also won't help her. What can she do to protect herself and her daughter???
Taylor 21/04/2017 at 1:30 pm
I have my daughter full time. Her mother has moved house and won't tell me where she lives or who with. That's all I want to know. We had no issues before when I dropped her at her old address. I get torrents of abuse when I ask her these simple question. She's also got a big dog my young daughter is terrified of. All I want do is drop her off at her address instead of meeting at the shops or doctors like the last time and she wasn't there. I was victim of mental abuse. I could understand if it was the other way round
Toothless6114 20/04/2017 at 1:21 pm
My ex partner had been mentally and physically abbusive through our relationship which is on Doctors records.
She has stopped all access to my 2 kids, blocked all my family so there's no contact at all.
I've never done anything to harm my children, never raised my hand to her.
She is controlling me still and denying everything. I become unemployed with the circumstances and the first thing she did was arrange CSA when I've not a problem regarding paying for my kids.
She's threatening if I come around she'll call the police and action court services.
I'm blown away and don't want courts or CSA involved. I don't know what to do, she was possessive during it all and seems she still is.
Help
ChildSupportLaws Editor 20/04/2017 at 12:19 pm
If you feel your children are in a situation that is putting them in danger, and/or is illegal then you have an option to report this to the police. If you have parental responsibility of your children, then you can refuse to hand your children back and the police cannot intervene (that would be the remit of the courts to decide upon what it thinks is in the best interest of your children regarding where they live). However, it is never a good idea to keep your children without authorisation from the other parent, unless you feel it necessary (as it can backfire). Before you make any decisions, you may wish to seek legal advice regarding this in order to explore your options more fully.
ChildSupportLaws Editor 20/04/2017 at 11:05 am
You can change your daughter's surname unofficially (i.e through school/GP etc). However, if you wish to change your daughter's name officially by Deed Poll, you would have to request your ex's consent (regardless of whether he sees her or not). The only way you can attempt to remove PR from the father is to take the matter to court. It is very rare a court will remove PR, unless a situation warrants it i.e you would have to be able to give a very good reason why your child's father should not be entitled to have parental responsibility of his child.
Help pls 19/04/2017 at 8:31 pm
Hi me and my ex wife divorced 3 years ago.
I'm take children to my house for weekend every Christmas birthday etc
My ex wife clams benefits like a single parent but from 3 years living with new partner (he work) Her partner growing marijuana in house about 50-60 trees??
I don't now what I suppose to do with this I'm Scarry what happen with my children r4 and 6 years old when some day police coming to her house.
I have new partner we both full time workin
We living in 3 bed house and we think take kids to us. if that possible in the UK ????
Can anyone help me what to do ??????
Kezzy 19/04/2017 at 4:02 pm
Hi my daughter lives with me and my husband and his son, my daughters dad hasn't paid maintenance ever and she is now 4 years old he also hasn't seen her in nearly 4 months or spoke to her on phone... I am wanting to change her surname and gain solo PR am I able to do this? Thanks in advance
Billy 16/04/2017 at 11:33 pm
Hi social services placed my 2 girls 7 & 4 with me there father 6 months ago when there mother admitted drug and alcohol abuse resulting in them missing school her not turning up for them after school having party's while they slept upstairs and sleeping when they were in her care. She's had supervised access at her Dads house for 3.5 hrs twice a week, she's missed a lot of these meetings with cancelling at the last minute or just not turning up. Just recently I've found out (but cannot prove) she's smoking and selling crack cocaine and hanging around with like people so I've cut all contact and am refusing to let her see the children which her dad agrees with. Do I need to report this to social services ? And go see a solicitor to get something more legal ? She recently smashed my window in the early hours drunk because I wouldn't give her money which she's up in court for next week.
Corncerned Gran 16/04/2017 at 11:31 pm
My 3 year old granddaughter will soon be starting overnight visitations with her father after having contact with him every other weekend for the past 8 months. We have just found out that he no longer lives at his parents house which is where she will be staying on these visits. He lives with his pregnant girlfriend and her daughter. Can my daughter do anything about her child being left with her ex's parents overnight while he stays somewhere else? My granddaughter doesn't really know these people. She has only met his father once which was a few months ago, and his mother only 3 or 4 times.The court order states 'spending time with the applicant father overnight' not 'spending time with the applicant father's parents overnight'. If we are wrong in this assumption and he does take his daughter to his new home (to stay with a woman she has never met and the woman's daughter she has never met) should he inform my daughter of this change? Even his solicitor and CMS think he still resides with his parents.
Star 15/04/2017 at 7:56 am
i have a prohibited steps order against my ex husband stopping him from taking my child abroad without my approval. Can he use a solicitor to force me to agree?
Molly 14/04/2017 at 8:57 am
I need some advice !!!
My ex is in n out of my daughters life (shes 5 month) it seems to be when it suits him .but then turns it around as though its my fault that hes not rang to make arrangements or even dont turn up !!! . I havent stopped access at all but because hes not seen her in 4 week (ive told him he can ave access on sundays after dinner till tea . He was avin her for an hour on a tues after work n sun for an hour berring in mind his house is 15 mins drive away there n back so hes only having her for half hour . And sometimes he wouldnt turn up so i said for a sunday so that hopefully he will turn up if its 1 day a week !!!! But because he doesnt want me telling him when he can n can not see our daughter hes gone to a solicitor . He didnt make arrangements last weekend coz apparantly he couldnt get hold of me but got hold of me mon !!!! Weekend before i rang him because i hadnt heard off him to see if he was comin for her and he said theres no point because hes got a solicitor involved . He messaged me yesterday because he wants access this weekend !!! Should i let him ave our daughter ?? Even thou hes been seein a solicitor because in his eyes im not lettin him ave access i dont know wat to do for the best . Should i leave it to the solicitors and wait till i get a letter or would it be best for me to let him ave her
Worriedmummy 14/04/2017 at 8:37 am
My son is 2, I've been letting his father have contact with him. When my son was born He had a gambling addiction and I told him he wouldn't have contact with his son until he sorted himself out. He seemed to calm down with the gambling so I started to let him see him. Recently, it turns out he's been gambling again. I've had his 'friends' messaging and calling me to find out where he is because he owes them money. My priority is my son and I don't want my son to be around him when he's in this situation. He isn't on the birth certificate. I've told him he needs to get help because I don't want this sort of thing around my child. He keeps messaging asking to see him and I don't know what to do. What do I do? Where do I stand, i want my son and his dad to have a relationship but not whilst he is I'll!
ChildSupportLaws Editor 13/04/2017 at 11:53 am
If you have a court order to see your child, then your ex cannot change the terms of the court order unilaterally (the terms of a court order can only by changed through court). Therefore, if you ex has stopped contact, you can ask a solicitor to write a letter to your ex outlining the terms of the order and the repercussions if she does not keep to them. If your ex ignores the letter, you can apply to court to have the order enforced. In order to apply to the court for enforcement of a child arrangement order (or contact order / residence order), you will need to fill in, issue and serve form C79 (which can be found here). The court will wish to see that other methods of resolving the issue have been attempted first, therefore keep a copy of the solicitor's letter as proof. However, if you have stopped paying child maintenance and you should be by law (i.e if you are earning and paying tax via HMRC and your child is in full-time education), then it would be wise to reinstate payments through a family-based arrangement as the court can also implement this via a court order, which you will not be able to breach. If you are not considered responsible for paying child maintenance i.e you are out of work, then the court will not stop your access to your child because of this.
Irishbhoy 12/04/2017 at 3:34 pm
My ex wife has cut all contact with our son and this has on off for the four years and I have been to three times and have a court order that says I am supposed to have contact twice a week and this has stopped because I received a letter from the Csa to say that I they are no longer involved in our case and the day after received a text message to say that I was to have no further contact
ChildSupportLaws Editor 12/04/2017 at 10:01 am
I'm afraid due to the complexity of these issues and how far down the line you are with social services we are unable to advise. Legal advice may be needed here to see whether the issue can be enforced.
Babawoo 12/04/2017 at 7:51 am
My ex and I have never lived together. We have a 14month old son together. He's named on the birth certificate so has pr. he's always been allowed access to his son even though he's a heavy drinker and habitual cannabis user. He assures me that he has stopped both of these but I know he's still drinking. He's turned up smelling of alcohol twice and drug dealt in front of me and my son. On Saturday I wasn't happy with him seeing our son. So I asked for him back. I got him. But in the process the father has accused me of hitting him (the father) and said he'd see me in court. I called the police to report his false allegations. My question is do I have to let him see our son when I now feel threatened and frightened by his volatile temper (he has four previous convictions for abh, not against me). He's a lovely dad to his boy, but keeps leaving him in the care of his older daughter. What am I allowed to do?
ChildSupportLaws Editor 11/04/2017 at 2:35 pm
You have posed some interesting questions here. Firstly, child maintenance and child access have no bearing on each other. By law a child's father is responsible for contributing to the financial day-to-day care of your child whether he has access or not. However, some non-resident parents won't rock the boat by asking for access while they do not have to contribute. If you do claim child maintenance and suddenly your ex does pop up and request access, if you refuse, he would have the option to take the matter to court and the court will decide upon what 'it' thinks is in your child's best interest. But if your ex hasn't had a relationship with your child to date, then a court isn't going to jump straight into unsupervised access, a contact centre would be more likely. If your ex is registered on the birth certificate, then he has PR despite not paying child maintenance, he just hasn't exercised it. If your ex wanted to dispute anything you were doing with your child, and if you did not agree, then again, he would have to take the matter to court (which judging by what you are saying, this is unlikely). He has no rights to access your child's money. If you are concerned what might happen to your child, should anything happen to you, then you can appoint a guardian in your will. You must include, in as much detail as you can, the reasons why you wish your designated guardian/s to take on the role of caring for your child and it is important to ensure that you clarify your reasons for making this choice so that there can be no confusion over your mental and emotional state at the time of making the will. If you are in any doubt as to how to go about making these provisions in your will or any of the other matters, you should speak to a solicitor who specialises in family law and they will be able to give you all the help and advice you need. I hope this helps.
ChildSupportLaws Editor 11/04/2017 at 10:45 am
I am sorry to hear this. The fact your son is now 14 means that his opinion and preferences regarding whether he wishes to see you or not, will begin to count through mediation or the courts (if you wish to take this route). However, despite this, the court will always decide upon what it thinks is in your son's best interests. When he is 16, his preferences will count more and when he is 18, you will not have to use mediation or court as parental responsibility will have ended and as an adult he will be able to make decisions of his own.
Mummylovesu 11/04/2017 at 8:32 am
I wonder if you could offer me some advise.

My child is 5 years old and has never had an relationship with her farther (his choice since pregnancy).
We were never married and his not on the birth certificate.
I have claimed Child Support via the government CSA and he never contested being father. I have since cancelled this because I'm concerned it might give him some legal PR and it was only a very small sum of money.
Q1. Was i right to be concerned? Does paying CSA give him some PR?
My child also does modelling and tv ad's etc. I have created ISA and saving accounts.
Q1. Can he (childs father) ever contest my child doing, am I legally required to get his concent for work?
Q2. Would he ever get access to her accounts and money?
Q3. Is there anything legal I can do to ensure he has no legal standing with my childs life including if something was to happen to me (I die).
Eva 11/04/2017 at 6:42 am
I have a residency order, contact order (tied down very tightly due to his SV) and my ex has PR.

Long story short my 14 year old is violent and self harmer with overdoes regularly. A run away, theft etc.

My ex and I decided to put her under a section 20 to protect her as I couldn't with other young babies who she had threatened to "disappear".

Social services have been great my daughter has to engage with her issues before they will work with her coming home.

This week she bolted again to a friends we don't know. Social worker wants her back at placement but Dad has agreed she can stay at this unknown person. Social worker checked out address not known to social services but my daughter is using it to avoid everything agreed in the lac review.

I have residency so can I force her back into care that social worker and I want as she needs to be safe or does Dad's PR stop us doing this under a section 20. I don't want to put her under a care order as we are trying to get her to work through things.
Khally 10/04/2017 at 1:16 am
I'am a mother who is suffering for the last 11 year!! Struggling to see my son or have contact or spend time together, because the father has taken all the rights for him self and manipulate all. I raised my son from 0 till at the age of 4 years! My ex husband his revenge was to take my only son Tariq. I was neive and don't know nothing at the time. My ex husband abused me and had all the evidence in police and hospitals, but all worked on his favour because of money. I had to sign my son to my ex husband because I was pushed to the wall and it was like a war, it's either we die the 2 of us or one get saved. At the end I had to give my ex husband my old child. I packed all and went to kenya after my son was taken away from me, could not bare to see myself to be a weekend mother. I was destroyed and something taken from my heart. I travelled back and forth from kenya to London like a mad woman to keep up! With my son. My son is now 14 years and I'am still struggling as a mother to have my rights. I'am a worrier who keeps fighting the battle. I'am dead soul inside without my son. I'am in London and still I hardly see my son. I don't know what to do or how to do? So I have just to let it be and let the universe take charge. I'am an empty soul without my son.
ChildSupportLaws Editor 06/04/2017 at 12:30 pm
If you are fearful of not knowing who your child will be cared for by in the event of something happening to you, then you can appoint a guardian in your will. A guardian is an individual who is charged with the responsibility of looking after your child in the event of your death. Any adult of your choosing can be a guardian to your child. This can be a close family friend with whom your son already has a bond with, or a family member not already directly involved in his care, such as an aunt or uncle. It is important to take into account beforehand the relationship the child has with the person or persons you intend to appoint as their guardian. If you do wish to appoint a guardian then your last will and testament should reflect this. You must include, in as much detail as you can, the reasons why you wish your designated guardian/s to take on the role of caring for your child. It is also important to ensure that you clarify your reasons for making this choice so that there can be no confusion over your mental and emotional state at the time of making the will. You must also ensure that once the last will and testament has been drafted or redrafted depending on the circumstances that the person or persons you have chosen to be your child’s legal guardian/s does not sign the will as a witness. This is what is known as a ‘conflict of interest’ and as such can lead to the will being contested. However, if your ex does have parental responsibility of your son, he will have a say and can contest this. But if the relationship with your son and ex are not close and your son has not had a relationship with him, then any court will always decide what it thinks is in the best interests of your child and will ultimately favour the person your child is closest to and who could continue his established routine. I hope this helps.
BexyMamma17 06/04/2017 at 9:59 am
. Now we we're looking at moving forward and I stuck to the plan of the first contact sessions for first few weeks being in the day at his house and working back up to overnights on condition that first session I take ava up and make sure he has what he needs to keep ava clean, safe warm and dry. He is refusing this and saying no court would grant it and that he has a right to privacy and no matter what I say to him even though it was on the advice of social services that I take these steps and he knows this but he insists that he has been advised otherwise. What are my rights? All I want is for my daughter to have contact with her dad and for him to step up and be there for her properly and put her needs first especially as she has very specific needs that mean he may have to provide things n supervise her more to keep her safe. He's saying he'll go court but I don't feel it's necessary but if we do I'll still be sticking to the same I've said above, am I doing things right? Advise ASAP as mediation in 2 weeks thank you so much
BexyMamma17 06/04/2017 at 9:36 am
Me and my daughters ex have been split up for sometime now. We have on the most part been able to agree on contact verbally unless there has been any concerns or issues raised. Then we have adjusted contact as and when need for the best of my daughter n her needs (well from my point of view anyway). I have only ever denied him contact when he was violent towards my now partner in the beginning of our relationship, and at the same time put our daughter at risk of harm by placing her in the road in order to attack him. I stopped it while he got help then we rebuilt it from supervised once a week up to the normal fortnightly although I had concerns about his home conditions but I thought I was doing what's best for my daughter. Any things went ok for a few months until my daughter started coming home late and hungry when it was time for bed for school next day, and she would be dirty her clothes smelt damp and were either too small or his girlfriends sons clothes n had holes in n stains on. I brought up the issue and gave him a bag of clothes that were appropriate to try to resolve things for contact to continue and stay consistent. Told him he had to feed her whilst she was in his care and bath her on a night ors she wouldn't be able to stay if he couldn't meet her needs properly. Any things picked up for a few weeks until my daughter started to come home with cuts n bruises every time she went to his that he put down to play fighting which my daughter isn't encouraged to do so at home, school or anyone else's home, this didn't stop n she kept coming home like it, she began once again coming home hungry, dirty, smelling clothes, clothes that weren't her own, clothes that we're too small. On top of that someone had reported him for home conditions to social services, my daughter was coming home telling me she helps bag up rubbish n that he had loads of bags of rubbish in his kitchen, that his girlfriends son was showing her his private parts, the list went on. I stopped letting contact take place in his home n sought advice from social services who told me that they couldn't do anything because she wasn't residing there but that it's my responsibility to safeguard her if I have concerns. They said If I send her knowing there's cconcerns then it would be me who they would be looking at not him. They also told me with the concerns that I was raising that I had a right to go and check the conditions and that he has the correct things that meet my daughters needs before contact carried on there. So on the advice of social services and other professionals I spoke to I reduced contact to day contact out and about n it was agreed between us both that this would be better for ava to encourage consistency and quality of contact and until he was in a better position to best meet her needs. So for the past year and few month contact has been only in day out an about at his mothers or in the area that me and my daughter live. Now we we're looking
Alonoona 05/04/2017 at 10:22 pm
Hello,

My husband has PR as we were married upon conception, and he's on the childs birth certificate. However, we split a couple of years ago, he lives overseas, and hasn't seen our child for a year and a half. He stopped making contact 6 months ago, and around the same time stopped paying child support. He is self employed and doesn't pay tax like he should, so there is no way of me being able to succesfully get any support from him financially. My worry is something happening to me. Would my child be forced to live overseas with him should i pass away? My child is 3, so has no real memory of their dad. Moving overseas away from my family whom he is close to would be absolutely devastating for him. Im just wondering if my ex would still have PR, even though he hasn't made contact in such a long time.

Thanks for your advice
ChildSupportLaws Editor 03/04/2017 at 11:41 am
On a personal note, your ex may have lied about having his girlfriend at his house as he might have known the reponse would have been negative if he'd have had openly had her there when you called. There is no law to say that your ex cannot introduce his new partner to yours/his child, as there is no law that says he can stop you introducing your new partner to your child (should the time come). Regardless of whether your ex left you or not, if he has parental responsibility of your child, in the eyes of the law you both have equal say on what you think is in the best interests of your child. If that means your ex feels your child will come to no harm if he introduces his girlfriend to your child, then that is his prerogative as the child's father. Therefore, if your ex has PR and is unhappy with this arrangement, then he can either suggest mediation in order to try to resolve the issue with you directly, or take the matter to court for a contact order to see his child. The court will then decide what it thinks is in your child's best interests. If the court issues a contact order, then you will have to adhere to it - as will your ex.
ChildSupportLaws Editor 03/04/2017 at 11:29 am
If you wish to apply for child maintenence for your children and your ex is working and refuses to come to a family-based child maintenance arrangement with you, then you can apply via CMS, Please be aware child maitenance and child access are not dependent upon each other and if you wish to stop access to your ex, he will have to opportunity to apply through the courts. It will then be up to the courts to decide what it thinks is in your children's best interests whether they should see their father or not. However, any decision made by the court will not be based on whether your ex supports his children financially or not.
Anonymous 02/04/2017 at 8:01 am
Hi, my ex left me when i was pregnant and i had to move back home, i went into premature labour at 32 weeks due to all the stress at that time. My son spent 3 weeks in hospital, when he was allowed home understandbly i was (and still am) very protective over him. I allowed his father to have him for a few hours when he was 5 weeks old. I turned up at his flat unannounced after a couple of hours and found his new girlfriend of 2 weeks hiding in his bedroom from me, if i hadnt of turned up he wouldnt have told me she was there. I was exteremly upset that he had betrayed my trust. I have now said that he can only see his son at my house on specific days/times until i am able to trust him again - am i right in doing this? He keeps asking when he can have him at his house again but im not ready to let this happen as i know he wouldnt hesitate to lie and do the same again. I dont want my son meeting his girlfirend untill he has been with her for atleast a year.
abi 02/04/2017 at 7:47 am
Guys please help me... What can i do about this?? Iv got twp children with an absolute waste man i have a 6 year old and 8 month old baby, he has been around since my eldest was born but leaving for such long periods of time he has never ever never gave me a penny for either children and now im at a all time low and i want to fully cut them out all of their lives not one of his family help us let alone him. He just sees his kids when he can be bothered he has never bought his baby a pack of nappies and works forhimself and spunks all jis money gambling and drink please help me iv had enough were dp i stand none of that family have done anything for my children
ChildSupportLaws Editor 31/03/2017 at 11:59 am
Child maintenance and child access have no bearing upon each other, meaning your ex cannot bribe you financially regarding acess arrangements to your child. Therefore, you may wish to seek advice via CMS here. Likewise, if you cannot agree access arrangements between you may wish to consider mediation. Mediation is when two or more parties meet to resolve problems before the matter reaches court.It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. I hope this helps.
Bee 30/03/2017 at 11:16 am
Hi my daughter sees her dad every other weekend it was from Friday to Sunday we had an argument because I moved the time to a little later so he changed it to Saturday he now giving me less money from £50 to £25 saying if I change it back he will start giving £50 again I did explain it's for her here her up bringing not to see him with. but is there anything I can do to stop her seeing him as she does not have her own space like she share a bed with her gran pluss she is a hourder lotlery no room in house to move.and he let's her see him fight in boxing and always takes her to the pub witch I do not think is appropriate for a 2 1/2 year old so is there anything I can do I don't want to stop visits but how do I go about it. With out starting another argument witch I think only started as I have a boyfriend now I dont think he likes at all.
ChildSupportLaws Editor 27/03/2017 at 2:03 pm
If your ex has withdrawn the allegations of rape, then the court should be informed of this. The courts do not condone lies being told. Therefore, it is worthwhile you pursuing your right to see your kids. Some legal advice may also be helpful here.
kris 25/03/2017 at 12:22 am
my ex wife when we broke up allowed me to have my one and two year old over the weekend, i was concerned about the children when i didnt have them due to drug related issues with her new partner, at this point i contacted social services as the children started turning up with unexplained bruises etc..
my ex wife then stopped me seeing my children and hasnt let me see them, i applied for mediation at which point she accused me of rape to the police so that she didnt have to attend, i was arrested and placed under caution, she has now withdrawn the allegation, admitted to friends and her family she lied, however she will still not allow me to see my children, im applying for a court order to grant me the same arrangement as before or custody, but as your notes under the heading 'domestic abuse' i know she will just say about the rape again as she knows it will stop me getting this.. what rights do i have here or will i always lose because she can just keep lying??
ChildSupportLaws Editor 23/03/2017 at 12:42 pm
Have you spoken to the mother about her lack of attendence in school and other issues? Have you offered to have your daughter more, so that you can ensure she goes to school? Sometimes, face-to-face negotiation might work better if you approach it in helpful terms, i.e, you want what is best for your child. Taking a child without authorisation from the other parent is never a good idea and you may face restricted access if the move/situation backfires. Mediation is the next port of call if your ex will not agree to working towards what is in the best interests of your child. Court is always seen as a last resort when all other methods to try to resolve the issue fail. Therefore, perhaps you could try to negotiate becoming more involved with your daughter. You never know, she might value your unput and help.
ChildSupportLaws Editor 23/03/2017 at 12:20 pm
I am sorry to hear this - it really is every parent's worst nightmare. However, unfortunately, if both parents have Parental Responsibility then the police cannot intervene to take the child off one parent and give them to the other; the police cannot choose between parents, that is the remit of the courts. Therefore, you will have to apply to the courts for a child arrangement order/residency order. This court order determines where your child lives, which relatives they have contact with, and what type of contact. Ordinarily, the court will give notice of the hearing to both parties so that they can attend and give their side of the story. If you think that your son may be in danger, then you may be able to apply for an emergency without notice hearing which will be much quicker than a full "with notice hearing". However, be aware that this will only be a temporary solution and that any without notice hearing will be followed shortly after by a full "with notice" hearing in which the court order may be changed.. If you can show that your former partner is not able or appropriate to look after your child, you may be able to get a residency order quickly - but you will need to evidence this. Remember, that whilst the police cannot take a child away from a parent with Parental Responsibility, they are able to intervene and remove a child if there is a real risk to life. If you are concerned about a real and immediate threat to your child's safety, speak to your local police force and social services. If you are unsure about your rights, speak to your local Citizens Advice Bureau who will be able to provide you with free assistance. The courts may be able to help, but this can be a lengthy process and you will need to evidence any concerns. It is therefore important to know your options before seeking a court order. I hope this helps.
Anonymous 22/03/2017 at 10:28 pm
Hi daughter is 10 years old. I have been involved in her life since the day she was born. I have always got her what she needs along with paying support every month.
However for a long time now she has being unhappy at home she doesn't get to act like a child as she has a younger sister and brother . She has to take care of her brother while her mam is upstairs I am also aware that on the odd occasion she has left my daughter to baby sit the other 2 while she goes to what whatever. There has also been the occasion that her mother has threatened to "take her face of" if she doesn't do what her mam wants. She is left to look after her younger siblings while her mother goes up stairs to have a "joint Her attendance at school has dropped below 90% now so the local authority will be getting involved as her education is getting affected. I have her everywhere end up come the Sunday night when it's time for her to go home she breaks down and begs me not to take her and that she wants to live with myself. I would have her at mine in a heart beat if I could I work for a living and I have a great supportive family who all share the same views as me that I fear my daughter could be in some danger if this continues. I have PR and I am tempted to just not take her back on Sunday night and let it all come to a head at once and deal with it the best I can. But I know what will put my daughter in a position that I know will not be nice for her but I know that it needs doing otherwise it's going to get worse as she gets older. I know this sounds like I am all against her mam but I'm not my daughter is a amazing kind polite little girl her mam has done a great job bringing her up but now that she is older she is becoming aware of what is not right and it has gone on for to long now. She needs stability and to go back to being able to act like a little girl again
Nikki 22/03/2017 at 9:16 pm
Hello,
My son has been in my care since he was born. I gave my sons father visitation without this being backed by a court order.
After an arranged visit he has decided that my son would be better left in his care.
After contact with the police, as father has PI and no issue of his safety he has not been returned.
This is the longest my son has been away from me and is currently on medication also.
What is the quickest way I can get my son back into my care,
ChildSupportLaws Editor 22/03/2017 at 1:43 pm
A court would not force your ex to see your children where contact has broken down, as it would not be deemed in yoru children's best interests. Therefore, taking the matter back to court to have the order enforced would not be successful in this case.
ChildSupportLaws Editor 22/03/2017 at 10:26 am
Please see gov.uk whichwhich will tell you all you need to know.
Kim 22/03/2017 at 12:55 am
Hi I went to court when me and my ex first split as he kept our children when we first split up I got the prohibitive steps order in place for him to see the kids every other week end , we have since broken down contact so can I do anything because he's not seeing kids on his weekends?
ChildSupportLaws Editor 21/03/2017 at 11:53 am
I'm afraid your only other option is to suggest mediation or if mediation is refused/fails take the matter to court via a Specific Issue Order. To protect children from the dangers of secondhand smoke, it’s now illegal to smoke in cars and other vehicles with someone under 18 present - However, the tricky aspect here is that police have not yet enforced any fines and have instead issued only verbal warnings.
Daddy dad 21/03/2017 at 8:52 am
My partner and I have split up and I as his father have our son full time, he deals with me better and my ex and I came to the agreement of me having him full time because of this, she has arranged to see him every other weekend however this has not happened due to the distance and lack of money for her to see him, my ex does not like my new partner who is also pregnant, what can I do to stop her turning up and just taking our son away from me? Please help!!.... thanks
JustDad 20/03/2017 at 3:05 pm
My 6 year old daughter lives with her mother (my ex) who's just starting seeing another man (her cousin!) which, to me is odd and is not the reason I'm here. My daughter is left to her own devices, doesn't (not encouraged) to eat anything healthy & the worst thing is every time my daughter comes to me over the weekends agreed, she absolutely stinks of cigarettes. When I ask her about how often this new guy smokes she tells me all the time around her and always smokes in the car & the house smells of an ashtray. I've asked on several occasions not to smoke around my daughter without effect & she is constantly coughing. My ex says that her new boyfriend does pull the window down when he's driving which just is so infuriating as she doesn't seem to want to acknowledge the risks. Am I putting my daughter at risk? What else can I do?
Mum 18/03/2017 at 1:39 pm
Help my partner and I are splitting up, he says he can take my children away from me, as I have built up some debits( I have been paying them off religiously and not got any orders on myself) he says he will keep the house and have the children with him and only give me visitation rights and the courts will back him.....what are my rights my youngest is only 3 and I am the main carer, I have no savings and all the equity is in the house Help
ChildSupportLaws Editor 17/03/2017 at 1:58 pm
I'm afraid there is nothing you can do. A court would never force a non-resident parent to see their children where they do not wish.
Kay 17/03/2017 at 12:18 pm
Hi my sons dad has had no contact with my son for 6 years van i make him see his child? Is there anything i can do
ChildSupportLaws Editor 17/03/2017 at 10:38 am
If you feel it is in your children's best interests not to stay, then you can negotiate an alternative (if your ex is willing), or you can exercise your parental responsibility and say no. If both of you cannot come to a suitable resolution, then after this then mediation is the next option. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval.
Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. However, you have to take part in mediation with an open mind and a willingness to compromise. If mediation fails, or if you refuse to attend, then your children's father can take the court option. If so, the court will make a decision based upon what 'it' thinks is in your children's best interests and once ordered by the court, you would have to adhere to it. Trying to negotiate between you is always the best option - but you certainly don't have to put your child in situation you feel uncomfortable with.
LD991 16/03/2017 at 12:47 pm
My ex left me when i was 7 months pregnant 4 months ago, we already had a 2 year old daughter. My ex now lives with his new girlfriend who has 4 children of her own by a different father, one of these children has autism and is known to get aggressive although it is controlled and he has never been aggressive towards a child.

My ex now wants both our children to stop over night baring in mind my youngest is only just over 5 months old and he barely knows or sees her, due to the fact he likes to take my eldest out on his weekends. I feel slightly uncomfortable allowing them to stop over night when they already have 4 children in their house as they will not have a bedroom for them.

I have spent months battling with my eldest to get her into her own bed and room at night as she was always in my bed with me, i have finally succeeded and now feel any disruption could ruin her bed time routine.

Can you please let me know if i have any rights or whether i have to let the children stop with him or not.
ChildSupportLaws Editor 15/03/2017 at 1:52 pm
If your brother and his ex can't sort this issue out via mediation and he took the matter to court, then his daughter would be able to have her say and the court would listen to her opinion. As with all court decisions, it will decide what it thinks is in the best interests of the child. If your brother has had consistent access and played a big part in his daughter's life, then there is every reason the court would issue an access order. Once issued, his ex would have to adhere to it, or risk being in contempt of court.
ChildSupportLaws Editor 15/03/2017 at 1:38 pm
Much depends upon whether there is a court order in place. If not, you can stop access. However, your ex will have the option to take the matter to court and if a court order is put in place, then you will have to adhere to it. If you cannot resolve these issues between you, then perhaps you could consider asking your ex to attend mediation in order to come to a more structured agreement. Mediation will also give you the chance to voice your opinions and try to iron out the issues you have put forward here.
ChildSupportLaws Editor 15/03/2017 at 12:00 pm
If you are not the biological father of the child, then you will not be asked to provide maintenance for your ex-wife or child maintenance for her child.
Pink 14/03/2017 at 8:20 pm
My brother has separated from his 14yr old daughters Mum. They was married and he has PR. He was aloud to see his daughter every wknd. Every wk he gets told something different and their daughter wants to see her Dad every wknd. She is making it very difficult for her self and my niece. My niece kicks of with her Mum every time she try's to change it. Can she do this or can a child of that age choose herself or is there an age they can. I
Sare 14/03/2017 at 5:55 pm
My ex constantly misses his access days without a txt or call.when he does manage a visit he doesnt interact with our 2 sons,he spends his time txting or phoning his girlfriend.can i stop his access to prevent further hurting our children.they have stopped asking about and dont seem bothered
G 14/03/2017 at 3:38 pm
Hi, I
have been separated from my wife for 11 months now and she has just filed for divorce, thats fine was our marriage has broke down. she moved into my house with her young daughter of five and rented hers out. upon separation 11 months ago she and her daughter moved back to her own house and I stayed here in mine.

Our marriage only lasted 9 months unfortunately, my question is, will I have to pay support to my ex-wife and child upon divorce? the child see's her natural farther regularly and he pays some maintenance, I have no contact with my my (ex)wife's daughter any longer, as my wife doesn't think its appropriate, she is probably right.

Any advice would be appreciated as I am struggling with interpreting the forms I have been sent.

Thanks G
ChildSupportLaws Editor 14/03/2017 at 2:46 pm
Your ex still has PR, even though he has not seen your son. However, much depends upon what issue you need to determine in connection with the exercise of parental responsibility. If your ex has not seen your son, then it makes it easier for you to make decisions based upon what you think is in his best interests. If you do, your ex would have little recourse to complain if he doesn't see his child.
ChildSupportLaws Editor 14/03/2017 at 1:57 pm
If you have parental responsibility, then theoretically your ex has to as for your authorisation to move out of the area. If you cannot resolve this matter out between yourselves, mediation is the first option to consider in order to try and find a compromise. However, if you think your ex may move without your authorisation you can apply through the courts for a Prohibited Steps Order. A PSO is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area with their children. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. However, this does not mean you would be granted the order. It is unlikely a court would try to prevent your ex moving on with her life and 100 miles is workable. However, on the other hand, if you have shared-care there is nothing to stop you applying to become the resident carer of your child if you think moving schools and moving your child away from family ties would disrupt your child's life. Again, there is no guarantee a court would grant this. It is always better if you can come to a compromise between you and your ex and try to work out a new solution between you as equals and in respect of what you both think is in the best interests of your daughter. You have worked at this to date - hopefully you can continue to work at this in the future.
JP 13/03/2017 at 10:19 pm
Hi there, need some advice please.
I have a 5 year old daughter, her mother and myself were not married, split up when she was 18 months old. she was born in 2011. My name is on the birth certificate and my daughter has my last name. I do not pay child maintenance through CSA, when we split up we downloaded an agreement from CSA website and signed it saying that as we share custody 50% then we would split in half all costs related to little one, nursery, health and education.
This has been the case since split in March 13.
I have paid £600 a month in nursery till Sept 16 when she enrolled in reception year. we split all costs, school uniform, breakfast club, after school club etc.
My daughter has her own bedroom at my house, her toys, her clothes, everything. I'm a very involved dad, I have regularly during the week (2 or 3 days) pick and drop from school etc, I also have her every other weekend, i take her on holidays abroad 3 weeks every year.
My ex got married in 2014 and has a child who is 1 year old.
Today my daughter, when I got her from school, told me her stepdad told her she would be living in a new house, where he is from, 100 miles away from me and she burst into tears.
Sorry for so much info but wanted to be accurate. Can my ex take my daughter away from me? such a distance I can never be the father I want to be, I cannot keep doing what I do and be involved in her life the way I have always been. thank you in advance for reading and for any advice.
JOE 13/03/2017 at 7:50 pm
my partner has been taking my child into a prison to see her new partner, he is currently serving a sentence for man slaughter and has a very concerning past. I am currently going through court to be able to see my daughter because she has stopped me because I said I would not allow her to take my daughter into a prison. (I am awaiting response to my application at present ).Does anyone know what I can do about this? is there any law to say my daughter can not go into a prison without my concent as I have PR or have any contact with a dangerous offender ? thankyou
ChildSupportLaws Editor 13/03/2017 at 11:28 am
This is a very difficult question to answer as in theory your ex has no rights to your daughter and you could restrict access if you think this would help, especially if you are not happy with his influence on your child. However, as you say your daughter is at an age were she is trying to forge her own personality and quite often children of this age can rebel and try to push one or both parents away. Yet, if you think your ex is trying to instill a level of parental alienation (which is a psychological term, you can do an online search) on your daughter, then you need to speak to your ex. You may wish to lay down some ground rules and warnings of restricted access if his behaviour continues. Likewise, you may wish to look into organising some counselling for your daughter regarding her relationship with you, which you can speak to the counsellor and relay your worries also about the relationship with your ex. I do understand you are between a rock and a hard place here, but as with every parent child relationship you have to make decisions based upon what you think is in the best interest of your child, regardless of her opinions.
M 12/03/2017 at 8:35 am
My daughter is 14 and she is choosing to stay with my ex who she calls dad (no blood relation, we were never married and he has no PR)
I can see my daughter is being brainwashed by this man and notice that the more time she spends with him the more she resents me and has a nasty bitterness towards me. I have tried to discipline my daughter and stay fair but I find myself in a constant battle with her. She believes lies he has told her about me and when she does come home she isolates herself. As he is not consistent in her life when she doesn't see him for a few weeks at a time our relationship seems to work, she accepts what I say and although a small amount of attitude is given from her I acknowledge that she is a teenager and her hormones are all over the place.
Please give me some advice as to how I can help my daughter see that monsters sometimes come in the form of people you think you are close to.
mother 10/03/2017 at 8:52 am
I was wondering if my sons farther still has pr.... my sons 7 and has not seen his dad in 6 years but is on his birth certificate this was his choice not mine he moved on got married and had other children so his not been in contact just wondered where I stand now
Je 08/03/2017 at 8:27 pm
Myself and my ex husband have shared custody of our 11 yr old daughter and our arrangements where 3 days one week and two the next with alternate weekends.
I have recently got a job after 2 yrs unemployed and I have to work weekends, my ex refuses to help me out and has told me to get a new job where I don't have to work the week ends and will not mind her for me so I have had no other option but to let my shifts down on a weekend so I'm letting my employer down which is jeopardising my job.
I spoke to him and said the arrangement wasn't working and will he have her the weekends as he works Monday to Friday, he has blankly refused any type of negotiation and said he will not be a weekend dad.
He shares his life now with his new partner and their new baby and my daughter is telling me that she spends her time ( when at his ) in her room on her Xbox!!!! He has told me he will take me to court so he gets the days that we have always had...can he do this, where do I stand on this??
Kimmy 07/03/2017 at 12:05 pm
Am 29,weeks the father to my child has threatened me with courts says he has rights and is becoming arrgessive stalking my family house we was never in a relationship and is not going on the birth certificate due to this I've been put under so much stress admitted to hospital, where do I stand as the mother
Abs 05/03/2017 at 12:22 pm
Hi, my daughter is almost 3 now. Her mother and I have been separated since my daughter was 6 months old. She now lives in Wales and generally I'll have her every other weekend. Her mother is constantly threatening to stop me seeing her and I was made redundant in January so seeing my daughter is my only joy I get at the minute. Due to having no job I've not been able to pay the same amount in csa each month. It's a short term rut but the mother is refusing to be helpful. I have my own flat but will spend most of the time at my parents with my daughter as she's bonkers about granny and granddad. Her mother has kicked off saying this is the last time I'll see her for a long time. I'm worried that as the father and on the birth certificate I still won't be able to do much without an expensive court battle. Could you help or advise me of anything I can do to help prevent this? Parting with my daughter kills me every time but not knowing when I'll next see her will literally break me.
Smn 04/03/2017 at 10:58 am
Hi, I have a son almost 2 years old, his Dad left when he was 20 months old, he has mentally abused me since, he has threatened me, refused mediation and refused to sign a parental agreement. So now I am left with him being able to pick n choose what he wants, he doesn't have my son overnight as he is living in someone's house and my son has only been away for me for a night in his own home with his Dad, his Dad has just said he wants to take him away for two days and I'm not comfortable with it, what can i do?
Also my ex turns up late all the time, drops him back late, is rude to me in front of my son, he has booked a holiday away missing two access days without discussing it with me! I just feel very taken advantage of and he is very nasty n manipulative, I just need it nailed down,what can i do?
ChildSupportLaws Editor 03/03/2017 at 1:43 pm
If you have denied access to your ex and if you refuse to reinstate it, then the father will have the option of taking the matter to court. Mediation will also be suggested as a way of trying to resolve your issues if you cannot resolve them between yourselves. If you refuse to attend mediation, or if the mediation process fails, then your ex will be able to apply to court. The court will make a decision based upon what it thinks is in the best interests of your child.
ChildSupportLaws Editor 03/03/2017 at 10:07 am
This is a tricky question to answer as the best you can do in this situation is stall the process. If your ex does not have PR, then one option is to request a solicitor writes a letter informing the school of this. You would have to take your son's birth certificate to your solicitor to prove this and this should resolve the issue. However, this could be a short-term fix for a bigger issue as there is nothing to stop your ex applying through the courts for PR and it is highly likely he would be awarded it. If your ex is awarded PR, then you will be under more of an obligation to keep him informed about other aspects of your child's life as well as having to request consent if you ever wished to move out of the area etc. Have you considered suggesting mediation to your ex to try and resolve the situation and try to come to some sort of compromise?
Chezza 02/03/2017 at 5:34 pm
3 years ago my daughter had a problem with drugs.Her and her partner where falling out.Before long everything was out of control.Social services became involved.My daughter as 3 children the eldest girl belong to her ex.The other 2 to her partner.Of course both fathers became involved so much so the father took my daughter to court for residence order.At that time my daughter was working well with the social services and of any form of drug or alcohol.Her and her partner was working with social services doing courses.But her ex had residence because my Granddaughter was happy being with dad.My daughter honestly believed he whould allow contact how wrong we was.He allowed my daughter 4hrs a fortnight and said it wanted me to supervise.There was no contact arrangements ever made and no supervised contact.But my daughter was so desperate to see her she went along in it.She as never seen her over any Christmas never been invited into school.Lately the contact as become less and less.The only contact she as with her daughter's other family is with the other grandma who states that she can make her own desicision.My daughter as had enough.She rang the school today were the head teacher told my daughter to come into school.but her daughter whould not be present because they had been told that she had to supervised that came from My granddaughters father and wife.My daughter as never been a risk and she as never been she as turned her life around and so has her partner the other 2 children are well and happy and now she as a new baby.But at a loss to how to get to see her daughter.Please advise me.
Katty 02/03/2017 at 3:30 pm
Hi I have a 6 month old daughter my relationship with her father has been on and off since she was 6 weeks , we haven't lived with each other since then I have been under a mental abuse person since the relationship broke down I have let him see his daughter and myself time and time again after nearly getting help to stop it , this weekend I finished it and I don't want to be in a controlling abuse relationship any longer , where do I stand with visiting rights
Kay83 02/03/2017 at 12:13 am
My oldest son was born september 2003.
His father is on his birth certificate and we have never been married but iv read that any births registered before december 2003 the father does not have parental rights.
My sons school now wont take him of there contact list as i did put him down as a emergency contact if they could not reach me and listed him as father... and they are now telling me against my wishes they are willing to share all my sons information with him when he calls the school because of this.
He only calls them to complain about me.
They are telling me they want a legal letter stating he has no parental rights.
Do i need to this this when its everywhere iv looked over the internet.
I have signed no agreement to him having rights and nothing has gone through courts.
Can you please help me
Thank you
Justicia 01/03/2017 at 1:02 pm
Hello, my partner and me have very difficult situation between us.looks we splitting out.we have 4 months old baby.I'm really concerned about her mental health.social services already involved because was some matters with police.we had domestic violence before the child and she's still can't control her anger. She's saying that she's gonna move out with child.I have parental responsibilities but I don't want to let her go with a child without residency order done.what options will I have and what should I do first if she will moves out without my agreement taking aour son? Thank You
Ems 28/02/2017 at 8:14 pm
My ex has served papers in me as I told him I'm moving back up north. I do not know anyone down south and both children and I are very unhappy. We have no money to do nice things as it is so expensive to live in the south, also our family and friends are up north and can support us in many ways. My ex and I split up as he beat me up in front of the children and I did not press charges as he is the father of our children. I'm stuck and don't know where to turn as I have no money. Please help
ChildSupportLaws Editor 28/02/2017 at 2:23 pm
If your ex is successful in obtaining PR (which in theory, if your ex is the biological father, he may well be granted this), and you are in fear of him taking your child out of the country, you could simultaneously apply for a Prohibited Steps Order. A PSO, is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area with their children. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. However, you don't say where your ex is from and if he is from a country that has not entered into an agreement with the UK, this may not apply. At present there are 45 countries that have entered into an agreement with the UK to help with the recovery of a child in these circumstances, should this happen (which is rare). In addition, I suggest you seek legal advice and if you have any evidence of your ex's threats etc (even texts/emails) as this will help your case.
Tara 27/02/2017 at 11:27 pm
Hi i have a child to someone who has been refused a visa twice and is now taking me to court to get PR and to get a vailded visa so he can stay here. When i first fell pregnant he didnt want to know saying he is a foreigner to this country and that he would be going back to his country. So i raised my child with my ex who i am now married to and she is named on the birth certificate. At 6 months old he wantted to start seeing his son which i allowed, we even had a short relationship until i found out he had a wife which he has tried to get over here in the uk. So i broke our relationship off and went back to my wife who has always been there for my son and who he classes as his second mum. He said he is now divorced as he couldnt get her here and still sees my son aganist my better judgment but now wants PR even tho he has said before he doesnt want it. My main concern is he will take my son away back to his country and that he will try to tell me what i can and can not do with my son. He has threatened before that he could easily take my son if he wanted to and hasn't recently got in trouble for giving cops a false name and not having car insurance. I dont want him to have PR with his history and background and i just dont trust him. My son is now 3. Any advice would be appreciated.
ChildSupportLaws Editor 27/02/2017 at 3:08 pm
You can say no to access. However, your ex will have the opportunity to take the matter to court and the court will decide on what it thinks is in your son's best interests. We cannot predict what a court will decide. The courts do want children to have relationships with both parents and it will try to make that possible where it can. If your ex hasn't seen your son for a period of years, it is likely if contact it issued it would be supervised at first.
ChildSupportLaws Editor 27/02/2017 at 10:23 am
If you cannot resolve these issues between you, I suggest you request mediation again. However, if your ex doesn't not wish to see you, it is her prerogative. You do not have to speak with her parents on hand over, or you too could request someone else close to you (i.e your parent) to pick your daughter up. You could give it a go and if it doesn't work, or there is further lateness involved, then you could apply to take the matter to court. However, please be aware, if your ex does not wish to personally do the hand over of your daughter, the court may order a similar agreement to the one she has now put forward. Plus, it will cost in legal fees. Taking the matter to court is always seen as a last resort and can add more stress to an already tense relationship, and due to your current disagreement may mean you would not see your daughter until the matter is heard (which can take a while). Trying to work these matters out between you is really always the best way and often does need compromise, both ways. When this fails, mediation is the next port of call.
Mhall 26/02/2017 at 1:52 am
Hi please could you give me some advice. I separated from my wife 6 months ago, we have an 18 month old daughter. Contact was agreed in mediation but she has broke this today after I called as she was late, and I called to ask where she was she wasn't happy! She took my daughter to a 'babysitter' and wouldn't tell me who. Exchanged words and resulted in her saying I unreasonable etc. She now wants me to collect my daughter from her parents, I declined as my relationship with them is not good and don't want my daughter picking up on any possible tension and I feel vulnerable with this suggestion. She refuses to look at other options. If I go to court would I be seen a unreasonable by not agreeing to her terms despite my concern? Thank you in advance
Amyzo 25/02/2017 at 8:09 am
My son is nearly 3 now and not had any contact with father since he was 9 weeks old .. his father left after a affair and got this other person pregnant .. he now wants access .. with we have been trying to discuss my concerns are how this is going to affect my son as he understands his father hasn't been in his life .. his father is trying to demand that he wants him to meet his brother and his new partner .. which I am not happy about as this new partner has been verbally abusive towards me in the street in front of my son and I do not feel him meeting his brother is a good idea .. as if the relationship with his father fails then so it will with his brother any help on how I can stop access with his new family would be great thanks
ChildSupportLaws Editor 24/02/2017 at 12:40 pm
You would have to apply through the courts for a Specific Issue Order. Specific Issue Orders, much like the name suggests, are orders sought from the family court to determine a particular matter in connection with the exercise of Parental Responsibility. These orders can cover a wide range of issues that you and your ex-partner cannot agree on, such as preventing the father from having contact with your child. The fact your son is 15, means his opinion will also be taken on board in court. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
ChildSupportLaws Editor 24/02/2017 at 11:07 am
If the father has parental reponsibility then he has a right to ask for his daughter's school reports and the school are under obligation to supply school reports to both parents with PR. If you cannot talk to your ex and try to ask him or his family to ease off putting pressure on your daughter, then you could suggest mediation in order to see if the issue can be resolved via a third party.
Lottie 23/02/2017 at 3:44 pm
My 15 year olds dad has been completely absent from his life for the past 5 years, no contact no birthday or Christmas presents then out of the blue he's been in contact with my sons school to enquire about his progress ..... my son is devastated as he does not want his absent dad to suddenly know anything about him or his life, he chose to leave my son and his older brother to start a new life with a friend of mine and her 2 teenagers instead ...... how can I stop him from disrupting my sons life.... exams and his wellbeing in general, he suffers from anxiety and is so upset and worried that his dad will just shows up at any point now .... the school can only do so much. We were married until 6 years ago and he's wasn't much of a dad or husband then. I've brought my sons up independently for the past 6 years and I'm/we (my sons) are certainly not allowing him to just upset our balance now as they have managed just fine without him .... any advice would be greatly received. We live in Scotland. Thank you x
ChildSupportLaws Editor 23/02/2017 at 2:01 pm
You haven't said whether there is a contact order in place which would make a difference to negotiations. If there is a contact order in place, you would have to take the matter back to court if you wanted to vary it, or stop access and breach the order which would mean your ex could take the matter back to court to get the order enforced. However, in both cases, the fact your son is now 11 would mean his opinion would be considered by the courts. If there is no court order in place, then if you think it is in your son's best interests not to go to his fathers, then you can either try to resolve the issue with his father directly, or consider mediation. Mediation would allow you to try to resolve the issues via a third party, where you do not have to have direct contact with your ex if you do not wish. Mediation will allow you to put yours and your son's issues forward in order to come to a compromise, or mutual conclusion.
Arthur 23/02/2017 at 10:25 am
Can I stop my ex getting school reports for our 15 yr old daughter?
In recent months we lost 2 of my daughters much loved grandparents in the space of 6 weeks. She has had a very stressful year and is now sitting here final exams.
Having received school reports, my daughter is now getting very negative feedback from her father family which causing more stress for her. She hasn't had a bad school year but obviously not as good as usual.
Although she has nearly finished her school years, she is wanting to stay on but she has told me that she doesn't want her father to receive anymore reports.
Can I put a stop to school sending him any updates or reports ?
Springer5 23/02/2017 at 1:33 am
My son is 11 and has always had contact with his dad. This past few months have been difficult as he is constantly crying saying he doesn't want to go anymore as his dad is horrible, treats him differently to his step kids, constantly accuses him of things he hasn't done, speaks nasty about me, is opinionated and will argue with anyone and anything. He's obviously seeing his dad for what he is and the reason I left him ten years ago but what concerns me the most is that he keeps saying he's frightened and scared of him and he is too controlling (he doesn't let him come home at weekends if he misses me or is I'll and has taken him for days on end without telling me on a few occasions). He suffers with sleep as he is constantly worrying. What rights do we have? I know he will not let it lie and he has hounded me and my son all week wanting answers and kept my son in his car for an hour this week interogating him and making him cry uncontrollably. I'm lost and feeling abit scared myself as he is not one to back down or change his ways. Thank you x
ChildSupportLaws Editor 22/02/2017 at 12:27 pm
The fact your child's father has to pay child maintenance does not guarantee him access to your child; child maintenance and child access have no bearing on each other. If the matter goes to court Cafcass will get involved and construct a report taking into account your views and your ex's, meaning both of you will have your say. Much also depends upon how old your children are and whether they wish to have contact with their father. If the father has not seen your children for a while and has not made any attempt to see them, then it is highly unlikely he would be allowed more than supervised contact, if any at all. If his argument is that he should see the children based on the fact he is now having to pay child maintenance, this will not hold him in good stead.
DeCoy 21/02/2017 at 6:51 pm
I have two children from a previous relationship. The father is named on one of their birth certificates but not the other. Both registered after 2003. I have had no contact from him since 2009 nor has he had any contact with either child. He has recently been tracked down by what was CSA and been taken to court for non payment. He has now made contact with me that he is going to take me to court for access and that if he is going to pay maintenance (for the first time since the split in 2007) that in return he has the right too see the children. Both children have stated that they do not want to see him and I would like to know what rights he may have and does the length of no contact have any bearings on a courts decision on access. He also has previous for domestic violence, drug use, drink driving and assault.
DeCoy - 21-Feb-17 @ 6:49 PM
yulio 19/02/2017 at 12:04 am
Hi, i have been with my partner for 8 years and now he suddenly texted me on my facebook while I was on holiday that it is over, we have a 3 year old daughter, i came back from holiday 4 days ago to find him cold and unaccepting, he keeps hiding his phone in the car and would not let me near it. he has googled abuse on men by women on the internet and now he is claiming that I'm that person. he also has been recording me on mobile 4 times when I was angry with him due to my children being bullied in school, and when I recently needed to know why he would dump me and his child when we were away on holiday. he has been using these mobile recordings to blackmail me . he then informed me that for the last 8 years he has never loved me and that he was with me because it was just convenience to him. he also said he only stayed with me coz I got pregnant. I have today found bank statement of hotel bills when I was on holiday from him . he is now threatening me with solicitors and court because I'm moving away from home. he is also saying that I beat him up but I was trying to get him off the window he was trying to jump off from the house. his family are all hiding him but he has not seen what he is doing to our child emotionally, he keeps running away nights he has not been at our home since 5th feb till now. he sleeps at his mates. i'm due to start college and he is trying to subbotage that by logging his spats incidents to the police against me. we are not married but his surname is on my child's certificate. i just want full custody and he can have visitation. how do I go about this?
Wayne 18/02/2017 at 1:53 am
I have always seen my daughter and paid for her every week we are very close me and my daughter she loves nothing more than being with her daddy .the mum has always called the shots wich I have took so I see my daughter but now she has blocked me from everything so I can't see her and I'm sure my girl is as sad as me breaks my heart . How can I stop getting bullied by mum all the time and enjoy my time with my daughter with out all the stress
someonesdad 16/02/2017 at 7:51 pm
i am divorced from my wife, we have a 7 year old son

up until almost two weeks ago i gad regular contact with my son, two days a week after work and every second weekend.

this all changed after a diagnosis from the doctor saying he was allergic to cats and dogs, she immediaelty tried to stop him coming to mine because of the cat however she said he was perfectly fine to be around her dog although after having to contact the doctors myself i was one was no worse than the other

anyway what started off as a petty argument in her part has spiralled, after i returned my son to her after my weekend i got a call on the monday evening from him on loudspeaker telling me he didnt want to come up anymore because the cats are there, that was the last i heard from him, i know that it is her and her mother who are influencing the situation as my ex now wants me to go up and speak to my son in front of her as there is now other reasons, i have so far refused on the basis that i dont not want to put my son on a pedestal like that and the second i say something my ex doesnt like it will result in her starting on me again which i dont want my son to see.

i have tried a charity who deal with this and they said if i could prove its happening which is very easy as i only txt my ex to show whats getting said it could be classed as emotional abuse and to speak to social work

i went to social work and they washed their hands of me, their answer was it wasnt something they woukd really deal with as the child isnt in any physical danger and because my ex and her father were supposed to have entered statements to court in order to satisfy the divorce about my access times etc and that there was no problems it is a dispute as far as they are conncerned and needs to go to court with my solicitor charging £300ph

i have genuine concerns is i expect this to go on for months and with no access to my son i fear that by the time i do see him his mind will completely abused and or misled by said parties

do you know anyone whom i could turn to short term than can review my sons welfare and that it isnt happening

any advice greatly appreciated at this stage
Rere 16/02/2017 at 5:15 pm
I have separated from my husband and is living in a quiet bedroomed sheltered accommodation with my uncle. Can my ex husband force me to have my children if I don't have any room where I am living and bring them to me and then leave.
ChildSupportLaws Editor 15/02/2017 at 10:29 am
If you live in the UK, you do not have to be forced in to signing anything you do not wish to sign. The choice of school your son goes to should be ultimately decided by you as the primary carer regarding what you think is in the best interests of your child. Yes, the father has a say, if he has parental responsibility. Plus, he would be eligible to take the matter to court. However, it is highly unlikely the court would force you to send your son to a school you do not wish to send him to. Ideally, the matter should be discussed and agreed between you and your ex, but if it cannot you should not feel as though you have to be forced into a situation you feel is not right for your child.
ka 14/02/2017 at 3:10 am
my ex and his mother are forcing me to sign the form for the school where they want to send my son.

ex's mother was very controlling and burried me. my ex never stopped her and now he behaves just like his mother.

they, especially she, annoyed cos me and my son moved out from the town where we used to live and they are living. she sent her partner to persuade me to remain in town.

we didn't discuss to send him to independent school or not, he just handed me the form and threatens me as if i don't sign it and he will send it to the court.
we've got residencial court order and the one for our divorce.

do i have to sign the form? don't i have right to say no?
please advise.
Worried mummy 12/02/2017 at 4:19 pm
My ex has walked out on my & our 3yr old 3 times and the latest one was because his older daughter who is 17 nearly 18yr she has now gone to live with her mum & my ex is now living on the streets or so he tells me he had our daughter over the weekend for the night and said that they were staying somewhere safe but he wouldn't tell me where does he have the right to keep this from me as I'm worried about my daughter what can I do!!! Help me please
ChildSupportLaws Editor 10/02/2017 at 2:51 pm
There is nothing to stop your daughter's father getting in touch with her, unless there is a court order in place that specifies he is allowed no contact. You can ask your ex not to contact your children. However, if he is their father he will have the opportunity to take the matter to court to request access if he chooses.
Nes 09/02/2017 at 6:28 pm
My ex husband left wen my girls were 3 yrol and one 9 months . They have not seen him . They r now 16 and 13 . At school yesterday my 13yr old received message from him . Saying hello to her !! He has had no contact with me or asked if he can do this . This made both my daughters upset and the school concerned . Can he jus do this to a 13yr old !! ??
Kezza 09/02/2017 at 10:45 am
I have been through court over my ex partner and was granted a child arrangements order. My ex keeps telling me he doesn't want my friends and family around our daughter. Does he have any legal right to do this or is he just trying to continue controlling my life.
ChildSupportLaws Editor 08/02/2017 at 1:45 pm
If you want to apply to increase your access to your son, then you would either have to suggest mediation to your ex, and if she refuses take the matter to court. If a court order is awarded giving you access, your ex will have to adhere to it. On another note, child maintenance and child access have no relationship to each other. This means regardless of whether you see your child or not, you are by law still considered to be responsible towards the financial upkeep of your child. This is also regardless of what your ex earns, or the type of property in which she lives. Child maintenance is based upon your income, not hers.
ChildSupportLaws Editor 07/02/2017 at 2:10 pm
Your ex can apply for a Prohibited Steps Order (PSO) through the courts. A PSO, is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area with their children. Every parent has a right to have a relationship with their child and if your ex thinks it is not in your child's best interests to leave the area, then he can apply. The court will then decide upon what it thinks is in your child's best interests. If your ex has parental responsibility, and you wish to move, it is the law that you have to have his consent. If he refuses consent, then you would have to apply though the courts and put forward the reasons why you think it is in your child's best interests to move.
ChildSupportLaws Editor 06/02/2017 at 12:15 pm
If you feel the children are being neglected and it is impacting upon their lives, please see NSPCC link here to see if it applies. It will also point you in the right direction, if it does.
ChildSupportLaws Editor 06/02/2017 at 11:49 am
There are no specific rules regarding when a non-resident parent should have the children, it is agreed on the premise that both parents negotiate. Some parents like to stick rigidly to specific days and refuse to negotiate and feel the other parent should make their own sacrifices if they want to change the arrangement i.e continue the responsibility and find someone to take the boys to football, etc. Parenting is seen as an equal job, but much of the time it is still the resident that has to fit around the non-resident parent and make the sacrifices. Some resident parents feel they should not have to do this, and in cases such as this where the issue cannot be resolved, mediation is usually the best answer.
ChildSupportLaws Editor 06/02/2017 at 10:23 am
I am sorry to hear this. I cannot comment on whether your ex is right or wrong in his attitude as of course there are two sides to every story and parenting involves two people. Therefore, 'theoretically' both parents should have equal rights. However, if your ex's name is not on the birth certificate he has no rights and you have the right to control what access and contact he has and when to bring the children home. If he is not happy with this, his option would be to suggest mediation. Mediation might be a good way for you to be able to resolve the issues you have with him, and in addition to an access arrangement discuss his general attitude. The way to get the best out of mediation is to look objectively at what you want from the discussions and rather than being critical of his behaviour try to resolve the matter amicably and in the best interests of your kids. However, if you cannot resolve these issues through mediation satisfactorily, then your ex will have the option to apply to court. If the court issue an access order, you would have to adhere to it. So, trying to resolve the matter outside court will work better for you, if you wish to still have some overall control.
arh 05/02/2017 at 11:05 pm
Hi,
I've been apart from my ex since my son was 3 months old, who is now soon to be 5 years old. The relationship was abusive and on one incident was documented by my doctor.
Anyway, since we have been apart there's been a lot of solicitor involvement pushed by myself to organise safe contact for my son to see his dad. Due to his dad's weed addiction, excessive drinking problems and very immature attitude towards his responsibilities as a father. Protecting my son has always been my main priority, almost 5 years later and it hasn't really improved. My son will see his dad every second weekend at his grandmothers house where it is supervised by her.
I made the decision a long time ago to move when the time was right, from Scotland to England. Due to all my family being there and I always wanted my son to go to a great school and to have all the opportunities at his door. So my plan is for him to start p1 down south, but the dad has decided to now blame me for having no relationship with his son and wants to stop us from going! Can he do this as he is on my sons birth certificate? I'm aware if it was to be Australia like I read above then there are orders to apply for but if it's still within the UK can he stop us from going ?
I would be happy to make legal arrangements for me to bring my son back to Scotland during holidays ect and open for visits to where we will move. Can someone shed some light on this please. Thank you.
sally 05/02/2017 at 8:05 pm
I have been with my partner almost 3 years now and he and I are extremely concerned about how his children get cared for by their mother.
Its small issues but there are lots of them such as their mother hardly ever has them, if we havent got them they are at their nannas, one of the children has had nits for 3 weeks, (Ive checked his hair each weekend when hes with us but it isnt getting re-checked in the week) they never have their hairs/nails cut or have a bath, they never get a home cooked meal for tea they have a sandwich or pub food and this week one of them has come to us with a bad ear infection but she doesnt seem to be interested in getting her checked over. I have 2 children myself and wouldnt raise my children like this. It is upsetting my partner knowing he sends his children home each sunday to not be looked after until they come back to us the following friday. Is there anything he can do?? Hes tried lots of times to speak to her but unfortunately it makes no difference.
Jlaker 05/02/2017 at 5:24 pm
My partner is separated from his wife who has overall parental responsibility for their 3 sons. He sees them every Tuesday evening and overnight and once at the weekend (usually alternative Friday and Saturday nights and the following day). He has been out of work so has been lucky enough to be able to drop the boys at school on a Wednesday morning and pick them up on a Tuesday afternoon, however he has just got a new job which will mean he can no longer do that and also the staff meetings are on a Tuesday night so he won't be able to have them then. We have an arrangement on a Wednesday night we can't change so he's said to her he can have them Thursday night instead. She's now causing major problems telling their oldest son that h can no longer go to football on a Tuesday night due to his dad as she won't take him and also that we have to cancel our plans on a Wednesday so he an have them then. Nothing is in writing so what rights does he have?
Maxi T 05/02/2017 at 7:17 am
Hi I was with my ex partner for 17 years and we have 3 kids aged 7,6;& 22 mths. We split up last year. Prior to this he had been having the kids every weekend cause he said that was his legal right....he can be very intemidating and manipulative to get his own way. He is not no the birth certificates as he refused to put his name on them as he didn't want his wife and kids to find out. He can be aggressive when he doesn't get his own way and has told our 7 year old son to watch if I speak to any other men etc....I'm very concerned as my son is vulnerable and is under the care of camhs for assessment but iþ comes accross that his dad is almost grooming him to be a carbonus copy of himself. He has told my son and daughter that he hates me and has threatened to take me to court and has told me his solicitor advised him that if he gave up work he would get full custody of the kids which scared and upset me. He has the kids every other week ending and come up every evening after work to see them but he can be argumentative and when I tried to talk to him this weekend to let him know I feel that the kids should stay home weekends for a while as my sons behaviour and temper is getting worse just till camhs have done their medical assessment and I know what I'm dealing with... he stormed off back to worcester where he lives without saying bye to the kids and has not even called to see if they are ok. The sad thing is they are fine as they have got used to him doing things like that. I told him he cn come up and see them when he wants to and take them out week ends but bring them home after. He keeps saying I'm trying to stop him seeing his kids and calls me names in front of the kids and even went to the extreme of saying he wishes me a horrible painful death in front of the kids. I just don't know what to do anymore as it's becoming impossible to hold a civil conversation with him and I'm tired of the kids being upset by what goes on it really needs to stop. He hates me so much as 2 years ago while we were on a break I slept with someone else just once but I told mynow ex 2 days later as I thought it was wrong and out of respect he should hear it from me. Since then he has made my life a misery and last year easter he had a mild heart attack and had stents put in. The doctors told him to change his lifestyle stop smoking and he needed to loose weight as this is what contributes to the heart attack but he has said it was my fault because I've give him a dogs life and caused it to happen. We have never lives together and he is still married. I need help and advice as he is stressing me and the kids out.
Lee 04/02/2017 at 11:02 pm
My ex partner threatened to not give my 2 month old back th first time I let him have him on his own. I went and got him to whic I received a load off absue from him and his mother he then decided to take me to court for no reason at all. 3 months later hasn't heard a thing no court proceedings etc. Hasn't paid a penny. At xmas 14 weeks after he last saw him I contacted him to ask if he wanted to see him he started seeing him again planned one day a week till he got to know him and not on his own or at his flat as he sells drugs and left my two month old with someone on drugs. He seen him for a week then decided he wanted 2 days a week and a sleep over which I said no to the sleepover and said see how it goes with one day first. Now he's sent me letters to take me to court and threatening me saying once he gets on birth certificate I can't do nothing n don't have a say etc he isn't safe with him he's 6 months old and doesn't even know him surely he won't get access alone or sleep overs ? I also have harassment krders on him from turning up at my home on drugs shouting at me and sending me abusive texts he also has his windows put in every other week as he owes everyone money I would rather
Go to jail than let him have my baby without supervision HELP
Kevinkev 04/02/2017 at 3:16 am
My daughter lives with my ex partner. She had to move out a few days ago as she never paid her rent. For some reason she is blaming me for her this and she said I can't see my daughter. I have to take her to court to get regular access as I have my daughter twice a week and I am worried that I will only see her every other week, which is not enough. How much money would it cost me as I work, I can't claim legal aid.
Maria 03/02/2017 at 5:30 pm
My ex boy is 14 and wants to live with me he has been here a week and doesnt want to live with his father ive brought him up since he was a baby but we never married and i didnt adopt can he stay with me
Maria 03/02/2017 at 5:26 pm
Im a step mum to a 14 boy i never married the boys dad and we split last yr but his son wants to live with me not him can he make him go back home he has been here a week now and his dad is saying he can just take him back
ChildSupportLaws Editor 03/02/2017 at 2:27 pm
Yes, you can either apply for a Prohibited Steps Order. A PSO is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. You can alternatively apply for a Specific Issue Order. Much like the name suggests, these orders sought from the family court to determine a particular matter in connection with the exercise of Parental Responsibility. They can cover a wide range of issues that you and your ex-partner cannot agree on, such as taking your child out of school in term time. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order.
Amelia 03/02/2017 at 12:01 pm
I have a 9 month old baby boy who is with me all the time I can count on one hand the amount of times he has slept at my mothers for me to have a break. My recent x partner works away mon to Fri we have done nothing but argue for months to the point we have got to call it a day he is very manipulating and very verbal abusive. I also have 10yr old and 16yr old girls from previous relationship. My 16yr old is working and does her own thing most of the time and 10 year old is very sporty has hobbies ever night of the week. My ex partner wants a FaceTime call every night to say goodnight to his son which I understand he works away and important to him but this is not possible on some occasions which he carnt accept he demands he wants it ever night and has no consideration with how hard it is to run a family home and run 10yr old to hobbies etc this was actually the way our relationship has ended as one night missed in 9 months and received the most nastiest texts ever. He wants to come home and have baby all weekend I'm going to go stay at my mothers as carnt stand another weekend of nastiness but I think spending fri night and all day Saturday and me having him Saturday night is fair he thinks different what would the law say I feel he is the one who works away not me why should I be told when he has baby it is also important for me to spend time with my son at the same time as my girls who during the week are in school and work I also couldn't bare been away from my baby for a full weekend my x does have pr what will be the best decision to make for baby boy 9 months best intrest
Concerned 03/02/2017 at 11:49 am
Sorry about the multiple comments - dodgy internet connection!
ChildSupportLaws Editor 03/02/2017 at 11:11 am
If the father has not seen his child for over two years, the court is not going to disrupt your child and demand you move back to the area because you did not ask for his consent. While the general rule says that resident parents should ask for consent from the NRP with parental responsibility to move out of the area, this would be enforced more if the father had shared care, or a close involvement with the child. In such cases, the courts would look at whether the parent would be taking the child from their NRP, close knit family, friends, school and then decide upon whether such a move would or would not be in the best interests of the child. Therefore, it is highly unlikely a court would wish to disrupt your child's now established life, particularly if contact with his father has been minimal. It means it is up to you whether you wish to tell your ex, or let sleeping dogs lie.
Mick robbo 02/02/2017 at 6:47 pm
Hi just found out my ex partner is going to take my son to australia in november this year. My son is 15 and he lives with her and his mam intends to take him out of school at a time where he will be doing revision and moch exams in preperation for his final year. My question is do i have a legal right to block this decision as my ex never asked my permission to do so because she knew what my answer would be. We never married but i was present at the birth and have my name on the birth certificate.
Concerned 02/02/2017 at 11:24 am
Hi,
My son is 5 years old, his dad and I split when he was a few months old. (It wasn't a good relationship and in the build up to us separating he threw a phone at me whilst holding the baby and raised his hand to me on several occasions.)
When my son turned 2 (after me facilitating contact every other weekend, providing everything my son needed whilst he was there as he couldn't afford anything, accepting his excuses as to why he couldn't pay csa) he told me that on his last visit to his Dad, he had hit him round the head because he was naughty (he still maintains this to this day and brings it up of his own accord) the day after he told me this, my ex came under police investigation for abusing his niece.
I was told by the police and social services to only allow supervised contact, which I duly did. He wasn't pleased by this and refused to see him unless it was on his terms. I sought contact through a contact centre after he refused my offer of either coming to my house or me going there with my son. I took my son for his introductory visit and was then told by the centre that my ex hadn't responded to them to arrange the first visit and they couldn't get hold of him - a fact that he disputes but which I have in writing from the centre.
Even through all of this I tried to keep him involved, invited him to school open days when we were choosing a school (not that he turned up) and offering to meet him at parks or play places, I have all of the scripts from the messages to show this.
He hasn't seen him for 2 and a half years and I have had no contact nor csa from him in this period.
My husband and I have now moved 250 miles away as we both got better jobs, a better house and have my son in a lovely school (his last one was a 'requires improvement' that we didn't choose due to oversubscription)
I have been in touch with my exes mom and also taken my son to see her and she is coming for a holiday with us next year, she has no idea where her son is and neither does his other children's mom.
I have subsequently found him on Facebook and don't know if I should tell him we've moved - he chose not to see him, I have made every possible effort given the circumstances and I am worried that he can take out lovely new life away from us. My son is so happy and is a different child since we've moved and I don't want my ex to take that away from him, given that he has not shown any interest for over half of my sons life. What do I do?! I would really appreciate a response to this to point me in the right direction.
Many thanks
Leah30 01/02/2017 at 8:27 pm
My ex has a contact orderand he also has parental responsibility. We have a daughter. Recently she told nursery (she's 3) that her dad hit her with a hammer and pointed to her leg where there was a small bruise. Nursery have spoken to social services. And I'm waiting to hear from them. He has a history with violence against me and is a steroid user (body builder) he is very controlling and manipulative. Even though we havr no contact he says nasty things about my parenting to my mom who does hand overs. My question is. If he asks do I have to tell him where she goes to nursery or school? Even under the circumstances. She has been at nursery for over a year and he hasn't bothered.
Leah30 01/02/2017 at 8:24 pm
My ex has a contact order and he also has parental responsibility. Recently she told nursery (she's 3) that her dad hit her with a hammer and pointed to her leg where there was a small bruise. Nursery have spoken to social services. And I'm waiting to hear from them. He has a history with violence against me and is a steroid user (body builder) he is very controlling and manipulative. Even though we havr no contact he says nasty things about my parenting to my mom who does hand overs. My question is. If he asks do I have to tell him where she goes to nursery or school? Even under the circumstances. She has been at nursery for over a year and he hasn't bothered.
Steve.8504 01/02/2017 at 5:10 pm
My ex partner is very controlling and uses my son against me in everyway possible . She allows my access on her terms at her house even though I was my sons main carer after he was born a son I gave up work when she finished maternity.
Even though I see my son weekly I have still not been granted any overnight access as my ex partner controls every situation.
I am constantly waiting on her to allow me to go round of an evening but she frequently cancels stating work issues even though I know she is home at the usual time as she isn't the smartest liar in the world and is quiet easy to catch out.
She doesn't seem to understand the shared responsibility parents have and believes it lies with her and her only and I'm basically a bit part player .
I am at my wits end and frankly do not no where to turn. She seems to think I am not entitled to proper shared access but she is quiet happy to take £450 per month off me for my son to go to private burserysk she can continue to work and live in her nice house.
ChildSupportLaws Editor 01/02/2017 at 3:10 pm
The difficulty with your question is that parenting should be a joint arrangement with each parent having an equal commitment to the child. Sometimes, this involves inconvenience and if your partner cannot find alternative childcare for the times when he should have his daughter, then he should perhaps request flexible working or put another arrangement in place. Both parents are entitled to earn a living and both parents should arrange their own childcare when it is their specific night and they cannot do it. I can only suggest mediation if they cannot agree between them.
ChildSupportLaws Editor 01/02/2017 at 1:57 pm
Much depends upon the reasons why he hasn't seen your daughter and why he wishes to see her now. All courts allow both parents a right to have a relationship with their children, unless there is a good reason why one or both parents shouldn't. Yes, you can prevent your ex from seeing your daughter initially, but if it goes to court, the court will make a decision on your behalf and what it thinks is in the best interests of your child. Also, if it goes to court and the court awards visitation rights with specific conditions attached (i.e supervised visits leading to unsupervised visits over a specific period of time), then you both as parents will have to stick to the order. If you feel you do not wish to go through the court process, then mediation is an option also. Mediation should, where possible, be used before the matter reaches court. The primary reason is that mediation is an opportunity to come to a mutually agreed decision, one that you can take ownership of and want to ensure works. However, you have to be open to negotiation for this process to work.
Blue 01/02/2017 at 9:50 am
My partners ex is very controlling. She works part time two nights a week in a care home. He works a full time day job and part time for The army which involves some evenings, and occasional time away. They were never married and were only thgehetr a few months when she fell pregnant. They have no court order and she has always dictated the 3 nights a week he has his daughter (2 for her to work and one for her to go out ) He has been doing this since she was 3 months old and she is now 3 years old. It has been very difficult and stressful for him
as any time he has to work and it clashes with contact she is very abusive and insists he has to have his daughter or he won't see her again, she insists he is a part time parent and as such his job has to work around the days she dictates.
The thing is she has two children. One from a previous relationship that she also has to have minded so that she can go to work/go out, so he is not responsible for wether she can go to work or not. My partner is not the childcare, he's a dad. If he cannot get out if a work obligation she dilberarly doesn't go to work. Has made him pay for the childcare if she lets him go, He was away with the army for two weeks trainkng (he has no choice in this) over the summer and she deliberately didn't work the whole time even though she had months notice, and is blaming him through a solicitor that her job is in the line because of him and that he has to have Emily when she says with plenty of other added caveats too :( or he will not see his daughter again. He is exhausted, stressed and sick with worry. He has always paid over and above what childmaintance says he should, £350 a month when it should be £160. She has since gone to CSA and is now furious that he is now going to go with what they say and pay less than he has been. He has another teenage daughter who he also has 3 nights a week and he tries to juggle everything to keep everyone happy.
My question really is, can his ex dictate the nights he has his daughter? Any help or advice would be very much appreciated.
Rv 01/02/2017 at 1:04 am
My ex has not been a part of my children lives for over 5 years they call my current partner daddy. When my kids where young he used to hit me and take my kids money for his drink & drugs he even chased me down a hostel with a chopper in his hands my kids are terrified of him. He been in & out of prison loads of times. I let him back in there lives in 2015 he promise he would not let them down but he did. He strangled me in my kitchen in front of my eldest girl. Now he taking me to court 2 years later... He what am I too expect the court to order.
Worst case scenario. urgent reply please
Lizzy 31/01/2017 at 8:31 pm
My partner and I split up four years ago he has had no contact with my daughter for almost three years and last week I received a solicitors letter saying he wants to see her ?????

What rights does he have even though he's not seen her for years he is a stranger she is 7 in March ????
And can I refuse to let him see her or will it just go to court and he'll end up seeing her anyway????

Any help
Please ? X
butterfly 31/01/2017 at 12:11 pm
My sons father hasn't had contact with my 7 year for 3 years now, I stopped contact because he threatened to take him from school. he is on the certificate but don't bother. what rights has he got now and can he still take him from school
ChildSupportLaws Editor 30/01/2017 at 12:23 pm
If the father is not on the birth certificate of your child, then he has no rights over your child and you are free to make the decisions you wish which include allowing your new partner to adopt your child. However, please be aware the father can also apply for Parental Responsibility through the courts which would give him some rights.
ChildSupportLaws Editor 30/01/2017 at 12:13 pm
Mediation is probably your best option. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings, contact orders, residence agreements and divorce. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. Anybody who wants to get a problem sorted is suitable for mediation. Court is always seen as the last resort and should only be considered if mediation fails.
Cerz 30/01/2017 at 12:26 am
My daughter father disowned her when she was 2weeks old and now she all most four he come to register her with me but am with someone else we won't to get married and he wants to apoted her will her father have any say
Curly 29/01/2017 at 8:32 pm
My children see their father twice a week he pays money and it's on his terms when he sees them sometimes these days don't suit and he refuses to change them I'm legally separated and his name is on the birth certificate, is there anything that I can do to sort out weekly contact as I have had enough of this, it's not good for anyone and it's getting hurtful all the messages back and forward and that's all starting with me asking when he's taking the kids, can I go to a lawyer and get set days/times put on place for a routine for the kids?
Amanba 28/01/2017 at 6:55 pm
My friend's ex is under police investigation for assaulting his 4 year old daughter. What right has he in relation to contact with the child and if found guilty does he lose his parental rights.
Murray 28/01/2017 at 5:10 pm
My partner and I have split up . I we lived together for 19 years . We are bother on the council rent book . My partner moved out 2 months ago and left me the children . My ex has a knew boyfriend . What are my rights ? Do I have PR ,can I get her taken off the rent book and. can I keep her boyfriend away from my children ? Any help please !
Sora 26/01/2017 at 6:49 pm
My daughter and I fled Domestic Violence from my ex and the police and social service involved. He was violent toward me prior and after my child's birth. He and I have PR. Now my child and I are staying with my sister and I just applied for a visa. My ex doesnt know our whereabout for the safety reason. I'd like to know that if it's possible to apply for a contact order( My visa is on the progress therefore I don't know my rights) or what type of order can I apply for?
Ian 26/01/2017 at 1:44 pm
I split up with the mother of my daughter 5 years ago and in that time we have had shared custody(not official) I have my daughter for 4 days then my ex has her for 4 days. My ex has just told me she now wants to work full time meaning she wants to change our arrangement. I cannot change the days I have my daughter as the days I don't have her I work. My ex returning to work only affects her as she will have to arrange child care for our daughter when she is in work. Where would I stand in a court of law with regard to changing the informal agreement.
ChildSupportLaws Editor 26/01/2017 at 11:20 am
Before a family matter goes to court (which your ex is entitled to take you, if you refuse access to your child), you should firstly consider mediation in order to try to resolve the matter. Mediation is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. Therefore, if you are having problems with your ex keeping to any agreement, mediation is the ideal way to find a solution. However, if you wish your ex to have no contact to your child, then court would be his only option. The court will then decide upon what it thinks is in your child's best interests and any child access/arrangement order awarded through courts will by law have to be adhere to by both parties.
Louise1 25/01/2017 at 11:26 am
My relationship broke down with my ex a year ago due to his infidelity. He has our son twice a month. He always changes the times and sometimes the days.
He thinks what he says goes. Now as I told him he can't have our son this weekend he said he is going to take me to court. I am just wondering where I stand. He was violent towards me when our son was a baby and social services were involved.
I am not sure where I stand with this.
Tyler's mum 24/01/2017 at 2:42 pm
hi i was wanting some advise as my sons dad is on the birth certificate and doesnt pay for his son but he thinks just turning up and saying hes taking me to court if he cant take his son for the night, until recently hes not been there for my son and when he is its as and when it suits him, he rang social services on me for no reason, my son doesnt really know his dad and when he comes back from his dads he always has little cuts on him and is constantly attached to me, i don't know what to do anymore as my sons dad get in between my relationship, he doesn't directly talk to me its his girlfriend and I don't trust them.
ChildSupportLaws Editor 23/01/2017 at 12:51 pm
If you feel your ex is abusive to your daughter please see NSPCC whichThe NSPCC can also help if it thinks there is cause for concern.
dad 22/01/2017 at 3:09 pm
Hello my partner and I split up 2weeks ago and she gave me gave me our daughter to have fulltime as my partner is violent and has attacked me before I was caring for my daughter for the last week and invited my ex round to visit our daughter when she arrived she had brought her family Wich I had asked them to leave they refused to leave then the police showed up and arrested me under false allegations and was released but my ex took my daughter and now won't let me see her my ex partner slaps our daughter who is a year old and causes bruises and leaves my daughter in dirty nappys and clothes the police and social services are not helping what can I do I really need help
Loubee 21/01/2017 at 1:00 pm
Hi, I need some advice for a friend. He and his ex split up just over a week ago and she's had two men (separately) going to her house which she met on social media, she is apparently now in a relationship with one of them. My question is they have a 3 month old baby who he obviously is not happy with being in the house when strange men are there - what ateps can he take as he's spoken to her and she said she wouldn't have them around when the baby is there but when he took her back today the man was there.
mamatoboy 21/01/2017 at 4:50 am
Yes, I was wondering if my baby daddy is allowed to take my son whenever he pleases, he seems to think he can, my son lives with me and all he knows is me, he hasn't seen him in almost half a year, doesn't always provide the stuff he needs, I agreed that I would let him see him but on my terms and when I say so, but he wants to rebel against that, my son is only 8 months old, he wants to be him to be able to spend the night with him whenever he wants, he rents at room, doesn't drive(neither do I) and he also smokes weed is he able to legally have him if we do end up going to court, his name is on the birth certificate
ChildSupportLaws Editor 19/01/2017 at 2:17 pm
If your son wants to re-apply for access, he would have to apply through the courts for the previous court order to be enforced. If he does not have the address of his child to allow him to apply he can fill in a C4 form, which is an application for the disclosure of the whereabouts of a child. This will allow the courts to put a trace on his son in order to bring the matter to court.
ChildSupportLaws Editor 19/01/2017 at 12:12 pm
There are a couple of options for you to consider if your ex refuses to meet you halfway, one is to apply for a special expenses variation through the CMS (if you are paying child maintenance through this method), The expenses you can claim for, include; fuel, train or bus fares and overnight accommodation if a return journey in the same day isn’t practical. Your other option would be to take the matter to court under a Specific Issue Order, especially if your ex moved away without your consent (as if you have PR, your ex should have requested your consent to take your child out of the area to live before she moved). Specific Issue Orders, much like the name suggests, are orders sought from the family court to determine a particular matter in connection with the exercise of Parental Responsibility. These orders can cover a wide range of issues that you and your ex-partner cannot agree on. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. Mediation is also another option to consider prior to court. You may wish to ask a solicitor to draft a letter outlining your rights as a father and that you will not hesitate to take the matter further if your ex will not consider a mutual compromise or through mediation as a way to resolve the issues you are experiencing. I hope this helps.
ChildSupportLaws Editor 19/01/2017 at 11:07 am
You can either decide mutually whether the contact agreement should continue unofficially, through mediation (if you can't agree between yourselves), or if you refuse to extend the agreement or attend mediation, your daughter's father can apply to have the order extended through court. As your daughter is now 16, her opinion will be taken on board by the judge as to whether she wishes to continue the arrangement or not.
Lilsaint 18/01/2017 at 9:32 pm
My son had supervised visits at my house with his son he wasn't allowed to take him out and I had to be there when his ex was picking him up or dropping him off.she had an argument 1 day with him and hasnt seen his son for 3 yrs we don't know where she lives so carnt contact her we do know she has had 3 other children since with somebody else but that's it we dnt know what to do pls help
Savory247 18/01/2017 at 4:20 pm
Hi I'm wondering if you could help. My ex girlfriend moved away with my son a year ago. it's a 12 hour round trip when ever I'm alloud to have him(school holidays as he is 5 now) it's getting tharder to pick him up every time as it costs so much but my ex refuses to me meet me halfway or do one journey and I do the other. It's starting to get very hard for my boy too as all his family live near me and he has no family where is mum moved him too. Is there anyway of making her meet me halfway or where would I stand if I was to apply for custody given the circumstances?? Cheers
Nad 18/01/2017 at 1:43 pm
My daughter's contact agreement with her father comes to an end when she reaches 16 this year. She has contact 5 days at Easter and 10 in summer. No other contact.

What are the requirements for contact when she reaches16?

Thank you
ChildSupportLaws Editor 13/01/2017 at 10:15 am
I am sorry to hear contact between your children has been stopped. Your first step should be to send a solicitor's or registered letter to your ex-partner in which you ask her to reinstate contact between you and your children, stating that if she does not do so, then she should attend mediation in order to try to resolve the matter between you, or you’ll have to resort to legal action. Don't forget to take a copy of the letter for your records and keep your proof of sending. If this produces no action, you have no alternative but to go to court and ask for an interim contact order. In order to obtain a contact order you will need to submit the correct form to the court, I hope this helps.
Dimitriwt 12/01/2017 at 7:10 am
Me and my ex have twin boys together. I cheated on her so I made a terrible mistake. She said she's doesn't want our boys having anything to do with me and does not let me know how they're doing. My name is on the birth certificate so do I have rights to see my children?
Hunty84 11/01/2017 at 7:19 pm
Hi . My husbands ex wife had stopped our contact . He has 2 sons with her, one of which has downs syndrome so has additional needs . We have had an arrangement through mediation which has worked fine for the last year . We have them every other weekend from Friday eve until Monday morning and every weds from school time until we drop off Thurs at school . We also share the school holidays . I also have 2 sons by my ex husband. After the festive period she has decided that we have changed the weekends and she has stopped all contact . We had them last weekend at the end of our Xmas contact period , so going forward we should be having them next weekend. She disagrees and states that it should be the same weekends as last year in effect us having them 2 weekends in a row . We have disagreed on this even offered a compromise but she refused . Today she removed one child from school early and then changed the younger child's school transport to her address instead of ours . We need to know where we stand legally on this . If we remove the children from school I to our care can she claim them back from us ? If we decided to change their schools so she was unable to snatch them back are we in our rights to do this ? Obviously he has the PR for the boys as I'm just their step mum but do I have any rights legally ? We don't want it to come to this but we already have concerns for their wellbeing . The elder child has developed a nervous tick and is constantly grilled about what we do with him and the child with additional needs is constantly dirty and unkempt etc . She fails to attend his important appointments about his eyes ans teeth and neglects his specific medical needs also . Obviously we feel they would be better with us but we don't want to take it that far if we can reach a resolution amicable but she's now refused our normal contact so what can we do ? Doing this will have devastated the elder child , confused the younger one and has upset both of my children also . We also have concerns regarding someone who is around the children whilst they are with her regularly. Are we able to raise this concern in support of our case ?
DB 11/01/2017 at 7:14 pm
I have a six month old baby, the father was not around when he was first born. He eventually made an appearance and I let him see his son at my address as I didn't feel comfortable letting him take him anywhere. He physically attacked me on two occasions in November/December right infront of my son. He has been charged with Assault and a court case pending. He is now demanding contact but I have discussed with the social that I only want supervised contact, I would not be comfortable with unsupervised as he is generally emotional and physically abusive, even infront of his other children. I would only panic if he is left alone with my child. I am convinced he would do something to him, or someone else around him. I would also be concerned with him bringing him back. I don't mind so much when he is much older and he can tell me something is wrong. He has contacted me on bail conditions saying the social worker said he would be allowed unsupervised contact, but I don't think the social would even be in a position to make that decision. This is really worrying me, I haven't allowed him any contact yet as a contact centre is the only option for me, but do not want to be taken to court. He is not on the Birth certificate and we have never been married. What are my rights and options?
ChildSupportLaws Editor 11/01/2017 at 2:43 pm
You would have to either suggest mediation or take the matter to court (if your ex refuses to attend and you can't resolve the matter between you). If you have parental responsibility, your ex should have consulted you if she wished to move further away as it would affect your access rights. Therefore, you might want to get a solicitor to draft a letter outlining your PR rights and stating you will take the matter to court if she doesn't re-instate weekly access. The fact you have had your kids consistently will help you in court. Therefore, it is better to address the matter sooner rather than later. A court order can also request your ex meets you halfway and if this is the case, she would have to adhere to it.
ChildSupportLaws Editor 11/01/2017 at 12:15 pm
If your ex has not been in your child's life, then you are within your rights to refuse him access to your child, it would then be up to him to approach the courts if he wanted contact to your child. It is highly unlikely your ex would be granted unsupervised contact through the courts. However, prior to that he would have to be asessed and the court will always opt for what is in the best interests of your child and if it thought your child was at risk it would not allow contact.
Shannon 11/01/2017 at 12:09 pm
Hello, my ex and I broke up nearly 8 months ago, he has seen our daughter (17 months) twice a week for two hours per time, supervised by myself as he has proven irresponsible to have her on his own. On many occasions in our relationship, he has emotionally abused me and by doing so causing a lot of anxiety and depression on my side, which in turn affected our daughter who then, and still does not like to be away from me. Since our split he has put her in constant danger, dropping her Down a 12ft inflatable slide on her own, giving her hot food, leaving her on climbing frames before she can walk etc...I have a lot of evidence and messages where he has admitted to this. I feel it is in my daughters best interest to suspend contact until he has had some kind of parenting classes as he doesn't know anything about looking after her or himself for that matter. Am I within my rights to suspend his contact if I have evidence to prove his neglectful behaviour?
Michelle 11/01/2017 at 11:23 am
Hi me and my ex (still married) but split for 5 yrs have an 8yr old...we live down south...he does not pay child support or have a regular routine for seeing her, and I wondered how I would stand on moving her with me up north to be with family as I need support as I have bad health and mobility...neither of us are originally from down here so I have no family to help and he doesn't help out. I would be willing to meet him half way for visits...just didn't know if he could stop me.
Dv 11/01/2017 at 11:10 am
Hi I have stopped my girls add from seeing our children due to him drinking and even drink driving while he had them.
I was not married to him and he hasn't sen them now for 7 months. Is there anything else I can do to stop him from seeing them. They also do not want to see him
Whop 11/01/2017 at 8:40 am
I'm a separated dad of two boys. We came to an agreement that I would have the kids every weekend unless stated for example had a party to go to or was away for the weekend I wouldn't have the kids this was all fine as we lived 45 miles apart and I always pick the kids up on a Friday and drop them off on a Sunday without fail no the mother has moved further away so the journey is no just over 100 miles away I've agreed the same terms but want her to meet me halfway she has now stated it is too much for me to have them every weekend and only wants me to have on every fortnight weekend I love my kids and this would break me were do I stand thank you
Clare walker 11/01/2017 at 4:53 am
Hi my little girl is 9year old hur dad has not been in hur life for 8year he been in the jail two time for hurt old pepol he is a very bad person he is a denger to my wee girl he is on the birth certificate can and dose he still have rights what can i do to keep him a way
Daz 10/01/2017 at 7:16 pm
I've been living with my partner for 7 years we now rent of her mother..we have a 1 and 2 year old..we had silly argument but she has now taken my kids to her mum's and won't let me see or speak to them or even answer my calls or texts. She was made even angrier because she called police and they removed her from house telling her to go to her mum's as I have a past she thought they'd remove me...big applause for police not jumping on women's side. . Her mother said would get social services involved and stop me seeing kids..don't know what for!but now sat at home alone haven't heard a word for 2 days...what can I do where not married...help
ChildSupportLaws Editor 09/01/2017 at 12:36 pm
Mediation is your first option if your ex will not agree to put together a timetable. If you suggest mediation to your ex and he refuses to attend, you will then have the option of taking the matter to court. The court will always decide what is in the best interests of your kids and structure and consistency is one of them. Unless your ex has a good reason why he cannot provide you with a structured arrangment, then you shouldn't have a problem getting a court order regarding this matter.
Parent chat 08/01/2017 at 8:50 pm
Hi my partner and I separated 3 years ago and he works shifts .. They are quite difficult to work out and I have been given a list of his shifts in previous years and just to be awkward this year he has refused to let me know them. Therefore I cannot plan my life as I never know months in advance whether he will be caring for them. It has turned very sour aand hisnfamiky have been sending abusive messages .. And I have been bowing down and giving kids every single time he has days off. I am not being unreasonable I just need to know what days my kids will be with their dad for the year like every other parent gets set days. So I don't ever need contact again unless an emergency .. I told him they were out yesterday when he turned up and he could get them today , he never turned up .. Again ... I am powerless and don't know what to do , I have asked that he does not come to get them until I know what days he is turning up ... Where do I go from here ?
ChildSupportLaws Editor 05/01/2017 at 11:09 am
If you are based in the UK (we only have knowledge of UK family law) and you have parental responsibility by having your name on the birth certificate, then the police cannot intervene if you decide to take your child out of your in-laws house. However, this is never a good idea and as a short term solution, it has long term consequences that can backfire on you. Therefore, if you wish to have access to your child, the best route is to suggest mediation to your ex, and if she refuses apply through the courts for regular unsupervised access. The courts do want fathers to see their children and unless there are good reasons why you shouldn't see your daughter, the court will do everything in its power to make sure you have a reasonable relationship with your child. However, taking a child without consent can have serious repercussions, even if you are theoretically allowed to. If you are not based in the UK, your country's family law will differ, so you may wish to seek legal advice.
confuseddotco 04/01/2017 at 12:03 pm
Hi there, my wife ran away from home to the in law house with my 1year old daughter. (We not divorce). The birth certificate has both our name on. My wife put limitation on when I can see the baby (few hours at in laws house!) and all I wanted is to spend at least full day with my daughter in my own time. She threat me to call the police if I even step outside the house with my baby. The question is will I get into trouble if I take the baby to my home?
steff 28/12/2016 at 8:44 pm
my friends baby mom threatened him , telling him is he does not stop talking to me that she will put a restraining order so he wont be able to see his son .... what can he do to not lose custody of his son over her threat. ive been friends with him way before he was with her.
Mf 28/12/2016 at 9:52 am
Hi the mother of my children accused me of hitting her during an argument which was false although there was grabbing and pushing from both parties. I was arrested but she refused charge. She was granted a non molestation order and prohibited steps order which she asked to be overturned once she calmed down the judge told her you will not get another...that was like 18 months to 2 years ago since i have moved far away pay child support and see my kids every weekend and holidays. At every turn she makes my life difficult sends me abusive texts saying how useless i am and that the boyfriend she has just got with is a better dad than me...blah blah blah she has attempted to stop contact we both have pr. And i just feel to refuse to bring the kids back she deliberately refused to let me have them on boxing day which i normally do. Im struggling not to be petty like her and i cant afford a solicitor and legal fees. I know im within my rights to take my children i just want her to be reasonable and stop with the texts.
Unhappymum 27/12/2016 at 2:31 pm
Just wondering if anyone can advise me on my problem? After 14 years of doing the best for my son by allowing unlimited contact with my ex and his family where I have been undermined and totally disrespected by them to the point it as messed my son's head up! I have now requested they stop contacting me or visiting my home due to it causing too much stress to me and making a bad atmosire for my 16 year old who is totally disrespectful towards me. And I have informed them they need to make other arrangement to meet my son elsewhere by phoning him. Is there anything they can do to me legally about this?
Great britain 27/12/2016 at 8:53 am
my exs name is on my daughters birth certificate, I have had the police called to remove my ex from my property as he wouldn't leave as he had been using drugs in my house. As a mother I didn't feel my house was a safe environment, now he threatens to take my daughter, I have said she can go to his parents but supervised as he can't be trusted regarding his drug use.. what rights do I have regarding this
Stressed 24/12/2016 at 7:41 am
Hi my ex husband is causing a lot of stress every time my kid go to him he questions them about are they being fed and what is mum doing we have been separated a year he has a new partner and they live i a two bed flat and he wants the kid to go stay there at weekend he was staying in a caravan and my youngest son is petrified now of doors closing and so upset the new girlfriend has a son ao there js no spare room. My kids are exhausted with all the coming and going every weekend and every secon Sunday what's the minimum time they have to spend with him and if they tell me they don't want to go what do I do I really don't know what to do . I was trying to get along with his new partner but he has put a stop to it cause we get on so well and he doesn't like it. He keeps threatening me with the police and that he will take my children away we don't have a minuet of aggrement cause it's all done with agreeing on what's best he called the police when I took the children out of school one day as we were on holiday he really disrupts our life's. What can I do my kids are affected and he's really just threatening me all the time
Louise 23/12/2016 at 11:40 pm
Hi me and my daughters father seperated aug he rubbed her wee in her face so i chucked him out i have proof by text he done this. I agreed 2 hr swimming once a week. He hasnt seen her in 4 weeks now shes only 3 and confused for her own sake id like to stop contact with her dad . How do i do this . His name and mine are on borth certificate. She has double barral name but we have never married. Please help.
ChildSupportLaws Editor 23/12/2016 at 11:16 am
I am sorry to hear this. The thought of your ex partner taking your children is the worst nightmare of many parents, and so if it happens, understandably it is a very emotional and stressful time. Many people turn to the police for help to return their children, but how much the police can help is very dependent upon your personal situation. If both parents have Parental Responsibility and one parent is keeping the children against the other's wishes, the police cannot help, even if the children do not normally live with them. However, if the parent does not have PR, the police will be able to intervene. If both parents have PR, the police cannot choose between parents, that is the remit of the courts. Therefore, you would need to seek legal advice asap regarding applying for a child arrangement order through the courts. I hope your situation manages to rectify itself.
Sarah 22/12/2016 at 6:15 pm
My son went to his dads for the wknd and was never returned, he has blocked me on phone and will not let me see or speak to my son and has also changed his school. What can I do here !
ChildSupportLaws Editor 21/12/2016 at 2:00 pm
You can apply for a permanent residence card after you’ve lived in the UK for five years. This will prove your right to live in the UK permanently, please see gov.uk which
Kegdin 21/12/2016 at 7:51 am
How long does a residency order last can you get a permenant residency order?
ChildSupportLaws Editor 14/12/2016 at 2:07 pm
I'm afraid you cannot force your ex to take your child (if that is what you are asking?) If you feel there are issues that need resolving, but you would like a more concrete arrangement then perhaps mediation is something to consider. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. I hope this helps.
ChildSupportLaws Editor 14/12/2016 at 1:52 pm
Unless there is a court order in place, you can stop the agreement if you think it is in your child's best interests. If there is a court order in place, then if you stop the agreement you will be in breach of the order and your ex will be able to apply back to court to have the order enforced. However, there is no guarantee the order would be enforced if you can prove your ex is unable to properly care for your child. Mediation may also be an option for you if you want to try to resolve the situation, but you cannot resolve it between you.
ChildSupportLaws Editor 14/12/2016 at 11:30 am
I'm afraid we cannot comment upon this as the court will always decide upon what it thinks is in the children's best interests, based upon the Cafcass reports. Cafcass bases its report on evidence gleaned from collaborating with and talking to; social workers, medical professionals and relatives, or any other professional involved in overseeing the children's care and welfare.
ChildSupportLaws Editor 14/12/2016 at 10:26 am
I'm afraid there is little I can do to help, apart from suggest mediation as a way of trying to resolve your problems and come to an agreement with your ex. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. Court is stressful for all concerned for you and your children, but you can help to avoid stressful situations by taking charge of the circumstances and try to reach a compromise. However, if you feel your child is being ill-treated by your ex, then you have the ability to stop contact and then it would be up to your ex to attempt to pursue the matter through court. The court will then decide upon what it thinks is in the best interests of your son. Perhaps it is also advisable to keep clear of your ex and his partner on social media and only contact each other by text or email to make arrangements.
Pinklady 13/12/2016 at 7:14 pm
Hi i would like a bit of advice please ex son in law took the kids away and didnt bring them back,my daughter has been to court and is due to go again tomorrow,but because her solicitor had been shut down for doing illegally stuff. but she didnt have money to pay another solicitor to go wiv her tomorrow, so she has to got to go on her own and the solicitor wont give her back her papers. caff cass got involved and is not listening to my daughter .how come that her ex get kids when he has 62 convictions on his police record for drugs car theft gbh abh and was in a mental clinic for 4 yrs as he was hearing voices telling him to kill ppl and acting on them he had schizophrenia with phycotic tendencies but the kids are still with him.He said that my daughter was taking drugs but she did a drugs test and it came back 100% clear of any drug
Jade06 13/12/2016 at 12:23 pm
Hi,
Me and my ex haven't been together for well over a year now. He left me and our 3 and a half month old son (born03/15) , recently moved into a flat a week in.

Now he's apparently given a c100 to the courts.
I just need help to understand where I stand really,

Thoughout everything I've always told my ex that he can see his son anytime if we aren't busy or himself, he's seen him once. He used to see him everyday when we first split, due to me breastfeeding for the first six months I had to be there. He started getting annoyed with our son because he wouldn't go to sleep "at his bedtime" bearing in mind he was 4months old, so I suggested every other day, I've always said he was welcome but he started making up excuses to go play football blah blah. So end of the year 2015 he wanted to get back with me, as I'd picked myself up, (he was actually seeing his now gf) I tryed but it just wasn't the same, a month later he'd declared he loved another girl same name jade... I suggested as it was a new relationship and our son is young to see how things went with them for the next 3-6months. Nope he wasn't having any of it, they moved in together with his brother too (private rent).
I didn't have a problem with them being together as I started a slow relationship myself, my son hadn't seen my partner for a good few months till we knew where it was going.
I had concerns raised to my ex about his girlfriend...
I found out my exs girlfriend was violent and he ex with too in their relationship.
They had an unsafe car seat in her car, a baby carrier forwards facing,
She was driving to fast down a residential area with speed bumps, maximum speed was 5 as road works but she chose to ignore that.
I told my ex my concerns and he just laughed at me,
Now every time I have my son home he's unsettled he has cat scratches or clothes stained from in incontinence.
his days used to be everyweekend but then he wasn't happy so it went to Friday night back sat evening then Friday sat back Sunday, but because of our son coming home unsettled I said he could have him days, he continued to have him around his girlfriend although I said I wasn't comfortable for that,
Her name is jade she cut her hair the same as me and dyed it the same, she took several photos of my son and put them on social media stating him as her own. I raised my concerns but still nothing from my ex.
I'm fed up of them making me out to me the horrid one when all I've done it think about my sons intrestes
They continue to social media slander me, he can never come to an agreement with me about our son, his gf now writes the messages and is spiteful,he's threatened court and to stop maintance. I have yes refused for him to have or see his son a couple of occasions when he was ill, he and her say it was 6weeks but 2 of those they were abroad and the rest I was back and fourth from hospital or doctors appointments,It's come to now meeting at a child's pl
ChildSupportLaws Editor 12/12/2016 at 1:44 pm
I am very sorry to hear this. The thought of your ex partner taking your children is the worst nightmare of many parents, and so if it happens, understandably it is a very emotional and stressful time. Many people turn to the police for help to return their children, but how much the police can help is very dependent upon your personal situation. If both parents have Parental Responsibility and one parent is keeping the children against the other's wishes, the police cannot help, even if the children do not normally live with them. However, if the parent does not have Parental Responsibility, the police will be able to intervene. Therefore, if your ex does have PR and does not return your child, you will have to apply to the courts for a child arrangement order which will determine where and with whom your child should live. To apply to the courts, you will need to fill in form C100 whichA court fee of £215 is also payable though you may be able to get assistance with this if you receive benefits or have a low income. Ordinarily, the court will give notice of the hearing to both parties so that they can attend and give their side of the story. However, if you think that your daughter may be in danger, then you may be able to apply for an emergency without notice hearing which will be much quicker than a full "with notice hearing". However be aware that this will only be a temporary solution and that any without notice hearing will be followed shortly after by a full "with notice" hearing in which the court order may be changed. Also, whilst the police cannot take a child away from a parent with Parental Responsibility, they are able to intervene and remove a child if there is a real risk to your daughter. If you are concerned about a real and immediate threat to her safety, speak to your local police force and social services. I hope this helps.
Kylie 11/12/2016 at 5:57 pm
My daughter 18 months old was snatched outside my kids school by her father. He forcibly removed her from me. I didn't wanna make a scene because my other child was with me! I thought he would come to his senses obviously I was wrong. I have an appointment with a solicitor tomorrow but I'm worried court will take too long! I need my daughter home where she belongs. What can I do?
Crabbychick 10/12/2016 at 7:30 pm
My child's father and I haven't been together since she was a month old, she is now 9 months, I left him because he was emotionally blackmailing me and wouldn't let me bond with my daughter, he has PR as he is on the birth certificate - started off with him having supervised contact (I supervised) but he wouldn't pay any attention to her, he now has her 10am-6pm every Saturday and has done for the past 9 weeks, but every week when he brings her home she has nappies on that are 3 sizes too small, she's soaked from wetting herself, and he doesn't dress her properly, he has also put himself in hospital three times from an overdose trying to kill himself because I wouldn't get back into a relationship with him, the first time he had her on his own he refused to give her back to me and police were phoned by me to get her back, is there any way I can terminate contact between my daughter and her unstable dad? Any advice would be very much appreciated
Tootsie 09/12/2016 at 4:00 pm
Hi I've been divorced from my ex now for 2 years. He always messes me about with taking our 11year old. On average about a weekend a month is when he has other stuff that's more important. Last year he claimed that his work was making him go overseas and he was away in total for nearly 3 months. When he got back he said he wouldn't be going again. Well he's gone away again saying his work is making him go. I know this isn't true and that he has to volunteer but he still lies. Our child has health issues but he doesn't take this into account. His parents when supposed to take my child one night each weekend but this happened twice and the last time he came back stinking of cigarettes. This is an ongoing issue that has been "resolved" severs times. They just ignore my concerns. I'm at a loss as to where I stand. I don't know my rights. Am I to just let this man come and go as he wishes or can I get some sort of assistance with this? He knows I'm trying to work towards my degree but he comes across as trying to thwart my potential at a better life
ChildSupportLaws Editor 08/12/2016 at 2:25 pm
If you stop contact your ex will have the opportunity to take the matter to court to apply for a contact order. However, much depends upon the reasons you give regarding withholding contact. If you state the reasons are that you don't want contact yourself with your ex, or his girlfriend, this is not a good enough reason as the court is not interested in you per se, but what is in the best interests of your child. If you fear for your daughter's safety, then you would have to prove under oath why. If you do not wish to have contact with your ex and his girlfriend, but are happy for your child to have contact then you should try to come to an arrangement whereby you don't have contact with them i.e; pick-ups and drop-offs carried out by a third party. Mediation also may be a way forward if you cannot resolve the issues between you. This sounds more like an fall out between you and your ex rather than anything to do with the overall welfare of your child. Using a child as a weapon to stop contact isn't condoned in the courts - therefore, you would have to have good reason to permanently stop contact, otherwise the court may issue a court order and you would have to adhere strictly to this.
Roxy 08/12/2016 at 1:08 pm
Hi, I have a 2 year old daughter with my ex , we haven't been together since she was 3 months old. He has PR thru being on the birth certificate and he took me to court for a residency order. No order was granted but we came to an arrangement of 4 nights at mine 3 nights of his ( but in the arrangement my daughter is actually in the care of her dads mother for 1 night a week.) recently he told me he still loves me and I obviously told my fiance. But the problem is my ex has told his gf that I am just starting rumours. There is a history of domestic abuse from him from when we were together. Now I don't want any contact with him and I worry about our daughter being with them as I received a phOne call from my exs girlfriend saying pheobe has started slapping people and she didn't want me to think she had seen it in their home. I want to cut all contact as he is making my life a misery, where do I stand legally on stopping all contact?
ChorleyGee 07/12/2016 at 10:56 pm
Hi id like a bit of advice please. I have a 2 year old baby to my ex partner we have not been together since before I had my child. He has a partned who hes been for 2 years now. We have nothin but trouble arguing with her constantly threats off her and her mother. She is spiteful and sneaky and enjoys when the babys dad doesnt bother with him. Ive had her threaten me infront of the baby while he was crying scared. My ex has no pr is there anythin i can do for her to not be around my child.
ChildSupportLaws Editor 07/12/2016 at 1:00 pm
I'm afraid there are no rules regarding this (prior to a court order) and any agreements made should be made between the parents which are hopefully fair. Your only recourse is to suggest mediation and if your ex refuses to discuss it further, then you would have the option to take the matter to court. However, if it goes to court there is no guarantee a court would rule in your favour, a court will always decide what it thinks is in your child's best interests. Although, if you do have good access to your child, then the court may rule for an alternative agreement i.e Christmas bi-annually and birthdays the same. You may wish to seek legal advice before you decide to pursue this.
Bob 07/12/2016 at 1:47 am
I have regular access (3 nights per week) to my child but my child's mother is refusing to equally share access to my child over xmas as she states she is the primary carer (her 4 nights per week to my 3) and therefore she takes precedence over the Xmas period. My child's mother states I can only see my child after 6:30pm on Xmas day and that I will never be allowed access on any Xmas eve and my child will never wake up Xmas day with me. Is this correct? Also could you advise what my rights are regarding school holudays, birthdays etc. I have PR as i am named on my childs birth certificate. I am considering applying for a court order to cement my access as mediation did not work.
Bob 07/12/2016 at 1:43 am
I have regular access (3 nights per week) to my child but my child's mother is refusing access to my child over xmas as she states she is the primary carer (her 4 nights per week to my 3) and therefore she takes precedence over the Xmas period. My child's mother states I can only see my child after 6:30pm on Xmas day and that I will never be allowed access on any Xmas eve and my child will never wake up Xmas day with me. Is this correct? Also could you advise what my rights are regarding school holudays, birthdays etc. I have PR as i am named on my childs birth certificate. I am considering applying for a court order to cement my access as mediation did not work.
ChildSupportLaws Editor 05/12/2016 at 2:51 pm
The thought of your ex partner taking your children is the worst nightmare of many parents, and so if it happens, understandably it is a very emotional and stressful time. Many people turn to the police for help to return their children, but how much the police can help is very dependent upon your personal situation. If both parents have Parental Responsibility and one parent is keeping the children against the other's wishes, the police CANNOT help, even if the children do not normally live with them. However, if the parent does not have Parental Responsibility, the police will be able to intervene. If your ex does take your child without your consent, then you would have to take the matter to court. The court does not condone taking a child without parental permission unless necessary and it is almost likely if you are the resident-parent your child will be handed back to you. It is very rare a parent takes a child without consent, most access agreements function amicably with both parents in agreement of when each should have the children. Mediation may be a way forward, so that you can make a formal negotiation between you and via a third party, which is overseen by the court. However, any agreement made through mediation is not legally binding, whereas an agreement made via the courts is. Applying for residency may be an option
Matilda43 03/12/2016 at 5:49 pm
Hi

I have been with my partner for nearly 8 years. We are unmarried , and his name is on the birth certificate. I don't think I want to continue the relationship ship and am considering we split up. He is an amazing father and really good at being a dad my only worry is he is the type of guy that would take our child and want full custody as he really wouldn't like the idea of being a part time dad and not living with child full time. I am a non conflict type of person and would be more than happy and flexible with access as like I said he is amazing , there no need to fight or cause negative vibes as I just want it as easy possible for everyone involved. I know the police wouldn't do much as there would be no concerns for her well being, and he is on birth certificate etc if he did take her. I just want to know if the courts would ever give our child to him even though there nothing about my life or lifestyle that would prove I'm unfit as sole residency as I am a professional employed successful person i own my house and car...and money not really an issue and don't have any social services child services involvement or a chaotic negative lifestyle . Thanks
Rach 02/12/2016 at 8:48 pm
My ex and myself split up. We lived in Scotland with our two children he was a drinker so when we split up I moved back to England to be closer to my family. Today I received a message off him saying that he had contacted the school and arranged with my 9 year olds teachers that he was now the primary contact with anything to do with my child's education. Him and the school did this with no permission from myself. My ex is on none of the paperwork for contacts for the school and I can't see how the school even verified it was even my ex that they was speaking too. I don't mind my ex speaking to the school about our child's education but I feel he has well over stepped the mark and im not sure if the school has broken any laws.
Rains 02/12/2016 at 10:19 am
I need advice on options of how my brother can gain access to his daughter. There is no history of abuse on his part and the mother refuses point blank to any suggestions made ie meeting in a public place (for his own safety) and with third parties.
Burgess67 21/11/2016 at 5:06 pm
Can someone please help me,I have 2yr old son my ex has taken him.
Well when I say taken I mean I came home one day from work and he was in bed with my best friend. I then went outside to get some air and go for a walk (my son was in bed asleep) and he wouldn't let me back in the house
There is a supervision order in place that both my ex and myself have pr he is on the birth certificate . Social services are involved and they are just being useless, they say they can't tell me where my son is as he's moved house all they can say his in Sevenoaks.... so now we are 4 months on and I haven't seen my son in that time.
I have mental health issues I was sectioned 2/12 months ago as I wanted to end it all. I have now been put on medication for my depression. Which is helping a lot.
I have been to see a solicitor but no-one is really helping me :( there was dv involved but I toke back my statement As he threatened to kill me if I didn't. So here we are now there's got to be something I can do?
Aggie 21/11/2016 at 1:34 pm
My ex left 3 months before I gave birth and only contacted me after he was born saying he wants to be a part of it where before he said he's leaving because he wants to be free And isn't ready for a child he's not on birth certificate I don't want him to be part of our lives can he do anything about it?
ChildSupportLaws Editor 17/11/2016 at 12:14 pm
Your only option is to refuse access. If your ex decides to take the matter to court, you can contact your support worker. Cafcass will get involved and a report will be carried out. It’s their job to interview both parents in the case, as well as the children, and any others who might be needed, which could mean social workers, medical professionals, or relatives. From the interviews they conduct, the reporter will determine two things: whether there should be contact allowed, and, if so, how much. It’s a measure of how important the Cafcass recommendation is that the court will almost invariably adhere to it. The court will always opt for what is in the best interests of your children and if your ex has had previous investigations for physically abusing your children, the court will take this very seriously.
Rew40 16/11/2016 at 8:22 pm
Hi can I have some advice pls ? My ex wants to see my son after 6yrs of not seeing him or any contact during this time . When we was together he was a bully towards my other children from a previous relationship. He made one of my sons eat his own vomit and another of my sons he held his head back and tipped hot sauce into his mouth . I have family support worker and social worker that has this on record from the boys . I can't trust my ex with my son as he in the army and in and out of relationships all the time and also my son has CysticFibrosis and my ex doesn't know his meds or even physical therapy routine. Pls I need advice thankyou
ChildSupportLaws Editor 15/11/2016 at 11:03 am
I'm afraid this is an impossible question to answer. If you refuse contact, your ex will have the right to take the matter to court and it will be up to Cafcass and the courts to decide what they think is in the best interests of your children. However, as a parent you will be able to have your say and your children's opinion will also be taken on board.
KIRSTY 14/11/2016 at 2:02 pm
Currently been separated for over 24mths now , I have 2 children with my ex husband . We are currently going through a divorce . He is an alcoholic and has bouts where he disappears for weeks on end , with no contact . Maintenance is irregular for the children . The children no longer like contact with their father , as he creates conflict between them , puts them down and they are generally upset by him and his behaviour. I have not refused contact for them at any point but now feel that I should. Does he have any right to make any demands where the children are concerned ? Or would the courts see sense as to their happiness and security at home ?
Leanne 12/11/2016 at 12:55 am
Hi, I'd really like some advice if possible. I have a 6 month old son with my ex who I was with for 4 years before we split when I found out I was pregnant as he did not want to have anything to do with our baby at the time, although when he was born he changed his mine on and off for the first few months. The relationship was extremely abusive and I'm still with a support group now as it's still going on over my son. I've never stopped contact but he is exclusively breastfed and won't take a bottle, so he cannot physically be away from me for more than a couple of hours maximum, so he has visited him at my house or we've gone to his mums for the visit. I've had to call the police 3 times because he has been outside my house kicking the door and threatening to smash it down when my baby was just 6 days old was the first time because I said no to a visit at 11:30pm as we were in bed and I was recovering from the birth, he had spent time with him that day in the morning. He shouts around him and he has pushed me around the room while I'm holding him. When he has had us in his car he's driven recklessly and dangerously. He screamed at me in the car at the top of his voice and wouldn't let me out so my baby ended up shaking and terrified, then proceeded to throw me out the car and try to drive off with my baby still inside, I managed to get back in causing harm to myself on trying. He is part of spiritual groups like witch cults and has told me he wants to expose my child to that when he understands, he said the initiation was to be beaten and left in the woods. I could go on and on about things he's done that makes me feel terrified for my sons safety. He is on the birth certificate and I'm so scared he will take and not return my baby and the police will not be able to bring him home. I never went to my GP about the abuse so I don't know if I can get legal aid. I just don't know what to do and I need to protect my son.
ChildSupportLaws Editor 10/11/2016 at 11:37 am
Your ex is in breach of the court order, as changes to a court order cannot be unilaterally changed by one of the individuals involved. Arguably, anything that does not comply with the order is a breach. For example if the order states that the non-resident parent should have contact every Friday from 5pm and contact is not provided until 5:05pm, this is technically a breach of the order. However it is important to be reasonable; the courts are unlikely to take any action if the breach is insignificant. The courts' guidance states that unless a breach is regular and intentional, they will not usually take action to enforce the order or punish the breach. However, if the breach is continual, then you can take the matter back to court to have it enforced. Before you do this, you may wish to ask a solicitor to draft your ex a letter reminding her of the obligations of the order and if she doesn't abide by it, what those repercussions might be. Hopefully, this might do the trick. Otherwise, you would have to take the matter back to court.
Chadam29 09/11/2016 at 3:44 pm
Hi

I have recently moved to the channel island and I have ano old court order in place based on when I lived in the UK. Prior to leaving we went to mediation and agreed that we would have contact every week via Skype and then see then holidays for overnights. This had been going fine for several months but she has now stopped it without any justifiable reason other than she's busy. She has now said I can only speak to them once a fortnight on a Sunday which she says is in line with the court order. It's not as we haven't changed it since we left. Can she do this and what is our next course of action. She will only communicate via email!!
ChildSupportLaws Editor 08/11/2016 at 11:21 am
If your ex is denying you access to your child, and refuses to accept attending mediation as a way of sorting your issues out, then you would have to apply through the courts. You would need to apply for a C100 contact order. Please see gov.uk link here which will give you more information. You may also wish to seek legal advice. If you cannot afford court fees you may be able to get a reduction if you are on a low income, and if you cannot afford the hefty legal fees of being represented in court, then you can self-litigate. I hope this helps.
Jack 07/11/2016 at 6:04 pm
Hi , i would like some advice me and my ex partner have a 1 And a half year old little boy and we have been split up for about 3 month over no reason , i have no contact to my son and she wont let me see my child , i worked away for the majority of hes life and quit my job to become a family , and im getting painted a bad father for trying my best to become the best dad possible and be there for my little boy we are currently going to medation but can she stop me seeing my son ?
ChildSupportLaws Editor 07/11/2016 at 3:09 pm
Child access is normaly agreed between parents. If you feel your ex will not take care of your son, then you are within your right to withhold access. However, your ex will be able to either request you attend mediation, or pursue the matter through court. If he chooses to pursue the matter through court, the court will always decide what it thinks is in your child's best interests. It is understandable that your ex wishes to see his son; parents do have a remarkable instinct for caring for children. However, perhaps you could have a chat to your ex and say day/overnight care is something you would like to work towards on a gradual basis.
ChildSupportLaws Editor 07/11/2016 at 1:28 pm
Yes, you are worrying over nothing. If your ex wants to apply for custody of your son, then he can do. However, the likelihood he would be awarded it is very remote. Firstly, a court will not remove a child from the care of a resident-parent unless absolutely necessary i.e safeguarding issues, neglect etc. If your child is well cared for and in a stable upbringing, the court would never attempt to upset that balance. The court will always decide upon what it thinks is in the best interests of your child and stability and consistency are considered the most important factors. Therefore, if your ex decides to seek legal advice regarding this, then any solicitor will more than likely advise him not to press ahead.
Anne 06/11/2016 at 9:47 pm
I have a eight year old boy, his father and I separated before his birth and he has seen him on and off since then. He usually has him over night once a fortnight, but now his current girlfriend is expecting his child, I'm worried that he'll want to take our son off me.

I am self employed and we have a lovelyear home with a great school just thirty minutes away.

His dad doesn't pay maintenance as he's in and out work a lot and has had drinking and problems with depression too.

Am I just being worried over nothing?
TRACY6 06/11/2016 at 12:19 am
restored my relationship, my boyfriend came back to me, I took him back and I am now settled with himTracy....
Sarah123 05/11/2016 at 12:13 pm
Hi there, looking for some advice. My partner and I have separated due to him never being around and working 24/7. He has made no effort with his child and has never fed, bathed or really played with his child due to always being tired. Now we have separated he is demanding to see our child - just turned 1- and taking her away for days away. He has no idea how to look after her and I fear for her safety. I am happy for him to see his child whenever he wishes (we plan it week by week and currently he is staying at my house when he comes to visit as child screams for me) advice I'm looking for is can I state where he sees our child? Or can he basically take her away to anywhere he wishes, even if I feel he is incapable? Thanks in advance.
Zmh 05/11/2016 at 9:37 am
Hi, im after some advice please in relation to my exs access over our 3 yr old son. We split when our son was 18 months old due to my ex having drug & alcohol problems. Iv'e always tried to maintain his access to every weekend 9-3 or 4. He has always been inconsistant with this and seems to thinks its ok to see our son as and when it suits him, he misses weekends and days almost every month and when he does take him brings him back earlier than arranged etc. He met and moved in with his current girlfriend a year ago now and things are getting worse, they both have drink problems and he is kicked out of there almost every week. He has recently not had contact with our son for 2 months as he come to collect his son under te influence of alcohol and i refused his access,he seems to think that having a drink but not being drunk is acceptable to look after our son!! he refuses to go to mediation as he says he cant get funding for this and has the last 2 weeks started coming back around to see our son and take him out for a few hours at weekends. I don't really want our son at his home as his girlfriend has caused no end of problems for me and he says she doesnt want our son there but puts up with it.
Im at my wits end with them both causing upset and friction for me and our sons access what can i do about this or what sort of access arrangements would be best, i want my son to have access to his dad but need to make sure he is safe.
Kaz 03/11/2016 at 10:34 pm
My son has been raising his little girl on his own for the last 4 years (she is 6 ) the mother couldn't cope with her , she sees her every other weekend now , she has now said she wants her back , coincidentally my son has gone to the csa and has also asked her to have their daughter for one week over Christmas which she said if she did she didn't want to pay child support for the whole month ,this gorgeous little girl is very happy with daddy and is doing fantastic at school and goes to a childminder before and after school for an hour as he works, she has a great relationship with all her paternal family here and orally adores her daddy, would the mother win in court and get to take her from him tha ks
Ali 02/11/2016 at 3:00 pm
My relationship broke down over a year ago,but I have since had a twin pregnancy to my ex..he refused to go onto the birth certificate,we are un married and never lived together. .what rights does he have to my twin boys..please help...
ChildSupportLaws Editor 31/10/2016 at 1:48 pm
If the biological father is registered on the birth certificate, you would still have to contact him (where possible) in order to request his permission. for more information.
Rose 31/10/2016 at 2:07 am
Hi,
I would like some advice please.
My daughter is now approaching 8 years old and has not seen her biological father since she was 2 months old.
He has had no contact, paid no maintenence, sent no cards etc.
I met my current partner when my daughter was apex 4 months old in which we have lived together for the whole time.
My daughter does not know that my partner is not her biological dad at this stage. She can be very emotional at times.
I understand that he has PR due to her being born in 2008. However due to the circumstances i want her to be protected. My partner would also love to adopt her. We are due to be married in 2 years. What would need to be my first stage into removing the PR or an alternative?
I do not have any contact with the biological father.
ChildSupportLaws Editor 24/10/2016 at 2:13 pm
If you would prefer a more structured arrangement through a third party you could suggest mediation. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation and will help you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. Mediation should, where possible, be used before the matter reaches court. Court is stressful for all concerned for you and your children, but you can help to avoid stressful situations by taking charge of the circumstances and try to reach a compromise. As much as this is painful to you, if your ex has respected your wishes and not introduced his current partner to your son over three years, then this is longer than what many parents would consider. If this matter went to court, the court would decide what it thinks is in the best interests of your child and unless you have a very good reason for him not introducing his partner, then the court may allow this to happen. I presume your ex also has parental responsibility over your son which does give him some rights. Therefore, it may be wise to contact a solicitor to arrange mediation to see if there is a way around the situation, otherwise, it may end up in court which is acutely more stressful. If you feel your ex is harassing you, then I hope this helps.
lirly 24/10/2016 at 12:04 am
Advice please?!
My son is 4. My husband left us before his first birthday and had an affair.
He moved to the other end of the country.
I support contact which he has every second weekend if he choses too.
He works overseas for some periods.
He has now moved 5 hours away with the person he had the affair with.
I have had to sell house and divorce and sort everything alone.
I still support contact which he has at his mothers who lives in same town.
He does not have him overnight as he is too infrequent and also because my little boy misses me.
Problem - he is now constantly threatening me with more access, he wants to pick up and put down his son as and when he wants. He blames me for his choice to leave although I fully support his contact, he also wants to introduce our son to this other person which to me is awful and immoral due to the fact he should be utalising the time with his son. anyway the calls and the threats and the emotional abuse he is putting me through is really affecting me now. I cant take much more and need to know what I can do. I provide contact and support it and act in my sons best interest but we need to feel safe and secure and not threatened. Should I contact police? should I contact solicitor? help please
mumof4 22/10/2016 at 12:39 am
I am in an awful harressment situation after separating with my partner of 10 years. I have 4 children, 2 of whom he is the father of. Since I ended our relationship my ex has persistently called and text me. I tried very hard to keep things civil for the sake of our children. I have however received death threats, my family and friends have been harrassed and had property damaged and he has even told me that he attempted suicide! I have now obtained a non-molestation order against him. I obviously have grave concerns about his stability to have the children unsupervised. However as he has parental rresponsibility I am petrified that he will take the children. I am not entitled to legal aid as Iam just over tthe threshold.He is out of work so will be. Please help. What steps can I take to protect my children and insure that they still have a safe and supervised relationship with their father?
PBP 20/10/2016 at 7:06 pm
We have a new family start with us ,both parents have PR but due to a recent safeguarding issues, mums solicitor has sent a letter stating we are not to give access as an appplication has been made to the court regarding access but as this is not a court order where do we stand on denying access should dad come to collect ?
Bob1 19/10/2016 at 12:55 am
Hi. I have parental responsibility for my 3 year old daughter as I am named on her birth certificate. When my daughter was born ( my ex didnt know she was pregnant) I spent 2 years living with my ex to give my daughter stability. Our relationship was on the rocks before she was born. Since I moved out shortly before her 2nd birthday my ex has been decreasing the time I could see my daughter, refused to let me take her away from the house and visitation was always on her terms at her house. Now she is refusing any contact whatsover with my daughter. I have consulted a solicitor who has told me that forcing me to see her at her house ( woth her there everytime) was bullying and because I looked after her every weekend when my ex worked I have a right to contact. Is there anything I can do besides going to court to regain contact with her? It started as having her for 4 hours during the week and up to 10 hours both saturday and sunday then over the course of a few months dropped to 2 hours a week. Now nothing at all. My ex also has requested a crb check on my new partner which we refused as we dont believe she has a right to see it. She refuses to let my partner see her too. Im going crazy not seeing my girl. Any advice would be great as I cant afford court costs as my new partner and I are expecting another child. Does this mean my daughter has a right to see her half brother or is this not seen as important for contact? I have paid maintenance for my child every week without fail but as I overpaid the amount dropped to £5 per week. When this happened contact was cut to nothing.
ChildSupportLaws Editor 17/10/2016 at 2:59 pm
It's a tricky situation and while your ex is legally bound by the order, if she refuses you would have to take the matter back to court to have the order enforced. But at the same time, your ex can contest it because of the change in circumstances (regarding your daughter starting school). You may wish to speak with your solicitor again for further advice.
Jason 15/10/2016 at 11:38 pm
My ex decided that she wanted to move 3 hours away with my 7 year old daughter and 3 year old son. She left it till the very last minute to tell me. My solicitor applied for a prohibited steps order and it was granted on Friday. It says she has to bring the children back while it goes through court. My ex was informed and says she is going to contest it in on the grounds that my daughter started her new school last week. Can she do this? Or will she have to follow the order no matter what reason she gives not to?
Maggieuk 15/10/2016 at 12:42 pm
I have a 10 years old daugther , she was born in 2006 and I married her father in 2007 we separated in 2008 and got divorced in 2013. The reason of the split was because he was in an incestous relationship with his sister. I don't want my child to know this but is getting more and more difficult to handle the situation . I agree he should have contact with his child for all this years , as I didn't wan her to grow up thinking that she doesn't deserve best. I tried to have a civil relationship with him, but he lives at his sisters house with her children and husband .
She is a person that manipulates and destroy everything that she touches and I don't want her in my child's life.about 3 years ago she ended up in jail because of her life and 3 months ago I found out that my ex has been taking my child to jail to visit his sister.
I refused to let him take her out now and I proposed him to see her in child contact Center because I can't trust him anymore .
What rights do I have if any to keep this woman away from my child's life? I don't have problems with another members of his family. (His cousin is my daughters godfather and when back to our home country his mum and half sister has access to my daugther and I have a good relationships with another members of the family).maggieuk
Sammy 14/10/2016 at 4:33 pm
My boyfriend and I are in the process of splitting up. We have a 6 month old boy. I want to be fair and said I will be fair when it comes to my boyfriend still being a part of our son's life etc. However my boyfriend's attitude is quite aggressive, threatening to fight me for our son etc. Can he do this? Would a court give him custody of our son? I am a great mum. I am also worried because we live in my boyfriend's house and I'm not sure what to do. We have no family support, and because I don't have a job I'm not sure how to find somewhere to live, he says I need to move out of his house. My boyfriend says our son must stay with him and the court won't give me custody if I have nowhere to live. Please can you give me some advice, won't it look bad if I leave without my son? How can I get somewhere to live with no job?
ChildSupportLaws Editor 14/10/2016 at 2:21 pm
In this instance you would have to take legal advice. It is very difficult to get a court of law to hand children over from one resident-parent to another unless absolutely necessary (i.e if you can prove your ex is unable to cope and/or the kids are they are suffering neglect in some way). Therefore, speaking to a legal professional will help you to explore what options you have here.
MotherKB 14/10/2016 at 3:05 am
Hi.
After breaking up my kids stayed with father. I decided to leave them with him cause at that time I cause my work situation didn't let me.to take care of them as I used to work night shift. I had to move out to studio flat and kids stayed with that also with that reason. He always been very good parent and as that was hard for me I didn't have concerns about this he we'll be able to take care of them and that's good for kids.
Unfortunately since then everything is change. He started to be very unstable emotionally, get very depressed and start to using our kids to figh with me. He start to manipulate them and involve them in every problems between us. Also he's reducing my contact with kids, very often if he's angry I cannot see my boys, sometimes over week and hes telling them that I don't want to be with them. He convinced boys that I'm bad person, and I've been hurting them.
As for kids breaking up wasn't simple now is much worst. They're stressed, cannot sleep, have problems with behaviour and missing school from time to time cause of often bad mood, tiredness.
I don't think that my ex is able to take care of them, he's emotionally and mentally barely taking care of himself cause depression, but he doesn't want any help. Is anything what I can do to take my kids from him?
ChildSupportLaws Editor 13/10/2016 at 2:54 pm
I am sorry to hear this. I'm afraid you have found yourself in a situation which happens to a lot of fathers who are classed as non-resident parents. The bedroom tax means only the resident-parent can be allowed an extra bedroom and you are not eligible for any benefits with regards to the picking up and dropping off of your son (you would only be eligible for a special expenses variation if you are paying child maintenance, which your ex would also be eligible to claim). It means there is very little you can do financially. The fact your son is now 12 means his opinion will be taken into consideration regarding where he wishes to live, if you took the matter to court. I can only recommend you speak with someone from Family Lives which has a confidential helpline, which can offer emotional and practical support. I hope you get your relationship back on track with your son. Hopefully it is one that a bit of time will heal.
ChildSupportLaws Editor 13/10/2016 at 12:58 pm
His father can apply for parental responsibility through the courts, please see gov.uk whichThe court will decide what it thinks is in the best interests of your child.
Lou 13/10/2016 at 11:00 am
Hi. My son is 12 and lived with me at the beginning of are break up. His Father owns his own businesses and showerd him with dirt bikes gadgets you name it he has it.
My sons behaviour to me was terrible as his father let him do what ever he wanted therfore would not listen to any of my rules. My son decided he would have a better life with his Dad and wanted to live with him. I said no but would be hit by my son and sream the place down ect was awfull. There is no law against spoiling a child or and minipulating them so they will live with you but there should be. Its really a very sad situation. Im working on a low income and have now lost housing top ups, child tax ect and do not have enough money to live. I live in kent and my son in Ely it costs me £100 in petrol if i pick him up to stay with me in the weekend as 4 trips in total, however benifits say im not entitled to keep his room or claim anything as i am not paying for my child when clearly i am. I cant afford solicitor im just at rock bottom any advise on this please x
ChildSupportLaws Editor 13/10/2016 at 11:00 am
Of course you can challenge this if you are not happy with this arrangement and if you have a particular issue with it, then it is only right you should bring it up. But, if your ex has parental responsibility then he does have equal rights over the decision making process regarding your child, so in effect he is not doing anything wrong. It only begins to get complicated if you cannot agree between you, then mediation is the next step to try and resolve and issue of PR that you both disagree with. The very last resort would be court, and the courts would decide what it thought was in the best interests of your son. I'm sure it will not get to this stage. However, if it went to court you would have to have a good reason for your son not going to your ex's parents, as simply not liking them would not be good enough. Discussion, compromise and mutual resolution is always the best course of action in situations such as this. We may not get on with our ex's family, but if they are doing your son no harm and as grandparents love and care for him as many grandparents do, then sometimes it may be a case of having to bite your tongue if there is no concrete reason for preventing access.
ChildSupportLaws Editor 13/10/2016 at 10:47 am
Much depends upon how you feel about the situation and the lengths you will go to keep your child. Your ex has not lost PR, but if your daughter is living with you, then you can refuse to hand your child back to your ex and are well within your rights for your child to live with you. However, in general terms please be aware that if your ex has unsupervised contact with your child, unless there is a court order in place that has awarded you residency then she can refuse to hand your daughter back to you and the police cannot get involved. That said, you haven't elaborated on the involvement of Social Services, therefore you would need to speak with them directly to see what they recommend and what your rights are in the circumstances. If you wish your daughter to remain with you full-time, then you would have to apply through the courts for a residency order, 'If' the courts grants you the order then your ex would have to adhere to it and you would be granted full custody. However, if you want to apply for a temporary residency order only, you can specify this too.
Wendy 12/10/2016 at 11:03 pm
Hi, my son is 11 now father not on bc. He has regular contact with his dad and I don't stop contact at all. The reason he isn't in bc is because he was in prison for the first 6 years of his life, we did get married during this time but have since divorced, child was born before marriage in 2005. My question is that my son has recently started secondary school and after going up to the school has realised that he hasn't been put down as a point of contact, the reason this wasn't done by me is because I live and work 5 mins away from the school, he wasn't down for his last year at junior school either simply because we has moved away so people who were nearer would be able to collect him in a emergency, his dad has told him tonight that he his paying to get put down on school records, can he do this? He doesn't live near us and works away as well he is also demanding that I put on the bc. As I have said no contact is ever stopped even though he refuses to give me a address of were he staying, he pays no maintance and wasn't in the first half of his life due to his sentence, which was drug related. Thank you
Sharon 12/10/2016 at 12:48 pm
My boyfriend and I are separated. He has our son two weekends per month which I am happy with. However I have found out he has been leaving our son with his parents (i.e. overnight) without my consent. Is he allowed to do this or can I challenge him. I have agreed to him having access and overnight responsibility not his parents. I do not have a positive relationship with them. If he isn't looking after our son during the time he is allocated then I would prefer my son stayed with me.
I don't have an issue with his parents seeing our son, whilst my ex is around, but I do have an issue with him basically handing over our son to a 3rd party for his visitation time.
bob 12/10/2016 at 12:46 pm
Hi
Me and my ex both hold pr for out 7 year old daughter
My ex recently voluntarily put herself into a psychiatric ward
3weeks
5 weeks ago after being found to be drinking excessively social services agreed the child should be with me full time
She has since released herself and is demanding things go back to normal with contact
Has she lost parental responsibility
Do I have rights to refuse
Can she do this
Please help as I cannot find information anywhere
I agree the child needs a mother and always will but I need to be sure she is sane
They cannot do a psychological report until she is 6months free of alcohol
ChildSupportLaws Editor 11/10/2016 at 2:10 pm
It's always a tricky question to answer as there is no real answer. Much depends on whether the mother agrees, if she doesn't then if you wish to pursue the matter (remember if you have parental responsibility your ex need to request your consent), it would then be up to the courts to decide what is in the best interests of your daughter. As expected there is no clear cut answer as you would have to convince the courts it was in your daughter's best interests to stay and likewise your ex would have to do the same with regards to leaving. As a general rule the courts will usually not change the primary carer from one parent to another unless absolutely necessary as consistency and stability is of paramount importance. If you think your ex may leave without your consent, you can apply through the courts for a Prohibited Steps Order. However, again whether this would be granted would be up to the courts to decide. I'm sorry I can't give you more of a definitive answer, but your best form of solution is really negotiation and communication with your ex, as court is always seen as the last resort.
ChildSupportLaws Editor 11/10/2016 at 12:34 pm
I'm afraid a court will not force a non-resident parent to see their child if it is against their will.
ChildSupportLaws Editor 11/10/2016 at 11:00 am
I am sorry to hear this. I'm afraid your son would have to seek legal advice to explore his options and see whether he can take the matter to court. However, if the Social Services are conducting an investigation, he may have to wait until the results of the investigation have been confirmed before he can apply to court.
Mattie 10/10/2016 at 10:24 pm
Hi I am looking for some advice me and my ex wife have a 9 year old daughter and 13 year old step daughter. I have her and her sister (step daughter) every weekend at my home. I have recently found out that she is planning on moving 250 miles away to Scotland and taking the kids with her am absolutely devastated as my girls are my world is there any thing I can do to stop her as this would effect my contact with the kids as I work full time and would not be able to travel every weekend. I have spoken to my daughter and she does not want to go and would like to stay with me is that feasible as courts normaly keep the children with their mums?
Kayla 10/10/2016 at 7:33 pm
I have a 1year old daughter and me and her dad have been split now for 6months he as agreed to see his daughter every other weekend and he as done since we split he comes every other Friday at half 5 amd drops her back to me on the Sunday at 1. Now I don't think he's seeing his daughter enough and I have asked him to start having her one day over night a week including his weekend, now he's refused and says he sees his daughter enough and will just fight me in court. Where do I stand and what should I do?
ChildSupportLaws Editor 10/10/2016 at 2:30 pm
If the order is to see their father, then unless the order states the children are to see their grandparents too, then you can either breach the order (but you may have repercussions i.e be taken back to court), or take the order back to court and apply for a variation. Another option would be to seek legal advice. A solicitor will be able to draft a letter to the grandparents (if the order doesn't include visitation to them) and outline your rights in this matter while informing them of the change in visitation hours/days.
miamoo 10/10/2016 at 11:43 am
Need a little advice please my son has spilt up with his girlfriend and they have a year old son together he name is on the birth certificate , he has gone to medation to try and sort contact out as she is refusing point blank for him to see his son , she recived her latter explain that he want to go throw medation to see his son , she has rang them today to say social services r involed because he's a danger to to his son so medation can do anything as it's against the law , but surly they would have tryed to contact my son or even me as he has moved back home and I have small children at home so they would be at risk !!
ChildSupportLaws Editor 10/10/2016 at 11:04 am
I'm afraid there is nothing you can do to force a non-resident parent to have their child if they do not want to, the court would not attempt to force this issue either regardless of whether he is working or not. You have options to report your ex for working without paying tax, as a separate matter.
Sofia2012 09/10/2016 at 1:26 pm
Hello.
Can someone tell me how I can sort a visit between my daughter and her dad. She is 5years old.
At the moment my daughter dad want to see her twice a week and is only for 2hours every time. I was asking him lots of times if he can take her 2times a month for a weekend. (From Friday evening to Sunday late afternoon) every time he is saying that he can't coz he is working every weekend and nights as well but them weekends job they like "cash in hand,,so he is not paying any tax for them weeends jobs
What I can do in that case? Thank you
Slsy 08/10/2016 at 8:49 pm
Hi just wondering has anyone any experience my children aged 13 and 9 both as court order have to go their dads every other weekend their dad got refused pr due to being sectioned a few times but since the order was made he has remained in the hospital sectioned (8 years) so the kids go their nans but they dont like going and staying is there anything that can be done ? My 13 year old says he will see them for a couple of hours but they refuse an say they have to go fri-sun every other weekend and it causes a lot of distress in my house.
Help me 05/10/2016 at 11:31 pm
Hi . I was wondering . Can my ex partner apply for a resident order even if I've had to leave the contrary and unaware his solicitor has done this
Louise123 05/10/2016 at 8:25 pm
Hi. My ex partner and I have a 3 year old. He left at the end of 2015 and since about March/April time we had an agreement between us for our son. I knew he needed to change the agreement because of work (he was having him Fri morning -Sun evening every other week), but he assured me he still wanted to have him from friday evening. This was 2 weeks ago. I needed to arrange childcare for the Fridays he was not going to have him said we would need to talk about it again once I had that sorted out. Since then I have been unable to speak to him because his new girlfriend won't let him talk to me directly. I have to contact him by text to her phone which I refuse to do. Oh and then he told me he would have our son from Saturday until Monday morning....no discussion. As we have no agreement in place as far as I'm concerned, can I refuse to let my son go with him or do i have to if he were to turn up to collect him? He moved an hours drive away, and even though this was his choice, I agreed to meet halfway to make it easier for him. When he has said he couldn't have our son a few times on his weekend i have accommodated the changes he asked for. I've been more than reasonable for the sake of my son. We both have PR. What else can I do if I can't physically talk to my ex to make arrangements and talk to him about the welfare of our child? Thank you.
Stressssed 03/10/2016 at 7:36 pm
I suffered from domestic abuse with my ex while pregnant and I left him when my daughter was born. We set out informal arrangements and he very rarely sticks to this.
He has denied parentage to CSA. He has contacted a solicitor and he is going for custody of our child. He hasn't seen her in 13 weeks as he refuses all the arrangements I have attempted to put in place. He gets my daughter up at 5am to drop her to mine really early as he refuses to take her to school so I have suggested we drop that night overnight and alternatively he has her for a few hours instead. But apparently I'm a dictator according to him. He also (evidenced by her school and social services) say horrible things about me and tells my daughter that she no longer has to live with me. This entire situation is really beginning to stress me out and I'm uncertain on how court will play out.
ChildSupportLaws Editor 03/10/2016 at 11:28 am
It is unlikely the grandmother would be allowed to take you to court separately. If you do not receive child maintenance for your child you can claim via the CMS. As far as access is concerend, much depends upon the Cafcass report and its findings. From the interviews it conduct, the reporter will determine two things: whether there should be contact allowed, and, if so, how much. As there are two sides to every story I cannot anticipate what the court will decide, but it will always decide on what it thinks is in the best interests of your child.
ChildSupportLaws Editor 03/10/2016 at 10:31 am
I am sorry to hear you have had a tough time with your break-up and PTSD. You have the right to stop your child seeing someone if you think it is in your child's best interests. However, your ex will have the right to take the matter to court. If your ex has Parental Responsibility, then he has just as much choice as you to say who his child sees when your son is in his care. If you stop access and your ex takes the matter to court, then unless you have a good reason why you don't want your son to see his new partner (not liking the situation or her, is not a good enough reason), the court may rule in your ex's favour. Therefore, you may wish to seek legal advice regarding this matter. As much as it may be difficult for you to take your ex's new partner on board, and you feel hurt by the situation, it doesn't mean your ex's new partner wouldn't be kind or loving towards your son. Negotiating this kind of emotional terrain is always very tricky and some people find that trying to bridge the gap and come to terms with an ex's new life (just as you will move on with your own and find new happiness), is the best way to allay your fears. Mediation may be another option to consider if you are willing to negotiate terms.
Krx12 02/10/2016 at 8:40 am
Hello, I have a 5 (nearly 6) year old daughter with my ex. I am now married and pregnant with my 2nd child. My ex has never been there for my daughter, he was in Australia whilst I was pregnant, came back for 6 months, went back to aid for 6 months and carried on this until my daughter was almost 3. Whilst he was here he never helped me, he was either out or on his Xbox. He now is threatening to take me to court, I have never denied him access and I had said every other Saturday he could have her. However he didn't turn up or his mum had her instead. His mum is very vicious and both him and his mum try their best to intimidate me every other week with nasty messages, slandering me over Facebook etc. I have never received a penny from him (or anyone that side) for help towards my daughter, he says he puts money away for her, but the account is not in her name?!?! He has said they are both going to apply to take take me to court for more access. When my daughter goes she comes back a different person because they say nasty things about us, that my husband and his family are nothing to do with her etc. So she comes home really upset, and has now started refusing to go some weekends because she wants to do other things, like parties with friends, go to nanas to play with cousins, but again they get really nasty with me and try to guilt her over the phone. Can I also mention that between the two Saturday's they never contact her, no phone calls or anything, they only want her when it suits her. I am just worried what the outcome will be if this goes to court?! Can they both take me to court separately? Thanks in advance. (Ps he is on birth certificate so he does have PR)
Lea 02/10/2016 at 12:49 am
My ex left me for a girl who is 11 years younger than me. He was going behind my back with her for a month before he ended things with us. Now he wants her to have contact with my 21/2 year old son and have him stay over at their house. I am not happy with this but he has told me that while my son is in his care he can do what he wants. I don't want to allow her to see my son and I certainly don't want him staying around their house. What do I do? I suffer from PTSD for a childhood trauma and I am getting really anxious about the situation I am in.
Scott 30/09/2016 at 10:41 pm
I have a 7 year old daughter. She now lives with her mum and step father who the mum is married to. My daughter has told me that her step father is hurting her. Grabbing her by the arms and in one instance throwing her to the floor. Shouting so loud it gives her a headache and that she scared of him. As a concerned parent do I have the right to take my daughter as I feel she is not safe in that environment!! The step father has denied it and apparently my daughter said she was lying when the mother sat her and the step father down but I feel she was to scared to say anything.

What are my rights !
whattodo 30/09/2016 at 3:00 pm
Hi, I have been experiencing dome issues with my ex-partner. I had 3 children with him and now have a new partner and we have a child together. I was emotionally abused by my ex for years which is only just really coming to light! I have never stopped access to our children and recently used a family member house for him to collect and drop off the children as I am still too nervous to be in his presence (we only communicate via email). I have recently had to stop this as he was verbally abusive to my family member. He has the children every other weekend and to avoid disruptions to his dates I have requested for him to collect from school every other Friday and drop back to school on the Monday. I suggested this so we could eliminate the family members from the process and we could rest assure the children would be collected and dropped off to a safe place and not be exposed to any conflict. He has agreed to collect them from school but will not drop them back to school on the Monday he has said he will be dropping them to my door on the Sunday but I'm worried about him coming to the house. I have really tried to meet him half way in the past but he just keeps on abusing the trust. I would like to seek mediation but really do not want him to be in the same room is this even possible?
ChildSupportLaws Editor 30/09/2016 at 10:09 am
You would really have to negotiate this between you if it is outside the court order.You have time to take the matter to mediation if you can't agree between yourselves.
ChildSupportLaws Editor 29/09/2016 at 11:05 am
If your partner's child is coming to live with you, as your partner has parental responsibility he can permit you to care for his child as you would your own. However, you do not have legal parental responsibility for the child, but if needs be you would in the future be able to apply to acquire PR through a formal agreement or Court Order. In the meantime, it is a case of taking it slowly, you will be able to do many things as her co-carer, it's just a case of finding out through the process of elimination.
Sar 29/09/2016 at 7:01 am
My ex has contact every other weekend with my daughter overnight from Friday afternoon till Sunday at 6 pm. I have agreed for him to have her over Christmas and to return her on Christmas evening so we can also have our Christmas together. He is refusing to return her saying he's not driving in the evening. I have a residence order and there is a court order too. His excuse is its dangerous to drive on Christmas night? But he picks her up when he's done a full night shift with no sleep. I only have 2 days off over Christmas holidays and these run after Christmas day. What can I do so that we both have Christmas with my daughter?
IH1807 28/09/2016 at 9:07 am
Confused!
my partners child is coming to live with us full time after the mother has been neglecting them & isn't currently allowed to see the children (its under investigation etc)
we have been together since the child was 6months old & bring her up together, just wondering what happens in terms with me when the child moves in? we are not married, so will I legally not have anything to do with her. e.g. being able to help registering her at a new doctors etc. This has all come very suddenly & just wondering if it changes anything for me really. thanks
Flower 27/09/2016 at 10:55 pm
Hi. My x and I separated around 4 weeks ago. He sees our son 1 day at the weekend as nothing "fits with his schedule". I have previously stopped him taking him for the day when he turned up with his new gf and told him it was too early for that and to come back alone. I have told him till something is agreed in writing at mediation if he wants to see our son I have to be present as don't trust him not to introduce the gf. There is no court orders in place yet. He is threatening to call the police if I don't let him take him. What do I do?
ChildSupportLaws Editor 27/09/2016 at 2:59 pm
If there is no court order in place then yes, you can refuse this. If there is a court order in place then you would have to apply through the courts for a variation.
ChildSupportLaws Editor 27/09/2016 at 12:57 pm
If the order is for shared care, then your ex is allowed to make the arrangements he wants with regards to who picks your children up and cares for them in the time he is due to have them. You would have to seek legal advice if you wished to have the order varied because of the change in your ex's circumstances which means he now spends less time with your kids.
Becky 27/09/2016 at 10:34 am
Hi was married to my ex with 2 children he was sent to prison for fraud and has a new girlfriend he is now out and has moved over 90 miles away but still has the children every other weekend! He wants his girlfriend to have the children on his weekends when he is working am I legally allowed to say no as don't feel this is ok? I don't know the girl and found out they both left them with her parents and her mother has some form of mental health issues? Please advise?
ChildSupportLaws Editor 27/09/2016 at 10:15 am
Child maintenance and child access are not connected and need to be dealt with individually. If your ex is earning a wage, then by law he is financially reponsible for your children regardless. If he has stopped paying you child maintenance and you have a family-based arrangement, then you can contact the CMS, If you cannot resolve the issues between you and your ex and your children, then mediation is the pre-court option. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and help you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. The other option would be court, if you prevent your ex having access to your kids he would have the option to take the matter to court. Likewise, should he wish to try to stop your current partner seeing your kids, then he would have to take the matter to court and prove he was a drug dealer. It's always very difficult to try and resolve these issues when there are various arguments going on at the same time, therefore mediation may be the better option here. You may wish to suggest this to your ex.
Sam 26/09/2016 at 5:39 pm
Hi
Me and my ex have shared care of our 2 boys . The final court order has been made. During the case he showed he was able to drop and collect the boys from school, however now the case is over and his parents are doing the drops and pickups and he has returned to full time work .
Where do I stand? As I feel how is this fair when I could be there to drop and pick them everyday pls advise .
ChildSupportLaws Editor 26/09/2016 at 12:01 pm
It really is up for discussion, you don't have to do anything you do not wish to do. However, please be aware your ex could apply through court. Mediation may be an option for you to consider if you are willing to negotiate.
ChildSupportLaws Editor 26/09/2016 at 11:59 am
You would have to seek legal advice regarding this.
ChildSupportLaws Editor 26/09/2016 at 11:30 am
Yes, if your ex is on the birth certificate it means he has parental responsibility and by law you would have to request his consent to move out of the area. You can see what PR means and what rights your ex has via whichSome primary carers may just make a decision to move without the other parent's consent, but you could face a backlash via the courts if your ex decided to pursue the matter. If your ex refuses, then you can apply to court for a Specific Issue Order and if you can prove it is in your child's best interests to move, the likelihood is that you would be granted the order, which may come with access conditions.
Sammi 26/09/2016 at 7:11 am
My ex has fabricated a awful lie about my boyfriend and has told our kids he is a drug dealer, what he witnessed was a set of keys being handed over(not that he believes me) he has said our children are not to be around my new partner or he will call social services. He she's the children who are 9 and 10 on a Tuesday and Thursday evening and Saturday over night, he has stopped all maintenance, he was paying till he lost his job, when he got a new job he brought the boys new beds but still no maintenance until the beds where paid off, so again I asked him for maintenance which he is refusing to pay until I get back from a weekend away, another war in itself. My eldest child is already saying he doesn't want to see him anymore and my youngest is caught in the middle and so broken by the arguments and the grilling he gets from my ex. What do I do toake this stop?
Kate 25/09/2016 at 4:08 pm
Hi, my sons father see my son every other weekend for overnight, and every Wednesday after nursery. Now he said he wants to share holidays too. Do I need to share holiday with him? My son still at nursery go to school next year yet . Thank you
nice 25/09/2016 at 4:03 pm
My child's mother got a restraining order on me and it includes my son how do I get that lifted so I can visit my child
Lala 25/09/2016 at 3:22 pm
Hi
I'm confused
My ex is on the birth certificate and see his son every other weekend. But things are starting to get awkward now. I'm looking at moving away still in the uk but away from where we are now. Do I need to have my ex's permission and where do I stand with my rights and does he have any rights In it all
ChildSupportLaws Editor 23/09/2016 at 11:15 am
Much depends whether there is a court order in place for your youngest to see her father. If there is, then you would have to adhere to the order and apply back to court for a variation if you think there may be a threat to the welfare of your youngest. If there is no court order in place, then you can pretty much do as you feel. However, the father would have the option to take the matter to court. Ideally, the matter should be sorted out between you, or at least via mediation. I'm sure the father also has your youngest's interests at heart and as an equally responsible parent would not put her welfare at risk. But if you are concerned, then talking to him directly about this should help put the matter into more perspective.
Mum 22/09/2016 at 10:57 am
Never married have 2 children born 96 and 05. I have the 05 born with me and she has always maintained a good relationship with her father, and she normally goes there every other weekend. Problem I have found out that my 96 born whom I have no contact with and have been disowned by and am not down as her next of King, has been in trouble with the law, for in the past stealing, and resenting being found guilty of attempting to mug and got 18 months community order - but I am not aware of any conditions, she had a drug problem not sure is this is on going. I had asked her father to find out all and the had meet recently and the subject was not brought up. I am unwilling to allow my 05 born be around or with them until I know the facts so am I with in rights to keep her with me on her weekends she would normally be with her father
ChildSupportLaws Editor 21/09/2016 at 12:19 pm
If your ex is not registered on the birth certificate or has parental responsibility then you do not have to consult him if you wish to move.
ChildSupportLaws Editor 21/09/2016 at 12:00 pm
If your ex is not registered on the birth certificate and does not have parental responsibility, then he has no legal rights to your child and the police could intervene and return your child to you, if he tried to take her. Your ex has no business to dictate to you who you should and should not let see your child, I thinks it's more of a case of standing up for yourself and telling him it is not his decision to make. Or, a solicitor's letter outlining the fact he has no legal rights to your child might do the trick. In which case you would need to seek some legal advice.
Jill 20/09/2016 at 6:53 pm
My X husband is on my child birth certificate but he has tryed not to see our child doesn't want to have any contact and doesn't pay any child support. I am planning on taking child to the USA to where be lives, to see her grandparent I am just wondering what rights he has and can I stop him from seeing her
ChildSupportLaws Editor 20/09/2016 at 2:10 pm
This is a tricky situation which is every parent's nightmare. If your ex refuses to hand your son back to you, how much the police can help is very dependent upon your personal situation. If both of you as parents have Parental Responsibility and one parent is keeping the child against the other's wishes, the police CANNOT help, even if the child does not normally live with them. However, if the parent does not have Parental Responsibility, the police will be able to intervene. If your ex has PR and refuses to hand your son back, then you would have to take the matter to court. The court would then decide what it thinks is in your child's best interests regarding who your child should live with. However, please be aware the longer your child is with his father, the less likely it will be that the courts will move to hand him back, especially if he is re-established in a new 'life' nursery etc. I therefore suggest you take some legal advice in order to explore your options.
Jenny 20/09/2016 at 2:05 pm
My daughters dad is not on her birth certificate, He's always been emotionally and mentally abusive towards me and becomes very verbally aggressive if he doesn't get his own way and plays the victim constantly. He doesn't pay support and an agreement was made that he'd provide for her for the time he has her which is on Tuesdays, Thursdays and Saturdays (not overnight) but I've found out its his girlfriend providing for her and now they've split up after me finding out he hasn't been taking care of her nutrional needs, has lied about where he takes her and who he's with. He refused to see her today because he 'doesnt feel in a good place mentally' at the moment so I've decided to cut contact until he's sorted it but became verbally aggressive again. Our daughter comes back and calls herself a bad child when that sort of phrase has never left my mouth, can I move without telling him because I'm now worried about my child?
Rach 20/09/2016 at 1:02 pm
My ex partner is on the birth certificate, he sees our child one day in the week and on the weekend. I prevented him from seeing her after she was born and then after a year got in touch with him about our child. Recently he refused to bring her home on the day we agreed, so i stopped access again. I know he resents me for what has happened. Things have been going fine after that incident but hes told me hes planning on taking her away from whenever he can, im worried that he might, what are his options for doing this and what can i do to prevent it from happening?
Rach 20/09/2016 at 12:58 pm
I was wandering if i couldnt get any advice, i didnt allow my childs father to see his his daughter after she was born, after a year i arranged for him to see her again and everything was going ok, he has her on the weekends and a day in the week hes not on the birth certificate however he has been threating to take her away from me as he doesnt like when i take her around to my family memebers. What are his options if he wanted to this? And what do i do to prevent it. I dont want to stop him seeing his child.
Lo 19/09/2016 at 5:59 pm
Hello, me and recently moved 3 hours from my ex to begin a midwifery degree. My little boy was going to remain where I used to live with my dad for 6 weeks as I couldn't sort the funding and place for my sons nursery in time as I was a reserve. I was going to see him every other weekend and his dad was going to see him every other weekend. I've never prevented access and specifically learned to drive so I can take my son back to see his dad. I'd spoken to my ex about him having our son for the 6 weeks but he said it wasn't possible unless I commuted to a year, which I wasn't willing to do. He's consistently spoken about wanting my son to live there and threatened with court. He's now turned around to my dad and said my son will be staying with him for the 6 weeks and hasn't given him back. He's saying he just wants to look after him rather than his grandad but won't answer and questions directly about me having him back after the 6 weeks, keeps avoiding the question and talking about doing what's best for our son. I feel like he's going to turn around and say i can't have him back and don't really know what I can do about it. Would he be able to do that? I can't afford to have him up with me until half term so I don't know what to do :s
ChildSupportLaws Editor 19/09/2016 at 1:49 pm
If your partner threatens to leave the country with your children, I suggest seeking legal advice. Any situation in which a parents leaves the UK with a child and without official consent can be classed as abduction. If you are fearful this may happen, you can apply through the courts for a Prohibited Steps Order. A PSO is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area with their children. We have all heard the stories of a parent taking their child for the weekend and not returning them or going abroad with them and it becoming extremely difficult for the other parent to get their child back. Thankfully, this is one of the scenarios that a PSO seeks to prevent. If you are the primary carer of your children, then it is highly unlikely the court would hand them over to your partner (and this would never happen with a non-biological child). With regards to your 'home', it is difficult to advise on as you do not say whether the property is rented or purchased, please see CAB whichI hope this helps.
Amb 18/09/2016 at 5:41 pm
My partner and i have a new born daughter and a 3 year old daughter from me and he has been taking care of my daughter since she was only 8 months old and she sees him as her father. We had an argument and he didn't want to sit down talk when I asked him to while he was drinking at the pub with his mates and said if you want me to come out you better drag me out of here to talk so I did try to drag him by pulling his shirt and he ended up charging me with assault over that and the problem escalated and now he is threatening me to take both my daughters away from me while leaving in my country (PNG). He is Australian and both girls have dual citizenship. At the moment I am jobless and been at home looking after the girls and living at his home and he provides for the family. I do not have a place to go to unless I have some sort of income in order to pay my rent. He is on our daughter's birth certificate but we are not married. I am a good parent and I have no history of abusing my children or left them negelected. What do I do in my situation? I do not want him take my daughter away from me and I am a capable mum and once I find a job I will be able to move out and take care of them. I am thinking about getting a restraing order to stay away from my daughters and take off the parental responsibility after his threats to take my daughter.
ChildSupportLaws Editor 16/09/2016 at 11:17 am
It is unlikely he will be able to sell the house without your consent, even though you are not on the mortgage. You would have the option to take the matter to court and let the court decide. As you and your ex have a child together, the court will decide on what it thinks is in the best interests of your son, which is usually stability and consistency and the least amount of disruption, meaning the court 'may' decide to let you stay in the house. However, if your ex is threatening to take your son, then if he has parental responsibility the police cannot intervene. Therefore, it's advisable to seek legal advice regarding this in order to explore your options.
Beckyp 16/09/2016 at 10:21 am
Hi my partner has a daughter from a previous relationship, his name is on the birth certificate when we have his daughter his ex demands times that she has to be home and what days we can see her. What happens if we wasn't to return her ? What would happen with school could her mother go to the school and collect her without us knowing?
Jenny_E 15/09/2016 at 3:03 pm
My ex boyfriend and I have an almost 2 year old together, and bought a house 15 months ago. We agreed I would stay home with my son until he would go into nursery at 2, and so he couldn't get a mortgage with me at the time, so the mortgage is only in his name. I paid half the deposit, and since then the mortgage payments have come out of his account. He left 6 weeks ago as he was treating me badly, but agreed to pay the mortgage on the house as maintenance. He was messaging me every day arguing, so yesterday I didn't respond as I can't take much more which obviously annoyed him, so today he has told me he's selling the house, and taking my son. Can he threaten to do this?
ChildSupportLaws Editor 15/09/2016 at 2:03 pm
If you are not registered on the birth certificate and try to remove your child from the mother without her consent, then you could be charged with kidnap. I'm not quite sure what you are asking here, but if you wish to see your child and the mother refuses access then you would have to apply through the courts. If you are not registered on the birth certificate, you currently have no parental rights, so this too could be assessed in court.
ChildSupportLaws Editor 15/09/2016 at 9:57 am
There is no real answer here if both of you have parental responsibility, as it means both of you have equal parental rights. The best way to organise this is through mutual negotiation. If you cannot agree this, then mediation is the next step. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. However, if your partner refuses the mediation process, and/or you cannot come to a resolution, then applying for a child arrangement order through court would be your next option, In this case a court would determine who your son should live with based on what the court thinks is in your child's best interests. You may wish to seek legal advice.
MattBrady 14/09/2016 at 10:43 pm
Whenever my child was born I tried taking my child off his mum as I didn't want to be in his mums company. She was being awkward & kept saying no & to go over to her house to see my son. I then gave up & went to Austrlia to be with my current girlfriend. I am now back & want to see my child & not be in the mums company. Can I take my child off her? I'm not on the birth certificate. I have also requested a DNA, will this allow me to take my child of her?
ChildSupportLaws Editor 14/09/2016 at 1:44 pm
You may wish to apply for a child arrangement order, which will determine who your child should live with. This means should your ex try to take your son again, the police would be able to get involved and return your son to you. However, if he has a police record of kidnap, then it is likely the police would be able to get involved anyway. You don't have to give your ex access to your son, but please keep in mind he will have the option to apply through the courts. Whether he is given access (whether supervised or unsupervised) will be up to the court to decide what it thinks is in your child's best interests. You may wish to seek legal advice if you wish to explore your options.
Coco 14/09/2016 at 6:54 am
Me and my partner are on the verge of splitting up and he says that he won't let me take our son and he will even give up work so that I can't have our son the majority of the time. I would never stop my partner from seeing our son but feel that it makes sense for our son to be with me the majority of the time as I work part time and my parnter has to leave for work at 4.30am. What would I need to do so that it can be sorted reasonably and maturely
Nic 13/09/2016 at 9:04 pm
I spilt up with my son's dad two years ago he had my son every other weekend than one night in October 2014 he said he was going to bring him back police couldn't do anything as he was on birth certificate but he did bring him back on Sunday i told him than he was going to have my son anymore as I felt he wasn't safe with him. He arranged mediation three times and never turned up only for initial meeting on his own last we should of gone together I got phone call to say he had to cancel but wouldnt give them a reason why than I phone out he been sent to prison for kidnap and beating someone up what should I do when he gets released
ChildSupportLaws Editor 13/09/2016 at 2:31 pm
In order to do so your daughter's biological father would have to agree and relinquish parental responsibility and the matter would have to go to court, I imagine her father is unlikely to wish to do this is he has a good relationship with your child.
ChildSupportLaws Editor 13/09/2016 at 1:43 pm
You don't say how long you have been married, but by law as a married couple you have as much right to the house as your husband has. If your husband purchased the house prior to marriage the longer the marriage the more rights you will have. I can only suggest seeking legal advice in order to explore your options.
Joojoo 13/09/2016 at 6:46 am
My ex husband and I have been separated for 11 years and divorced for 3. We have a 12 year old daughter who has lived with her step dad and myself for the last 8 years. She still sees her dad and they have a fairly good relationship. She has recently enquirer if her step father can adopt her! I'm not really sure of the legalities of this and would be grateful of any advice or guidance available. Thank you in advance
Barbacide 12/09/2016 at 11:17 pm
I want to leave my husband who is very domineering, he tells me I live in his house (he bought it before we even met) I work 3 days as we have a 7yr old girl and he has a very good job. He says if I want to go I can go but I will never be able to take our daughter. Is this true? I couldn't bare to be without my daughter and I know she couldn't either. Please tell me he doesn't hold all the cards, thank you
ChildSupportLaws Editor 12/09/2016 at 2:51 pm
You would have to apply through the courts both for a DNA tests and access (if the test shows your son is yours). I can only suggest you seek legal advice in order to explore your options.
ChildSupportLaws Editor 12/09/2016 at 1:55 pm
I am sorry to hear this. You don't say why your ex wishes to go to mediation. It is unlikely she will refuse to go if she is the person who has suggested it. I can only suggest you seek legal advice in order to explore your options. You may be able to apply for an interim court order if the mediation process is taking too much time.
D1ne 10/09/2016 at 8:34 pm
The mother of my child won't let me see him atall but I'm not on the birth certificate but if I was to get a DNA test even though I know he's mine would I be able to see him legally or not??
LD 09/09/2016 at 4:16 pm
Me and my ex split when my daughter was 3 months old. He returned for a while but then left again when she was 9 months old. After I fell pregnant he became abusive and violent towards me, he also would scream and swear at my daughter. I reported these incidents to both the police and my Health Visitor (a while after they happened) and called the police when he was screaming and shouting on my doorstep. He is a very manipulative person and I worry so much when my daughter is with him. He currently has her for 4 hours on a Saturday as she is still young and I doubt his ability to care for her. I am sticking fast on contact because he has told me that he only wants her for 52 nights a year so that he can pay me less money. I am extremely worried given his previously violent behaviour (which I don't have any actual evidence of other than police statement a while after the event). He has a terrible temper and I really worry she could come to harm in his care.
She came back from his house a month ago covered in blood as she had fallen and bashed her teeth. He didn't contact me to tell me she had had an accident or administer any pain relief (she was clearly in a great deal of pain) and is having on going treatment due to the damage to her teeth. I don't trust him at all. What should I do?
ChildSupportLaws Editor 09/09/2016 at 12:19 pm
Yes, if your ex decides he wishes to make a claim.
ChildSupportLaws Editor 09/09/2016 at 11:08 am
You do have a say. If you do not feel your ex is responsible enough to have your child, it is up to you to decide not to let him have access. Your ex would then have the option of taking the matter to court. If you are in fear of your ex keeping your child, then if he has parental responsibility if he refuses to hand your son back the police cannot intervene and you would have to take the matter to court in order to have your child returned. It is very rare that this happens, but it can. Therefore, I suggest you seek legal advice if you think this may be the case.
Southwales 09/09/2016 at 9:24 am
I've been split from my ex for over 4 years and we have a 9 yr old daughter. Since split I have had my daughter regularly c, Tuesday nights and every weekend . Since last Wednesday I have not seen my child and she will not let me have access till we have been to mediation , which she refused to go to last time. It's making me ill not seeing my little girl, what can I do. Waiting and waiting for mediation and court is just causing more stress and upsetting my little en. Something should be in place To stop either parents doing this. Ang suggestions
Kat 09/09/2016 at 4:37 am
I had a child custody of my son. Now he is nearly 17 and he has decided to live with his dad. His dad never give me a penny and neither I had asked him. My son is in college and I m 100% sure that his dad will ask me for child once he will go and live with him maintenance. Will I have to pay him ?
Aura 08/09/2016 at 2:10 pm
Hello ,i have recently split up with my boyfriend and we have a 3 month old son,his name is on a birth cetificate ,that was a huge mistake.He is now telling me,that he will be coming and taking my son when ever he feels like just because we have equal rights...but he is currently homeless,has no job,and is taking drugs...he thinks by taking my baby he will he housed and put on benefits to support himself ...so just because of the birth certificate he could take my child and i have no say to it?
ChildSupportLaws Editor 08/09/2016 at 12:11 pm
If you cannot agree between you, then you should seek mediation and or apply through the courts. Both of you have your reasons for wishing the address to be known (as you understandably wish to keep abreast of the welfare of your children), or not required (because he has PR, he may consider himself a responsible parent and quite understandably does not wish to be harrassed by you). The question is, if you personally took your children away, would you feel obliged to give him the address of where you were staying? Parenting should be equal, with each parent having equal responsibility as it is highly unlikely a parent would willingly put their children in a dangerous situation. It sounds like you have both got into a bitter dispute, but you have to ask yourself the question of whether this is about the genuine welfare of your kids, or about point-scoring against your ex? There is no right or wrong answer here, both of you are right and both of you are wrong - it is whether you wish to leave it to the court to decide which of you has the last word.
Bramble 07/09/2016 at 4:48 pm
Hi - My ex and I split up 5 years ago after he had an affair with a younger woman. We have 2 children together aged 13 and 10. He now has 2 children with that woman age 3 and 1. She also has a child from a previous relationship. We have had ongoing arguments in regards to contact ever since we split. I feel he should prioritise our children above his new ones but he doesn't. 3 years ago he lost his temper and hit this woman and their kid which he now has a criminal record for. I have over the years turned up at his house and forced my way in when I believed this woman was there. I have made him give me a full address including postcode for everywhere he stays with my children. 2 years ago they moved to a new area and refused to give me the address based on me turning up unannounced and abusive msgs I have sent this woman in the past so they said they felt vulnerable and scared of me which is utter rubbish. I therefore stopped all contact and he took me to court. The CAFCAS officer and judge agreed I needed the home address as a base address. He eventually gave me the address after I cut his contact down to 4 hrs every other weekend. In February this year I allowed the children to return to overnight stays on the condition I again had full addresses in advance for everywhere he stayed with them. For the past few months he has been saying this is unreasonable and not a legal requirement as he has parental responsibility. He said in future he will not give me this information as him and his new family are entitled to privacy and should be left alone when he is with our kids. He had our children for 2 weeks in the summer and for some of that time took them camping. He never gave me the campsite details and had to hear from my 13 year old daughter that they had gone camping when I called her. I have now told him all contact will stop again if he does not give me a full address. He says he is willing to tell me an area ie. The Midlands if they are not going to be at home. I have said this is unacceptable so he has now said if I require an address every time he has the children then I need to be flexible on which weekends he has them as he will only have them the weekends he is at home. I have again told him I won't agree to that and he has to have them every other weekend and give me a full address otherwise he won't see the children at all. Where do I stand legally with this?
ChildSupportLaws Editor 07/09/2016 at 12:52 pm
Unless absolutely necessary a court will never remove a child from one parent and hand him over to the other. Especially if the other parent has had little to do with your child, isn't registered as the father on the birth certificate and you have previous evidence of domestic abuse.
Nicknack 06/09/2016 at 9:48 pm
My ex and I split when I was pregnant, I received abuse and threats, and my health visitor referred this to the police who confirmed it was domestic abuse. I registered our child with my surname and my ex is not on the birth certificate as of the threats to take my child before he was born. He is now taking me to court and saying I am not well enough to look after him. My ex is a drug user also, do you have any advice to give me piece of mind?
ChildSupportLaws Editor 05/09/2016 at 12:07 pm
I am sorry to hear this. It is a very tricky situation and one that you would have to tread carefully with. The obvious way to try to solve this in your children's best interests is to try to solve it mutually between you and your ex and by asking outright whether you can have majority care of your children. If she refuses, then mediation is unlikely to work because your ex will have to attend mediation and at least be willing to negotiate. Taking your children without consent is not the best idea and is not advised unless absolutely necessary (i.e an untenable situation, violence, injury, neglect etc). I can only suggest you take legal advice in order to explore your options properly, as despite what you say about the family living arrangements it is rare the courts will remove children from a resident parent unless there is a very good reason to do so.
Concerned 04/09/2016 at 11:48 am
Two years ago I separated from my wife after a 7yr emotionally abusive roller-coaster ride. We have 2 girls together both under 5 and she has another daughter of 10yrs. Although we both did and said regrettable things, she managed to convince most ppl it was one sided as is typical in most cases. She is extremely manipulative and I found it very difficult to cope with and a drinking problem started for me and made things worse. I am now with an amazing woman, i have a good job and a 4 bed detached house and am finally away from the grip of my ex. She is now in a relationship with a guy who has 3 kids under 6yrs living with him. All 8 of them live in a 3bed council house and she is pregnant with another. Neither of them work. My girls visit me fri-sun every week and hate going home because...(you guessed it) they are constantly arguing whith reports of physical violence towards doors, iPads, phones etc. His kids are permitted to scrap like dogs and use obscenities and they do so towards my girls and their heavily pregnant mother. They both love being with me and hate going home. The younger one cries a lot for no real reason and just sits on my lap all the time. I want to rescue them from this life and give them a better life. I have PR but don't want to wait for courts etc only to fail. I have started mediation proceedings but she hasn't responded. But I feel 'abdducting' them is traumatic for them all. I am convinced I can bring them up happy with a much better quality life. Help!
Mel 03/09/2016 at 10:10 am
My partner recently broke up with me and has since moved in with another woman, we have a child together and I've never stopped him having access to him, when he has our son he stays at his parents house as I've said my son is not to meet his New girlfriend yet as he is still finding it hard to cope with daddy leaving, his father has now said that he will be getting a new house with his girlfriend and he expects our son to stay there and meet his new girlfriend, can I say know to him staying there if the girlfriend is there, my son is not ready to meet anyone new he still gets upset every night about his daddy not living with him and cries saying he wants to be a family again I also know that his father is not 100% happy in his new relationship as he has messaged me saying so, I don't want to stop my son seeing his dad but I know from past experience that if my son stays there everything with him will be left for his new girlfriend to deal with (my ex has two other kids from another relationship whom I did everything for when they stayed with us) I don't want this to cause my son more damage than has all ready been done to him
Don 31/08/2016 at 10:37 pm
Question please help. My ex has our girls every other weekend if he's not busy! But I've found out he's beendrinking and driving while he's had them at leastup to 4 drinks. How can I go about stopping his access ? His name is on the birth certificate but we were never married. He is a drinker.
Thank you
Donna
ChildSupportLaws Editor 30/08/2016 at 10:22 am
The thought an ex partner taking children is the worst nightmare of many parents and many parents will understandably turn to the police for help to return their children. However, whether the police can help is very dependent upon your friend's personal situation. If both parents have Parental Responsibility and her ex tries to keep the children against the other's wishes, the police cannot help, even if the children do not normally live with them. The matter would then have to be dealt with through the courts, which can take time and of cause a lot of distress all round. However, if her ex does not have Parental Responsibility, the police will be able to intervene. If your friend's ex does have PR and she is worried he may try take the children, she can either apply through court for a Prohibited Steps Order, or apply for a Child Arrangement Order which will detemine who the children should live with. She may wish to also take some legal advice.
Griggs 29/08/2016 at 6:02 am
I have a friend whom has a 8 year old little boy and has been taking care of him for the past 8 years. The father is apart of his life through minimal phone calls from time to time and See's/visit his dad for a months time when school is out. She has a fear of this boys father because he always bashes her parenting skills but has never been there for his son the way she has always been there for him. He manipulates her and makes her feel bad. And she is scared of him thinking he will take her son from him. What can she do to release that fear in her heart and move on with her life?
Tyson 27/08/2016 at 11:00 pm
Hi, I live in Scotland and I have two daughters (5 and 8)
I haven't seen my eldest in 2 and half years and I was recently told I could begin seeing my youngest every 6 weeks for an hour in a supervised environment. I pose no risk to my girls and have PR. I am told nothing about my daughters. I was asked to leave the martial home 3 years ago due to my alcoholism. I did this and am now sober and in a stable relationship and have completed CBT and get ongoing support from a local addiction service, where I volunteer and am involved with charity work and sit on different committees through them. There is no court order in place of any description yet, my ex wife (I'm divorced) still controls access and claims my eldest doesn't wish to see me. Can she do this?
I am doing some work with support through Action for Children around access etc, however, your advice would be most enlightening
Thanks
Lucy 26/08/2016 at 1:23 am
Hi , please get intouch to my comment , I'd asked my ex to have my son to live with his dad, because when I'd fell pregnant with daughter I had depression couldn't cope back then , so had to make disison of letting my son live with his dad but my ex boyfriend asked his mother to look after my son instead while ex is in jail ATM doing time , my son has lived with his mother for 3 years now , their wasn't any courts involved in this only paper works I'd had to sign over was benefits so his mother could claim for son , me & my daughter have been stopped seeing my son bye his mother & ex , would like to know what rights I have to get him back home to me & his sister
Lucy 26/08/2016 at 1:08 am
Hi , I've spilt up with my ex boyfriend when I fell pregnant with my daughter few my pregancy I had depression couldnt cope with to kids because of how I'll I was back then , I had to make a disison for my son to live with his father , I had to sign all the benefits to his mother to claim for my son that's the only paper work I've done no courts was involved on this , when I'd passed my son over for his dad to look he them asked his mother to look after him put him in her care while my ex boyfriend is in jail ATM doing time , my son has lived with exs mother for 3 years now , my ex & his mother have stopped me & my daughter seeing my son , I would like some information in what rights I have to get my son back home living with me , I haven't been to courts about it yet , my ex boyfriend is on the birth certificate has father , thanks for reading my story
ChildSupportLaws Editor 25/08/2016 at 12:48 pm
Child maintenance and child access are separate issues, meaning if your ex is not paying child maintenance then you can still claim through the CMS, even if you are not allowing your ex to see your child. This is one way to ensure you have no direct financial contact with your ex. You can request via your solicitor that your ex does not contact you directly and that if he wishes to apply for access, he does so through the courts. I can't predict how the courts would view the issues your have raised, as of course, there are two sides to every story and understandably in a court of law both would be heard. If the matter went to court, Cafcass would get involved to compile a report and the courts will make a decision based upon the report, alongside what it thinks is in the best interests of your child.
ChildSupportLaws Editor 25/08/2016 at 12:35 pm
You do not say whether he is named on the birth cetificate. If he is not named, then he has no rights to your child and if he attempts to take her the police can get involved. However, if he has parental responsibility then the police cannot get involved if he decides to take your child and not hand her back. If this should happen (which is very rare) then you would have to apply through court to have your child returned. As her father, your ex has a right to apply for access through the courts, likewise you can apply through the courts for a child arrangement order which will determine where your child should live, which means your ex would have to abide by this, If you are still unsure which route you wish to take, I suggest you seek legal advice in order to further explore your options.
ChildSupportLaws Editor 25/08/2016 at 10:57 am
I can only suggest you seek legal advice regarding her threats, so your son can explore his options.
Katyk 25/08/2016 at 9:39 am
Hi.
I left a relationship with a narsisist 9 months ago. I have 1 police record but did not press charges, and 2 medical doctors reports of physical injury. I have also been seeing a counsellor for I believe to be ptsd as result of my experiences with my ex partner. Despite the abuse I left the door open for him to be a father to our son. Although I made clear contact had to be arranged through a solicitor as I did not want anymore messing around and contact to limited . Since our seperation he has not addressd formal contact and withheld all financial contribution. I have kept all emails, it can be proved I have been asking about money and contact since January. He still sends intermittent messages saying.. will I let him see our child, so trying to evade accountability making it me that is stopping him. He says wants to pay and see our son, but nothing happens, so more mind games. To me this is further evidence of a continuation of an abusive approach. It is complete neglect of our child. My question is how would the courts deem this behaviour in light of past abusive incidents. Also after nearly a year I want to block any further communication as it is futile and upsetting. I am left undertaking all aspects of raising our child who also has special needs. I also do it alone with no family for help. Any advice would be greatly appreciated. Thank you.
bubba 25/08/2016 at 3:03 am
Hello, I have a 9 weeks old baby and have separated from my husband. Although he has nott been charged with this, he assaulted me in my home after I told him to leave. He was being nasty with me and putting the baby in danger on more than one occasion. I asked him to leave my house when I was pregant but he refused to go. I did call the police when he tried to trap me in the house and i had an injury as well. His family live abroad and he used to live there. He is now saying he wants access to the baby but i feel he is a huge risk, to her safety, and to taking the baby away from me nd not returning her. What can i do to stop him from seeing her> He didnt bond with her and cannot be trusted to be left with her on his own. Becaue i have ended the relationship i know he will do anything to hurt me, and he knows he can get to me through her. He didnt even want the baby in the first place which was what caused the break down in our relationship and caused us to separate earlier this year for five months. Is there anything I can do?? Someone also said he can take her and keep her as he is the babys father, can i get some kind of order to stop this?
Cazza 24/08/2016 at 1:02 pm
My sons ex partner is threatening to put their 2 children in care. He is on both birth certificates and was present at that time. She (mother) is mentally unstable and social services have been involved previously. Can they be put in care without their father being consulted (my son) ?
ChildSupportLaws Editor 24/08/2016 at 11:29 am
If your ex has become the resident parent it is unlikely the courts would look to change your children's residence unless absolutely necessary. The courts will always vote for what it thinks is in the best interests of your children and stability and consistency are important. If you wish to use previous abuse you have suffered as a reason, then you would have to have evidence of this, as a retrospective accusation through word of mouth is unlikely to hold water. If your ex begins to refuse you access, then you should suggest mediation to him in order to try and resolve the matter out of court. However, if your ex refuses mediation or the process fails you would have to apply through court. If you can, I suggest you seek some legal advice in order to explore your options.
Broken101 23/08/2016 at 3:00 pm
I left my emotionally abusive husband in January, I left the children with him as I believed he was a good father to them and I couldn't take them to stay at my mums or sisters due to my youngest sons asthma, my ex refused to leave saying ' you want it over so you pack your f***ing bags!' I had no where to stay within the local area and had to stay with a friend from work initially and found a room to rent shortly after. At the time I was working horrific shifts whereas my ex worked a 9-5 so again I thought it would be best for the kids, I asked for part time at work and as of May I got that due to my ex having a go I wasn't having them enough which was killing me. I thought we had been working well to sort care of our children between us until now. I am now with someone new who made me realise what my ex dos to me was not right through the way he treats me like an equal. We are selling his house to move back closer to the children as I want to be there for them as much as I possibly can and after having the kids for over 2 weeks in the holidays dropped them back to my ex and was told by him I front of the children I would only be seeing them every other weekend after this. I couldn't argue with him I front of the children and he still knows how to intimidate me, since then he has not replied to my texts giving him 2 months worth of dates I can have the children all kindly worded so not to set him off, he hasn't responded to a text asking what time I can pick them up on Saturday either. He has to use child minders in the week when working which seems unfair if I'm not working and I can have them? I've tried to be more than reasonable all the way through, admitting adultery due to new relationship so he can have a quick divorce, accepting only 30k from our house which has 150k equity as I know this is all he can afford to pay and I don't want to see him have to sell the house. I'm now feeling stronger and feel that I have always put the kids first (I pay more than stated every month for maintenance) and tried to be more than reasonable but feel he is now pushing and trying to take advantage of my nature. My question is would I have a case to get the children living with me considering the abuse I suffered? I have at least one witness if needed? It's not a road I want to go down for the sake of the kids but if I don't I may lose my relationship with my children? To everyone else they think he's a real upstanding guy ??
ChildSupportLaws Editor 23/08/2016 at 12:23 pm
If the order specifies 'he' is to return the children and he refuses, then he is in breach of the order.
Sara 22/08/2016 at 7:04 pm
I have 2 children with my ex he has PR. We have a contact order which is rarely stuck to. It says that he is to pick the children up and return them at the stated time. When he last had contact he refused to return them and demanded i pick them up otherwise he would keep them. Can he do this?
ChildSupportLaws Editor 22/08/2016 at 2:14 pm
if you feel your ex is harassing you, If your ex wishes for more access than you are offering and you do not wish to attend mediation in order to try and sort the matter out, then he will have the option to take the matter to court. Cafcass will then get involved and compile a report based upon talking to family etc. Your daughter will also be able to express her preference of whether and how frequently she wishes to see her father.
Anon1 22/08/2016 at 1:42 am
I have a 10 year old daughter with my ex, he's seen her once in approximately 2 years and was very intermittent before then too. He is threatening me with court and is being highly abusive on voice mail since iv had to block his incoming calls. My daughter voiced that she didn't want to see him except for once or twice a year after there most resent visit. He has pr due to being named on the certificate. She has always lived with me, am I in need of obtaining a residency order even though it says generally awarded to mothers automatically. How can we protect ourselves from his abusive demands when in fact it is not me stopping it. Thank you anon
Deano 20/08/2016 at 1:42 am
Hi ...just a question ..my partner and myself have split up,my partner is not in the right frame of mind and is suffering from post natal depression ..we had a row and now she's left with my son and gone to her sisters over 200 miles away ..I fear for my sons safety and worry that he's not being looked after propley ..what can I do about this ? I have PR as I'm on the birth certificate and have discussed this with the police ..I'm due to have him very soon and don't really want to take him back there ..her sister works and my partner works so it's not like she's even looking after him ..the police man said that if I have PR then there's not much they can do ..do I need to get some kind of order in place in the mean time ?
Abc 19/08/2016 at 6:16 pm
Hi,

I have a child who is almost 3, her father is involved but the last year contact is starting too fade. We have an arrangement where he sees her every other weekend at my house as he doesnt have a permanent address. The last few months he has been failing to show up at the correct times and has often shown up drunk. I bend over backwards to be reasonable with him and keep a continued relationship between himself and our daughter, but he is verbally abusive to me and often threatens to take me to court. I dont believe our daughter is safe with him on his own due to his aggressive outbursts and heavy drinking. Every other weekend i dont know if hes going to show up or not and our daughter is getting to the age where she understands whats going on. I have tried mediation but he refuses to go, what other options do i have because i cant continue to have this everytime its his weekend with her. Many thanks
ChildSupportLaws Editor 18/08/2016 at 2:51 pm
If it cannot be worked out between you, you would have to seek legal advice regarding this due to the complexity of the family dynamic. Much depends on where the children would prefer to live, as due to their ages their opinions would be considered in court. But as a rule biological children stay with their biological parents. It depends also which children you have a residence order for, as they will automatically stay with you.
ChildSupportLaws Editor 18/08/2016 at 12:33 pm
Yes, if you fear your ex will keep your child without consent, then you can deny your ex unsupervised access. Regardless, of whether your fears are logged with the police, the police would be unable to intervene and return your daughter to you if your ex has PR and if no child arrangement order is currently in place.
ChildSupportLaws Editor 18/08/2016 at 10:46 am
If your ex is denying you access you have two options, firstly you should suggest mediation as a way of trying to resolve the issue. Mediation is when two or more parties meet to resolve problems before the matter reaches court and is most often used in family proceedings. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval.
Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. Mediation should, where possible, be used before the matter reaches court. However, if your ex refuses mediation, or the mediation process breaks down because neither of you can agree a solution, then the next stage is to apply through court. If you go through court whatever order is decided upon will be fixed and your ex will have to adhere to this.
Ac27 17/08/2016 at 8:53 pm
My ex partner has been threatening me and I am scared that next time he has access to my little girl (2yrs) he will keep her, am I within my rights to stop access until a court order is in place to prevent this happening? He has PR and the details have been logged with police.
ChildSupportLaws Editor 17/08/2016 at 2:28 pm
If you cannot locate the father of your child to ask for consent, you would need to take the matter to court to prove that you cannot contact your ex. The court will make a decision regarding what it thinks is in the best interests of your child.
Dawn123 17/08/2016 at 12:27 pm
Hi a few questions to ask, I am a father of 1. I split from my ex 4 years ago & always have had contact with my kids who live 200 mile away so I travel every other week to see them, it's 6 weeks holidays and usually I have them for 2 weeks over the holidays but I have recently got into a new relationship and now my child's mother is stopping me from having my son. Can she just stop me seeing him and also is there anything I can do about it without going through courts? I pay child maintenance every month, I'm also on birth certificate?
Ciara 16/08/2016 at 9:57 pm
I have a 4 year old daughter to my ex. He has not seen her in 3 years. I had an injunction against him for domestic violence. He is now on the run from police. I want to change my daughters surname by deed poll to my partner's name. Would I need to go to court to do so for permission from ex?
ACB 15/08/2016 at 9:16 pm
Hi. Could you advice me where I stand with my son's father. He hasn't seen him since March 2015, doesn't pay maintenance for him and hasn't tried to make contact with him. The police have also been involved due to threats towards my current partner a PIN was issued against him for harassment. I want to know if I could apply for full legal responsibility for my son? His father's name is on the birth certificate.
Many thanks
ChildSupportLaws Editor 15/08/2016 at 2:45 pm
You have to do what feels right for you. You don't say whether your ex is on the birth certificate or not. If he is and you cannot agree between you, mediation may be the best way forward. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. I hope this helps.
ChildSupportLaws Editor 15/08/2016 at 2:34 pm
If your ex is not on the birth certificate, he cannot legally take your daughter without the police getting involved. You do not have to allow your ex to see his daughter. However, he will have the option to apply through the courts. There is no guarantee he will be awarded contact, the court will decide what it thinks is in the best interests of your child.
Nina 14/08/2016 at 11:31 pm
I'd like to ask a question please? Could you advise me on where I stand on letting my ex know daily how our baby son is he demands I let him know and says I have a legal obligation to do so, he doesn't make time to see his son as he works and is unable to make plans in advance, so he merely turns up for half hour once a week at random telling me I am keeping me from his son if I am not home? But yet he wants to take our son for a few hours when his relatives visit in next couple of weeks I have said cannot take our son until you commit to seeing him on a regular basis in his own surroundings he sees this as unreasonable and it's even been suggested I am using our son as a weapon I only have my young sons interest at heart as we are very close and he is also still breastfeeding but am I being unreasinable I really need the truth? Should I allow our son to go merely because its his dad even though reality is our son doesn't really know his dad because he doesn't see him enough? What would a court suggest in these circumstances? Any advice would be much appreciated :)
El84 14/08/2016 at 11:11 pm
My daughter is 6 when she was 2 days old I found out my ex had 3 children which had been taken off him by social services and ultimetly adopted. He has not seen my daughter since he is not on her birth certificate he has just got in touch demanding to see her and saying if I don't give him supervised contact he will call me and take her where do I stand
Carrie 12/08/2016 at 10:26 pm
Hi can anyone advise on my situation? My partner and I are splitting up and we have 3 children, 2 of whom I have a residence order for, but are my step children and his by blood, which of us has more right to have the children live with us? I have had to move out of the family home into a new house, and I want the children with me whereas he wants them to stay with him, they are 15 and 13. Hope somebody can help, thanks
ChildSupportLaws Editor 11/08/2016 at 12:06 pm
The fact you have parental responsibility means you may be implicated if the school decides to fine your ex for taking your child out of the country in term time. I can only suggest you take legal advice about applying for a Specific Issue Order due to the fact you disagree about the timing of the trip as it will disrupt your child's schooling and because your ex keeps breaching the contact order to suit. Specific Issue Orders, much like the name suggests, are orders sought from the family court to determine a particular matter in connection with the exercise of Parental Responsibility. These orders can cover a wide range of issues that you and your ex-partner cannot agree on. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. However, the timing may be left short here i.e as you may not be able to get the matter heard in court before the date of departure. Plus, you would have to see whether a legal representative thinks this is a viable option.
Hope 10/08/2016 at 10:00 pm
In need of answers. I am a mother of a almost 1 year old this guy who I don't even know if he's the father of my child(thinking he was at the time) has emotionally harmed me by cheating twice and being in and out of our lives when I was pregnant with my son, in mid July-August he made several fake account trying to contact me I blocked all of them he then made death threats at 1 in the morning that he was going to come over and kill my family including my self and my kid and being pregnant at the time it was hard to deal with we called the police and they couldn't do much. Then I was at a sonogram and they had called a case worker for me and I told the lady about it and she said that he was not allowed to come 20 ft near me and if he does to call the police or child protective services and I felt so reassured. It finally came to me having my son and this guys name isn't on the birth certificate and his name is not on anything. He has not been there through nothing and so I never let him come around he has asperger syndrome and some what of autism and is not even capable to take care of his self he cant even keep hygiene up he is very disrespectful and a danger to others he a very violent person and I thought you know I'll give him a chance to see my son and he even said that it wasn't his kid and I told him to go and later on he said that cow couldn't stop him from taking my son away and it scared me he's even walked in my yard before. His mom has 5 kids they live in a whole other state and in a 2 bedroom house is looks filthy and she has a teenage daughter a teenage son a preteen son a toddler and a baby, some kids sleep on a couch. his father lives in a small trashy 2bedroom home in my city and Sam (my ex) slept in a camper always had ramen for breakfast lunch and dinner never was aloud in the home past 7 pm and hardly had any clothes and never showered. I do not want those living environments for my son at all that's not the right environment for a baby to be in. Then there's my home a 2 story house in a very nice neighborhood and child proof home with tons of clothes in the closet I just spent 150 buck on and some clothes I got not long ago he's got food and eats a lot and he gets his teeth brushed goes to dr apps and dentist apps he gets a bath every other day and is very smart almost a year old he is very happy baby I live with my mom and my boyfriend I've been with for months is a really good step father he's paying for diapers and wipes and everything for my son and my mom works too she has a decent income and there's my grandpa who helps he plays outside and loves to go to the park and slide down the slide he does throw fits but rarely I feel that you know his actions he has took really are for the worst and I just won't have an immature 16 year old near my son I will not have some thing like that take an affect on my little boy
ChildSupportLaws Editor 10/08/2016 at 12:40 pm
Unless the agreement was formed through a court order, then there is no legal obligation for that agreement to stand. However, it will act as a pre-curser to any other agreement made in court and once a court agreement is in place your ex will have to adhere to it.
Gell 09/08/2016 at 6:40 pm
Hi. I'm just wondering me and my ex (was wife) split last year as she left me. I have moved on into a new relationship. Contact with my ex is very hard as she is stopping me seeing my son we had a perfect routine in place all done over text messages so still have the agreement in writing but recently she has stopped all this as she says my new partner is a liar (which she isn't my ex just doesn't like her cause Iv moved on) also my ex and my current partner had brilliant contact regarding my son they formed a good relationship even met with the boys and went out places. I'm just tracking everything down ready to go to a solicitor will the agreement still stand even though she isn't now agreeing to it?
Thanks
ChildSupportLaws Editor 09/08/2016 at 11:18 am
I'm afraid we cannot anticipate what may happen in court. Much depends upon the argument your ex puts up regarding why she cannot meet halfway which makes it impossible to predict. However, you have all the previous negotiations in place that will give the court a solid foundation to base its decision upon.
Adam 08/08/2016 at 5:23 pm
Hi guys,

I have recently put in a court application for access to my son, he lives with his mother and her new bf, we live 3 hours apart from each other, I moved away due to not been able to afford housing alone so had to move back to my parents, my ex was very supportive at the time and agreed to meet me half way for pick up/drop off of my son once a month for a weekend. This changed when I told her my current girlfriend was pregnant, she stopped visitation without any reason as why. We attended mediation and she told me that she felt because of the situation you believe i should travel to her to pick up my son on a Friday evening and again to drop him off on a Sunday afternoon, I don't drive so have to rely on either my partner or family to take me, the mediator quite clearly said that because the agreement to meet half way was already in place then she needed a valid reason to change that, she said that it was just 'principal'. I met with a solicitor who told me the same thing, in the eyes of the law if she has already agreed to meet half way whether formally or informally then she needed a solid reason to change this, he wrote a letter to her explaining this but still nothing changed. After my little girl was born we saved up some money to spend a weekend with my son, after this my ex again agreed to meet me half way, this happened once then she was back to saying no and now stated that she couldn't afford it, yet she goes to visit her partners family 4 hours away at least once a month.

I have applied to the courts for holiday access and a specific order for handover, could you advise me on what I should expect to get from this?

Thanks in advance!
ChildSupportLaws Editor 08/08/2016 at 1:55 pm
We can't anticipate what a court may decide with regards to whether or not your ex should be allowed to see your child. However, as the biological father and regardless of whether he is named on the birth certificate he has a right to apply. You have every right to claim child maintenance for your child also - and this has no bearing on whether he sees your child or not. If you wish to explore your options, then I suggest you seek some legal advice.
Ladyblue 05/08/2016 at 10:25 am
I left my sons father a month before my son was born due to being intimidated and minor violence in the relationship we were not married nor is he on my sons birth certificate.
Hes never provided in my pregnancy or when our son was born witch resulted in me getting myself into debt to support my unborn child he now wants access to our son and is taking me to court where do i stand on this and what can i do?
Muminneed 04/08/2016 at 4:32 pm
Any advice needed. I left my child's father over 2 years ago as he was controlling and manipulating there was a few times domestic violence happend I never reported the due to been bribed by his family, 2 years on he still try's controlling me he has his son when he wants we tried setting days but if it was my time and he wanted our son he calls me a bad mum and harasses me Untill I have to let him, my partner confronted him recently as he came home and saw me telling my ex to get out the garden now he won't allow my son to be near him or he will
Take my son they are wealthy family he also has pr! Help me I feel so helpless and stuck I'm scared he will take my son
Gkxfj 03/08/2016 at 11:07 pm
My son's dad took him a day early out of town without giving an address or me giving consent. It was discussed that he was allowed to take him the day after for only 3 days. I'm not sure when he's returning him for sure as I can no longer tryst him at all. He gave me less than a days notice. He hadn't booked anywhere and told the social so. He has made threats while this has happened. He is still mentally abusing me. I'vehad enough if him damaging me and my sons life
J 29/07/2016 at 9:54 pm
My ex booked a UK holiday (less than 3 hr drive away) for himself and the children without prior discussion. I agreed to the holiday as it was Monday-Friday and led on to his weekend. We have agreement between ourselves that he has two weeks in the summer holiday. He is now saying that since he didn't pick the children up on the Sunday evening like he wanted, he will not be bringing the children back at our agreed time on Sunday. He is saying that since he picked them up at 10am on Monday he will return them at 10am on the Monday, he is saying that he did not get a fall week. This is not the first time he has done this. I know it's only for a few hours my concern is that he may not return them in the future. What can I do.
Ajt 29/07/2016 at 8:20 pm
I come out of a violent relationship Over a year ago with my ex he isn't named on the birth certificate, he hasn't seen his daughter for over a year, back in April he came to say with me and my 4 other children ( five in total) , because he was homeless and had no where else to go, he was fine to start of with then he went back to his old ways drinking and shouting at my kids, so I asked him to leave on a few occasions and he wouldn't listen and this particular day/night he was drinking all day he went to the pub at the night i messaged him and told him to pack his bags and leave I agreed that he could stay the night and had to leave in the morning, when he come back in he toke a over does in my house where my kids, he stayed for a few months. When he left in the morning I stopped him seeing his daughter he was controling and pushy, I stopped him for a about a week then agreed for him to see her once a week for two hours supervised by me, and told him he's not to see my other children and he has had two visits he was due to see her again tomorrow but my daughter has got chicken pox, And now he said that he's going to social services and telling them everything. He has four other children and he's not allowed to see them there mothers stopped him. Will he get supervised visits or any visits at all
ChildSupportLaws Editor 29/07/2016 at 2:31 pm
No, it is very rare a court would make an order for a father to relinquish PR of a biological child, unless absolutely necessary.
RW 29/07/2016 at 10:10 am
My daughter's dad is wanting to gain overnight stay, however my 4 year old daughter always tells me she doesn't want to stay overnight and gets really upset by this. He is threatening to take me to court over this, will the court make it legal for her to stay overnight if she is saying she does not want to?
Josie 29/07/2016 at 7:56 am
My partners ex wife has planned a move 180 miles (3.5 hours away) with her new partner and his kids, behind his back. She's being very cold and calculated about it and providing him with no details, although we suspect the move is imminent. Is there anything he can do to stop this move as he has been very active in their lives up to now? It seems wrong that she can just do this with no thought for or discussion with him. He had them a lot and provides well for them. This is breaking his heart.
Rachel 28/07/2016 at 10:57 pm
Where do I start! I have 6 year old son who's father has been in and out of his life since the day he has been born. He recently moved back to uk after spending 3 years in Berlin with his previous partner. I then agreed for him to rebuild his relationship with his son. Having always had a amicable relationship with his parents I allowed my son to stay at his grandmothers house whilst I went to work. However this morning I was informed that he had gone camping with his new girlfriend and her child after only being in this new relationship for 3 weeks. Not only am I angry that he has taken my son without letting me now prior that, that was his plan do I have a right to refuse him access now! I do not know this women from Adam yet she is sharing a tent with my son! I do not believe my son will come under any harm whilst being away with his father but I am extremely uncomfortable of his new girlfriend being around my child so soon!
Ianel 28/07/2016 at 9:31 pm
My son is 8 he is severely disabled (undiagnosed muscle condition) my ex has been married for 4 years she has asked for her partner to have PR. I have said no.
Are they able to get PR with out my consent?
I already have a court order to see my son every Saturday
ChildSupportLaws Editor 28/07/2016 at 11:31 am
If both parents have Parental Responsibility and one parent keeps the children without consent, then the police cannot intervene and it will be up to the remit of the courts to decide. However, it is more advisable for your daughter to apply through court rather than take the matter into her own hands. The courts don't look kindly on non-resident parents taking this decision, unless absolutely necessary. Your daughter could also risk having the children returned to their father and him being awarded a residence order. Therefore, before she makes any rash decisions, I suggest she takes legal advice and goes through the proper channels.
Jojo 27/07/2016 at 2:30 pm
My daughter children live with there dad he has pr but doesn't have a residential order for them can my daughter just take her children back
ChildSupportLaws Editor 27/07/2016 at 1:46 pm
Many relationship breakdowns suffer teething problems, especially if another man comes on the scene. Your daughter's ex is obviously finding it difficult to be separated from his daughter and understandably may be feeling resentment to the other man, whom he may see as trying to take his place. Unless your daughter has stopped access, then the courts will recommend mediation first in order to try and resolve any issues between them. If your daughter has stopped access, then her ex will have the right to take the matter to court in order to re-instate access. However, unless your daughter's child is in a harmful situation and/or it is absolutely necessary, it is highly unlikey the court will award custody to the father. Hopefully, the situation will calm down once both parents adjust to the situation. If your daughter is willing to negotiate, she may wish to opt for mediation as an alternative to him taking the matter to court.
Jade 23/07/2016 at 12:52 pm
Am hard working mum of 5yr my ex over past few years has done nothing with her he is drug users and sell drugs since last left he has call me names and abuse me ect and because if one mistake being drunk with 5yr he has taken her away from me till social worker look into both our life's am so scared that he take her away from me
Den 23/07/2016 at 9:26 am
My daughter split with her partner 6 months ago and is now seeing someone else, he is now threathing to take her to court over custody of their 3 year old daughter. What can she do?
ChildSupportLaws Editor 18/07/2016 at 1:54 pm
If the DNA result comes back positive then as well as contributing financially to your son's day-to-day welfare, your son's father will also be entitled to apply to the courts to see your/his child. However, it will be up to the court to decide what is in your son's best interests when making the decision.
Charlie 17/07/2016 at 7:35 pm
Hi I need some advice.. I applied to csa so my sons dad would start to make payment for our child.. unfortunately my sons dad is to say the least a not very nice man, he is denying he is my sons father. Csa have told me that is he says he is not the father they will offer him a DNA test if he accepts that when it comes back he is the father to my son would he then have rights to see my son?
JJ 15/07/2016 at 9:20 am
I spilt with my ex 2 and a half years ago. We have both moved on, he is engaged and his fiancé lives with him. I have been in a relationship for 6 months. I have never had an issue with his fiancé and I drop my daughter off to her on a Monday at 4pm until her dad finishes work at 5pm and there has never been any problems with anything regarding my daughter seeing her. But when it comes to my relationship, my daughters dad is literally calling the shots! He's always wanted it his way or no way. My daughter has met and spent time with my new partner and they get on great and I recently made the desicion to let him stay 2 nights. This was a great couple of days where again my daughter and partner got on brilliantly. But my ex is saying that he isn't allowed to stay over again unless I discuss it with him and when I did do this he has said that my partner can't stay! I've told him to leave me alone and let me get on with things without him calling the shots but now he's threatening with crb/drug tests and police against my partner who certainly hasn't done anything wrong and has said that he can stop him from being around my daughter! Can he do this? Please help.
Tp 13/07/2016 at 10:59 am
Have been split from my ex husband for 3 and a half years, he has the girls every fortnight and see them for two hours on a tuesday and thursday every week but never helps out with school holidays which I have come to accept and so make all the arrangement needed with family they see daily. My ex's mum lives in Wales and only see's the children 3/4 times max a year, she has mental health issues and a on/off partner who she is always calling the police on living with her... My Ex husband asked to take the girls there for a week in the summer holidays and leave them there alone without him! I said that this was a bad idea for them to be alone with them and if he was staying it would be totally different. Hours later he called to say that he would just take them and "tough" saying he can do what he like's because he's their father. Can he really just take our children and dump them at his mums for a week??? Please help
sam 12/07/2016 at 7:41 pm
Hi, I have a 4 year old daughter with my ex and was wondering if there is anything I can do to stop him having acess to her. We spilt up due to domestic violence he was convicted on 2 separate occasions but I didn't get a restraining order as I thought it was important that my daughter had a relationship with her father. It's been nearly 2 years since we separated I have tried my hardest for him to be part of her life I have even given him money to take her places but he isn't consistent and sometimes we don't hear from him for months then he turns up out of the blue saying he will start seeing her more but he doesn't. It is really starting to affect my daughter she gets so upset when he doesn't come when he has said he will, she asked me why her daddy doesn't love her because he doesn't come and see her like her friends daddies do. I've tried everything to make proper arrangements but he doesn't care he does what he wants when he wants and it's not fair on my daughter.
PJ85 11/07/2016 at 10:40 am
I split from my eldest daughters mother a few years back, my daughter suffers with CMD (congenital musular dystrophy)
She is unable to walk or talk due to this condition but she is a very happy child, I as her father has always played a key role in her development along with my wife, her step mum who adores her, myself and my wife have set up a champaign called root for rubie so we can get a sensary garden put in to help towards her future needs and development, however my ex still acts like a child and still acts like she holds all the cards and goes on lile me and my wife do not hold any parental responsilbility, we have my daughter over ever other weekend, 4 days out of the month is what she will allow,
Over recent weeks myself and my wife have managed to get her walking abit using a walker, so some progress there but her mother claims she does all the work, when infact she does hardly any even though my daughter lives with her.
It is coming up to me and my wifes daughters first birthday, so my youngests, my ex will not let my eldest come to her first birthday party that has been set up by ourselves in a community centre because she believes that my eldests teachers retirement due is more important than her sisters first birthday.
What can we do about that before it's to late and how can we stop being made to feel like if we do this or that my ex will say we are not seeing her again.
My ex is very cold hearted and she hates my youngest daughter and she is only 11 months old.
We are afraid that if we ask for more time with my eldest or just keep her at our house instead of having to take her back to a flat we will not see her again.
Remember she has special needs and we do not get any help with her at all, we have to do it all ourselves unlike her mother.
We have the papers for a residantcey order at home and filled out, what will this do for us and how will this affect anything.
CD 08/07/2016 at 12:21 pm
I split from my sons dad 4.5 years ago, I now have a new boyfriend who I've been with for nearly 2 years. Recently things got out of hand we argued which lead to my boyfriend getting angry and hitting me (I must state my son was not in the house when this happened and although my boyfriend hit me I was not black and blue). I was so shocked that I did get the police involved and my boyfriend was arrested. I felt as though he needed to be taught a lesson and what he did was wrong and should never happen again. This give him the shock of his life and made him realise he was totally in the wrong. The police advised him to seek medical advice as this was totally out of his character, he has been and has been diagnosed with depression. But now my sons dad is threatening to take him away from me as he says he doesn't want him living in a household of abuse (my boyfriend does not live with me). I don't want him taking my son away from me as he would have to go to a new school and have no family near by. I have already stressed that if he doesn't want my son near my boyfriend then I won't let him but he is having non of it. Please help me.
Jill 07/07/2016 at 2:30 pm
Hi I split from my sons father 8 years ago he hasn't seen him for 3 years. My son who is 12 now changed his surname to his stepdads surname. He has been in his life for the past 5 years. But now my x husband wants his name changed back to his but my son doesn't want to. He's threatening to go to court over it. Can my son keep his stepfathers surname?
ChildSupportLaws Editor 06/07/2016 at 2:31 pm
Unfortunately, you have no rights regarding who your ex sees and who she introduces to your daughter, unless you think the person may act harmfully to your child, in which case you may be able to apply for a Specific Issue Order. Specific Issue Orders, much like the name suggests, are orders sought from the family court to determine a particular matter in connection with the exercise of Parental Responsibility. These orders can cover a wide range of issues that you and your ex-partner cannot agree on, such as peventing someone from having contact with your child. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. Mediation may also be an option if you are concerned for your child's welfare - however, your ex would have to be willing to attend. I hope this helps.
art 05/07/2016 at 9:27 pm
My ex girlfriend has started seeing the father of her previous son after we've split, hes six and during our 5 year relationship he made minimal effort with his son i.e. visiting a handful of times a year. since i've left hes been spending time with my ex whilst my 3 year old daughter has been present. in the past this man has threatened to have my children taken away from me as well as having said a host of other spiteful things. what rights do i have as a PR to keep my child away from him?
ChildSupportLaws Editor 05/07/2016 at 11:10 am
It is understandable that you wish to know where your daughter is when you ex has her overnight. You do not have to do anything you feel uncomfortable with. As a way of getting around this you could suggest your ex attends mediation with you in order to try and resolve the issue. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and help you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. I hope this helps.
Nelon 04/07/2016 at 12:46 pm
I split from my ex 8 weeks ago. At the time he said he wanted our daughter as he wanted not ever week as he wasn't giving me free time. He recently rang telling me to go kill myself one on many unpleasant I interactions. He has now decided he wants to have her over night. But he doesn't want give me his address. I know it is purely out of spite as using her is the only way to get to me. As any parent would be I dont feel comfortable her being somewhere I don't know or know where she is. Where do I stand. Do I have to allow home to have her over night?? I don't want to end up in court, I don't mind him having her. I just want to know where she is. He has also said I cannot contact her when she is with him. Can anyone help
ChildSupportLaws Editor 04/07/2016 at 11:19 am
If there is a Prohibited Steps Order in place then the police may be able to intervene. You would need to seek legal advice regarding this as you are effectively in breach of the court order.
maggie 03/07/2016 at 8:27 am
hi my son is 17 and he refuses to go back home his dad has steps order and he has come to live with me now his dad is demanding him back what is my rights can the police take him back if he does not want to go thanks
Dizzy 02/07/2016 at 9:34 pm
There is a contact order in place that paternal grandparents are to have my son 1 day a week, we have a holiday booked which falls on their day, I have given 4 months notice, offered alternative days and their not agreeing to it and threatening with court, does anyone know what may happen with the court?
Weeyin 02/07/2016 at 2:32 pm
Hi I have been split with my ex for 5yrs and he has contact with my son, arranged on a weekly basis depending on plans but doesn't always stick to it,if has a bad day or offered to go out would rather do that and my son gets forgot about, he drinks and gambled and always asking for money and if doesn't get money I get called all sorts of names, threatened to come take my son from me, be nasty about my family, I'm not a strong person and just want a quiet life, I don't mind him going out etc just don't want contact with him when he does, I don't want anything to affect my son but I feel I've been more than fair over the years but feel like keeps bullying me
Jo 01/07/2016 at 12:07 pm
Hi, I have just got out of a 10yr relationship with my husband. We only married 2yrs ago. We have a 5yo girl together. Problem is he has been battling drug addiction for years.. i cleaned up before our daughter was born and made lifestyle Improvements though he hasn't. For years he has lied to me, shown no motivation toward our relationship or daughter. I got tired and nagged him to the point he left and is now in detox (which is great).. though it hurts because he seems to hate me & have no intention of fixing our marriage. When he calls he just wants to talk to our daughter and see his daughter (to play with her then throw her back after one night) while i do all the hard work during week.. i just wish he'd get out of his daughters life so i dont get hurt over and over by having to see him.. if he's not going to do the right thing as a husband & stick by us nor get & stay clean, does he deserve to see his daughter? What should i do??
ChildSupportLaws Editor 30/06/2016 at 1:45 pm
I am sory to hear this, it is always sad when any parent, mother or father has been wrenched from their child. However, while I do not wish to impart negative news, it is unlikely any court would grant a residency order to a parent who has had little contact with their child, even if the lack of contact is through no fault of your own. A court will always decide what it in the child's best interests and consistency and stability is of great importance. If your child has spent little time with you, then for the court to move her (even though you are the mother) may invariably cause your child upset and stress and the courts will always try to avoid any such move, including one out of the area. Applying for access to try to get to know your daughter may be the best option for you. However, I do urge you to seek legal advice to see what your wider options are, as the other factors you mention regarding your ex will be taken into account. If you make a good case early now, this will allow you to help re-develop the bonds with your child from which you can build on in the future.
Nicole 29/06/2016 at 11:34 pm
In 2013 I gave birth to a baby girl I was still with her father at the time but we were not married,when my daughter was 7 months old I got told by my doctors I had post natal depression and I suffered a break down, I told my daughters farther and we made an agreement not through the court of social services but on our terms he would look after our daughter until I was well enough again my daughter was 18 months old when we agreed this. My daughter is know 3 years old and since she has been with her dad I've had no contact with her I had to move from my home town due to my daughters dads family started threating me and I had no choice but to move for my own safety but also I didn't want my daughter to loose a mother. I am know in the process of putting in a residential order for custody of my daughter I don't think her farther realises how much suffering and pain he has put me through due to not having contact since the 21/10/14. My daughter is my world and so much more I always put messages up for her birthday so she knows I care and my dad always reads them to her but I'm a bit concerned about her welfare as her father smokes cannabis which is why I am putting in for a resident order.
emzie 25/06/2016 at 8:53 pm
I left my son with is father 1 year ago, I was in a very controlling and abusive relationship with my ex.
I had miscarried, and my ex partner beat me badly. i left him and moved to my mothers, but my ex managed to get back in contact with me and due to me talking to him and my mother treating me like a baby i ended up being asked to leave or to stay and keep to her rules.. I was 27 year old woman who had been through alot of troubles through my life and my mother and I were close but never got on.
Anyway i left that night leaving my son in their hands. My son already lived with s father which we both agreed to. I was in such a low place and my ex who was a psychologist got in my head again and the mental abuse started again. I finally got the strength to leave after a big fight. I have tried and tried to get in contact with my son but his father has said NO and has blocked me from any way of getting in contact with him.
I have written a letter to my parents explaining how bad my mental health had been back then and how messed up i had been.
I have tried to better myself by going to college for the last year even though it has been the hardest year of my o life dealing with my health getting out of an abusive relationship going through court and multiple suicide attempts. I have passed college and am now moving on to the next stage of my education to make a better life for my son when he is older.
I just would like some help or information on what I can do next. I have never been in situation before and feel a little lost and really want to get in contact with my son just o be part of his life again now that i feel that i have healed a little and would not be destructive in his life. i want him to grow up knowing me i love him soo much and it kills me a little more everyday when i cant hear or see him.
Gabby 24/06/2016 at 11:17 pm
Hi my ex and me was married and after years of DV I left him he made my life hell let the kids down had me in and out of court for yrs
Well about 3years ago when my children was 6 & 8 he got shared contact on the first week he had them got social services involved claiming i was abusive to my kids
After 18months of hell he brain washes the kids who then my son refused to see my anymore but I was still seeing my daughter
When it came time to see my daughter alone my ex told my daughter if she was to see me she couldn't stay with him and her brother so she then stop seeing me
Tho there was an agreement thru social services he stopped all contact emails was sent thru his phone acting as my kids
Now it's 3 years I haven't seen them and because of social services closing I can't get legal aid
He has moved them house school doctors everything without letting me know
Please what can I do I'm desperately wanting to see them but I can't afford court cost ??????
I have tried most things but no1 will help me cos social care are not involve
I have call ss but they won't help cos of it being closed
Schools won't tell me cos he hasn't put my name as there mother ( I have called all schools over our area)
Doctors the same
I have gone to his mother houses and text her she calls police on me or hangs up on me
Paid an agents to find his address which I have sent cards but got nothing back
Text and call from many numbers but he blocks me
Facebook
Everything

Ps I was cleared of all charges and accusations


Thanks if there's anything I can try
ChildSupportLaws Editor 23/06/2016 at 12:41 pm
You don't say if he was reported to the police or has a police record as a result. If your ex takes the matter to court, then you both be interviewed by a Cafcass officer who will compile a report to present to the court. The Cafcass staff who compile the reports are known as Children and Family Reporters. It’s their job to interview both parents in the case, as well as the children, and any others who might be needed, which could mean social workers, medical professionals, or even relatives. From the interviews they conduct, the reporter will determine two things: whether there should be contact allowed, and, if so, how much. It’s a measure of how important the Cafcass recommendation is that the court will almost invariably adhere to it. This will be your chance to have your say about your ex and the court will make a decision based upon this and what it thinks is in the best interests of your child.
Jo25 22/06/2016 at 8:42 pm
My ex put my through domestic violence when I was pregnant so I finally left him moved back home had baby he did see baby at first but the kept letting him down not showing up ect he last seen him when we was 1 but his anger was coming out in front of little one screaming pushing me about in for nt of bby even though we not together he's not on birth certificate but now threatening me with court he is a violent nasty man who has done nothing for my son what can I do to stop this
ChildSupportLaws Editor 20/06/2016 at 2:42 pm
If you believe the father of your child is growing cannabis illegally, you may wish to contact the police. Otherwise, you may wish to just stop access if you are concerned for the welfare of your son, and your ex's option would be to take the matter to court. However, if he has parental responsibility he may be granted official access, if you cannot prove the reasons why you stopped.
Mand86 19/06/2016 at 10:24 pm
Please help! I have reason to believe my son's dad is growing cannabis in the house that he has my son for 1-2 days a week. Also my son's half brother loves in that same household and he has a few issues just one of them is holding a screwdriver to his stepdads throat! I'm concerned for the safety of my son! Can I stop him going or do I contact social services and see what they advise? Thanks
PTC77 Editor 20/06/2016 at 12:52 pm
@Sara - Can you leave with your child and go to your family? I would do this - it sounds like you are a slave where you are living. If your family take you in, then you can take your child with you and offer your ex supervised access if you are scared of him taking your son.
Sara 19/06/2016 at 5:31 pm
Hi I have been with my partner for 7 years. We have been living with his mother for 3 years who is evil. She does not allow my family to visit and treats my partner like a school boy. She emotionaly blackmailed him to buy her council house for for her and not include me and our 2 year old son. My partnet and his mother force me to clean her house as well. I have had enough and want to leave my partner but im afraid he will be entitled to have our son. Becuase of this I am forced to stay with him and carry on. I don't wanting him having my son becuase I know he will just leave him in the care of his mother who has very backward ways of looking after children. She does not see danger. Please help me. Im stuck like this.
J9023 17/06/2016 at 5:25 pm
My ex and I have been split up for nearly 3 years. We have a daughter of 8 and a son of nearly 4. Both of them have stated they don't like going, my youngest screams when I drop them off. My ex shows no interest in wanting to stop him crying, just shouts at him "if you don't stop you can get out"

My daughter comes home and tells me that her and my son got up at 7-8 but their dad didn't get up til gone 11. They are constantly shouted at and sent to their room for most of the time he has them.

He currently sees them Friday evening until Saturday afternoon. He is constant with having them but I don't know how to proceed. My children get so distressed when they know they are going.

I understand until my child is 11, her views aren't exactly taken into account through court but do I keep forcing them to go?
ChildSupportLaws Editor 17/06/2016 at 12:42 pm
You would have to apply through the courts and the court can put a trace on your child if you fill in a C4 form, which is an application to the court for an order for the disclosure of a child's whereabouts. If you can't afford the legal fees you can represent yourself in court, and if you are on a low income you may get your court application fees waived or reduced. I suggest also seeking some legal advice if you can either via a solicitor or the Citizens Advice Bureau may be able to help.
Andy 16/06/2016 at 9:49 pm
Please can someone advise me. Been divorced from the mother of my daughter who is 9 since 2009. Within the divorce were access rights etc for our daughter granting me access 3 or 4 nights a week. Due to work commitments and where I have been living I've been unable to have her stay that frequently but it must average 2 nights a week when taking holidays etc into account. The issue is that I have recently started a new job as a manager of a pub and I am shortly going to move into the company flat above. The flat is large and suitable for a family, I will be the single occupant. It's covered by the housing act regulations etc and I work for a reputable company so it's well maintained etc. My ex wife is saying she will not allow my daughter to stay with me at my new home as she feels it's unsafe (as its above a pub). I've done my best to explain its safe and I would never put my child at risk but she's not backing down. I feel she has no right to refuse to let me have her stay, what do you think / how do I stand?
ChildSupportLaws Editor 16/06/2016 at 2:48 pm
The fact that you have been consistent in seeing your son over the 12 months will mean that you have a good case to take the matter to court in order to continue the access. If your ex has suggested you apply to the courts for access, then I advise doing just that. If you have evidence such as a text or email from your ex suggesting that she is going to stop contact then this will give you a reason to take the matter to court. Therefore, I suggest you seek legal advice regarding when to begin the proceedings. If the court issues you access, then your ex will be bound by the agreement and she will not be able to renege on this without being in contempt of court. This means you will have the security of being able to see your son on a regular basis.
jessi 16/06/2016 at 2:26 pm
My ex got a new girlfriend. Since then, he got his phone number changed and took our son. There is no court order and we have never been married. I was just wondering if this was wrong. I don't know where he is living and I've tried finding her phone number but it is unlisted. I haven't seen my son in 3 years. He is six now and I don't know what to do.
Carl 16/06/2016 at 12:06 am
Me and my X have been separated for nearly 2 years our son is now 3 I have my son every other weekend and 1 day in the week. Her and I have what's called an undertaking which was given by myself and both agreed which finishes in September she originally wanted a non molestion order which prevented me being able to contact her in order to see my child . Which then it was agreed an undertaking would be given. There have been no issues during the nearly 12 month agreement order but it's finished in just over 2 months . She has now said that she will cut all communication so that I can not see my son and if And I'm to apply to the courts to see him yet I carnt see any legal ground for her to say such a thing what do I do
ChildSupportLaws Editor 15/06/2016 at 12:32 pm
You don't say how old your son is, as if he is over the age of 11 his opinion would count in a court of law regarding whether he wishes to see his father or not. If your ex is sporadic then you can stop access. However, in turn your ex could take the matter to court and it would be up to the court to decide whether it was in your son's best interests for his father to have access, which if granted, would be made official. This is a very difficult question to advise upon as you have to do what you think is right for your child as a parent.
S1992 14/06/2016 at 5:04 pm
My sons dad has never really been interested in being envolved. Every couple of months he will text to ask if he can see him. Every time he has been allowed he has always ended up messing up with his temper or not turning up for him etc. We've tried mediation (hasn't showed up) he does drugs and everything like that, wished my son dead, really don't want him near my son. My son doesn't want to know either and that's off his own back. I don't know where I stand am I in the wrong should he be entitled to keep coming in and out of his life?
ChildSupportLaws Editor 14/06/2016 at 10:23 am
Regardless of whether your child's father is on the birth certificate or not, he would still have the right to apply for access to your child if he chose at any point to take the matter further. We couldn't speculate whether a court would let your child's biological father have access, if you refused.
ChildSupportLaws Editor 14/06/2016 at 9:57 am
I'm afraid we cannot speculate on what will happen here, it will be up for Social Services to decide and will be dependent upon whether the child may be at risk and/or whether the situation that caused your son's girlfiend's children to be taken into care has changed. If you wish to find out more, the Family Rights helpline may be able to advise further.
Alex 13/06/2016 at 1:33 am
My childs biological father is not on my childs birth certificate and i was wondering if he could gain access to the child at any point. He was abusive to me during the pregnancy however that was a long time ago and there is no evidence. Also, he has a long police record of drugs and theft. He would not benefit my child and hasn't shown interest since the child was 6 months old. The child is now 2. Would he be able to have any access
Gina 13/06/2016 at 12:10 am
Can anyone help me my son has just found out his girlfriend has had children taken into care an now she is having his baby will this one go into care as well
Sue 12/06/2016 at 9:22 am
An ex has run off with my 4 children after having an affair.
They won't disclose their address to give me access to see my 4 sons...all contact telephone numbers have changed.
Where can I find an address without paying solicitors as that's such a long process, expensive and heartbreaking
Christy 12/06/2016 at 8:13 am
My Husband got his daughter for the first year and a half every weekend he got into some trouble and went to prison for a non violent crime he has been out for 2 years and cleaned up his life we have tried multiple times to contact her and he even tried to speak to her in person she showed him some pictures and said take me to court if you wanna see her, she has 5 kids now with 4 men never married and her ex boyfriends wife said that my husbands daughter thinks that the Mom's ex is her Daddy. We tried to file with the courts but they said we had to have her address, recently we acquired it my husband dont know what to do now she dont know him she is now 6, he has paid his child support on time even when he got out of prison he paid the back owed off she does not play fair last time they went to court she used pics of her oldest daughters diaper rash that she also had used on her first childs Dad on my husband saying it was his daughter, and that she came home with that rash from his house.. she also took pics of Marijuana plants saying they was in his yard it was a complete lie but we live in a hick town so it seemed like the judge ate out of the palm of her hand everything she said, He desperately wants to see her but is afraid of what the mom will try next..
michelle 10/06/2016 at 11:43 pm
Hi my daughter left her family home cause she has a beeakdown and has been mentally ill cause her ex was controlling her and abuseing her , he stopped her from seeing them because she was ill one weekend and she's not seen them for months shes a lot better than she was and feels stronger to have them back , she's put in for custody what are her chances of getting them back we are desperate he's useing her mental health against her any ideas would me much welcome thanks.
Hayley 10/06/2016 at 4:46 pm
My partner now has had trouble with his ex for a year now, they have 2 children together 2 and 7months, he pays her through a standing order every month but she won't let him go through CSA as she is claiming job seekers and other benifits is this allowed? I have a 10 week old with my partner and she has been vile with him saying the kids aren't allowed around eachother and I'm not allowed to meet his children, my partner wants to take her to court to get access and he only has the one child 3 times a month and the other child once a month but pays for them every month and has never not paid what chances does he stand in court?
ChildSupportLaws Editor 10/06/2016 at 12:16 pm
The thought of an ex partner taking your children is the worst nightmare of many parents, and so if it happens, understandably it is a very emotional and stressful time. Many people turn to the police for help to return their children, but how much the police can help is very dependent upon your partner's personal situation. If both parents have Parental Responsibility then the police cannot intervene to take the child off one parent and give them to the other; the police cannot choose between parents that hold PR, that is the remit of the courts. In this situation, your partner would have to apply for a Child Arrangement Order through the courts. I suggest your partner seeks legal advice asap.
nic 09/06/2016 at 3:14 pm
My partner had a bit of a breakdown at the park when she was with her kids and the father she walked away for a bit to calm down. But when she came back the father had taken the children and now will not give them back. They were not married but the father is on the birth papers. What can she do
ChildSupportLaws Editor 09/06/2016 at 2:27 pm
It's rare that a court will revoke parental responsibility. However you can apply for a child arrangement order here which determines who a child should live with and what arrangements if any, the father should have. However, I advise you perhaps take some legal advice to see what your options are.
ChildSupportLaws Editor 09/06/2016 at 12:15 pm
You do not have adhere to your ex's solicitor's demands. In response you can equally send a registered letter to your ex's solicitor asking her to reinstate contact between you and your daughter otherwise you will resort to legal action. Don't forget to take a copy of the letter for your records and keep your proof of sending. It may be worth paying a solicitor to compile this. If this produces no action, you have no alternative but to apply for an interim contact order. In order to obtain a contact order you will need to submit the form to court. The interim contact order allows you to have contact with your child until a full court hearing resolves the matter one way or another. One of the most important factors preceding the final hearing is the report by the Cafcass (Children and Family Court Advisory and Support Service) officer. He or she will interview you and your former partner, your child, if she's old enough, as well as carers and teachers etc. Generally, the court will accept the report’s recommendations regarding access arrangements. You may wish to seek legal advice regarding your options in the first instance, then if you cannot afford the hefty legal fees that solicitors charge, you can self-litigate. I hope this helps.
GM86 08/06/2016 at 11:50 pm
My ex partner walked out on myself and my son a couple of years ago. We organised a suitable rota whereby we both had equal responsibility of looking after our son during the weekends and school holidays as my son lived with me during the week so that I could take him to school and pick him up. My son showed deep distress in having to go and stay at his dad's on alternate weekends to the point where he suffered anxiety and would literally be crying hysterically when he had to leave, my son has been receiving counselling at school for over the past year to help him with this loss. I'll admit that when he left to be with another woman half his age it was difficult, even more so because he introduced my son to her straight away and at the time my son was only 4yrs old and didn't really understand why one minute daddy was at home with mummy and then was living with someone else. My son suffered with severe nightmares, breakdowns and even started wetting the bed and when I tried to tell his dad how he was feeling and what was happening he just laughed! There was one incident back in October 2015 where my son went to stay at his dad's for the weekend and after crying hysterically when he left and he continued to do so when he was there his new partner proceeded to shout at my son and tore all his posters and other belongs down in his bedroom and put them in the bin, dad did nothing and said that my son was lying! This was because she was "upset" by my sons behaviour! Since that time his parents decided that they would have my son on the weekends he should be spending with his dad (because my son didn't want to go and stay at their flat and be near her) so that he could come and visit and try to rebuild the relationship he so easily destroyed, however he would only visit once over that weekend for about 20mins and each time it got less and less to the point that he's not seen his son now in over 6 months. My son expresses that he no longer wants to see his dad and since not seeing him his has been a much happier little boy. My question is that because of his absence I don't know where I stand as even though we were not married he is on the birth certificate so he does have PR. I need advice on what action is can take for him not to have parental responsibly.
Andrew 08/06/2016 at 7:19 pm
Hi advice needed my ex partner has just stopped me from seeing my daughter we was married at the time of birth and I'm on the birth certificate she has no reason to do this she was letting me see her for 6 hrs every other Saturday I've asked for more time as it's simply not enough I have today received a letter from a solicitor saying she is not willing to let me see her and I'm to converse with themming this matter all I would like to know is can she actually do its or do I hold the same parental responsibility as her therefore am I within my right to go and see my daughter we have a strong relationship and myself and my daughter love each other very much where do I go from here
ChildSupportLaws Editor 08/06/2016 at 12:05 pm
Your ex does not have to divulge his new address, likewise if you feel you do not wish to send your children to somewhere you don't know where they are, then you also have the right to say no. This means you are then in a stalemate position. In situations like this where you can't agree then you can suggest mediation as a way around this. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides.
ChildSupportLaws Editor 08/06/2016 at 10:22 am
You can't force your ex to take your daughter on holiday. Your only route is negotiation either with him directly, or you could suggest mediation to him if he will not speak to you directly over this. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides.
ChildSupportLaws Editor 07/06/2016 at 2:13 pm
If you wanted to apply for custody of your child, then I would advise you seek legal advice. However, is this not something you can speak with/voice your concerns about to your ex if you still have a good relationship. There are usual warning signs and symptoms and you could try to establish a seizure-reponse plan, Unless you can prove that your child is in danger, then it is unlikely the courts would change who your daughter lives with? The court will always decide what is in the best interests of your child and consistency and stability is of most importance.
Bills 07/06/2016 at 1:28 pm
Hello,
I divorced almost 3years ago.
My ex had regular contact with the children.
He moved out on Sunday and was going to leave his new address, out of the area.
After discussion with his new girlfriend she has stipulated that she is not willing to disclose it, even though he will be living there too.
My court order only went into household finances such as who would be responsible for repairs, mortgage, insurance etc.
Nothing about child access.
As he is out of the area I am not happy for him to take them away as won't know where they will be.
I have asked several times for the address. Ex came to see my son yesterday and said he would give it, but didn't.
I am not happy to hand them over for days and weekends not knowing where they are. The kids don't like the new girlfriend and I don't want them staying overnight.
I was going to say he could see them but only in my home.
As there is nothing stipulated in the court order I am unsure what his visitation rights are?
Also, can I stop him from staying overnight ?
Many thanks for any advice.
Ronnie 07/06/2016 at 10:27 am
Hi, I divorced my daughters father over 3 years ago and to be honest it was the best solution for all of us, my question is what if any responsibilitys does he have when it comes to taking her on holiday, he refuses to speak to me regarding this matter, our daughter tells me that she wants to spend more quality time with her dad but when he goes on holiday he never ask's her if she would like to go with him, what can I do if anything.
Thanks
Cjbud 06/06/2016 at 8:53 pm
Hey.. me and my ex have a 3 year old beautiful girl. They have been living away from me for several months now. I see my girl 3 days a week agreed between me and the mother. Theres one night a week when i see my daughter and my ex at the same time to have food or fun with my little girl. The mother is epileptic. My daughter isn't in immediate danger but should my ex have a fit which could be at any time then I would fight for my child. Can i do that? I'm so scared for the both of them living away from me. My daughter is behind with her learning too. So using phones or running to a neighbour is something she can't comprehend a the moment.
ChildSupportLaws Editor 06/06/2016 at 12:09 pm
If you do not wish to go to court again, then you can either suggest mediation as a way of resolving the issue. Or if you wish to take a more strident approach contact your solicitor and ask him/her to send your ex a letter stating how your ex is in breach and re-iterate the terms of the court agreement. You can specify that if your ex doesn't comply then you will be forced to take the matter back to court to have the order enforced.
Lou 05/06/2016 at 11:20 am
I have a consent order with my husband for our 13 year old son. I should have him for 5 weeks holiday a year but he routinely only allows me 4 weeks a year. Where do I stand with this and how can I get him to comply without going to court again.
Rudy 04/06/2016 at 11:22 am
I am planning on moving from Birmingham to Cornwall with my 10yr old daughter. My ex partner (we weren't married) has now gone to the courts. I had agreed that I would visit Birmingham twice a month for weekends so the contact remained. He decided to get in touch with the CSA and advised them he was only earning£67pw. He advised me he was going to do this as he was getting more cash in hand work. My payments have now gone from 220pm to 28pm. I have now had a court date for the 16th June. Should I be worried that I won't be able to move?
ChildSupportLaws Editor 03/06/2016 at 12:11 pm
If you have Parental Responsibility for your daughter, you are allowed some rights, but your ex does not have to tell you all or everything about your child's wellbeing and progress, please see gov.uk whichIf you are having regular access of your child and you know your child is fit and healthy, then there is not much more you need to know. If your ex is saying you are harassing her, then it is advisable that you stand back and stop contacting her, unless necessary. You have to respect your ex's wishes if she does not wish for contact with you to continue, your main priority is contact not with her, but with your child.
ChildSupportLaws Editor 03/06/2016 at 10:54 am
The thought of your ex partner taking your children is the worst nightmare of many parents, and so if it happens, understandably it is a very emotional and stressful time. Many people turn to the police for help to return their children, but how much the police can help is very dependent upon your personal situation. If both parents have Parental Responsibility (father registered on the birth certificate) and one parent is keeping the children against the other's wishes, the police CANNOT help, even if the children do not normally live with them. However, if the parent does not have Parental Responsibility (not registered on the birth certificate), the police will be able to intervene and return your child to you. Hopefully, none of this will happen and it is rare that it does. If you do not register the father on the birth certificate, the father will be able to take the matter to court and apply for Parental Responsibility. If his family harasses you then you should contact the police, which gives the definition of harassment. I hope this helps.
Bricey 02/06/2016 at 3:21 pm
Me & my X have a 3 year daughter I've tried everything to try to talk to her but she refuses tells me she will phone the police as a sign of harrsment social won't get involed solictiors won't help I'm not being told anything about my baby I feel like I'm a babysitter.
Louise156 02/06/2016 at 12:30 pm
I need advice, iv found out I am pregnant and me and my family and my partner are frilled. his mum and family are threatening to get the police involved if I refuse to let her have the baby stay there and if it doesn't share the fathers last name, I don't want the baby to have the last name because me and my partner are not married and haven't planned to get married. she wants the baby to live wih her with out me there. She also has been threatening to harass my family until she gets to see the baby, I don't want her to see the baby because I don't want the baby around a person like her and worried she will not give me my child back. What can I do to stop her from trying to get the baby
ChildSupportLaws Editor 02/06/2016 at 10:10 am
I'm afraid I am not knowlegeable about Portugueuse family law and the system is likely to be different than the UK. You do not need to respond to the solicitor, unless you wish to seek legal advice and ask your solicitor to send a return letter outlining your rights and why you do not wish the father to see the children. Your ex's option is to then take the matter to court and let the court decide. Your ex may or may not take this option, but you would have to be prepared that he might.The courts will take the restraining order into consideration when making any decision and it will always decide what it thinks is in the best interests of your children.
joana91 01/06/2016 at 10:05 am
Hello, seeking for some help. Me and my ex partner, have month old twins, i been in the uk for the last years, and he lives in Portugal with his partner, who he has been with for years and never told me and his 2 children one aged 11 and 1 aged 3. we have known each other for 7 years, but only had a relation since 2014, i then fell pregnant and he never told me as to why he wouldn't move here, including saying that he has children who cant leave behind.
Although when my children was born, he was not here for the birth, coming few days after, and leaving the day after i came home,saying he couldn't cope with the stress, and even mentioning that it was to much for him. He was asked to stay as i wanted to registered the babies, he did not care, so i then registered the babies without their father on the birth certificate.
I then went to our home country when the babies were around weeks old, and stayed with family for months whilst on maternity leave, he wold see the babies as in when and never bothered to help me with anything, the person who has helped me through out was their god mother Paula.
In February this year, their father decided to abuse me, and stole my belonging, police was then involved and he has a 2 year restraining order. Now his lawyer in Portugal keeps sending me emails, about the father coming to see the babies, even though he never cared about them.
I need some advice on what to do or who to contact as i don't want my children around that person, alone while they are so babies and cannot walk or talk yet.
Please advise!

Joana
Shia 27/05/2016 at 5:17 pm
Hi all I would need some advise on my cases as I don't see anything relate to my situation.
I split up few moths ago with my ex partner after 9 years and we have a 7 years old daughter together. We never have been married but I am on my daughter birth certificate as the father. I am Italian and the mum English. My daughter is British and also registered on the Italian embassy when she was born.
I live currently with my new partner in a studio flat and my daughter loves to come to my house and stay with me and also with my partner as she knows her for about 2 years now, as we were colleagues at works.
My daughter doesn't mind have my partner around at all, actually likes her a lots, but the mum stop my daughter to sleep at mine because I used to sleep in the bed with my daughter and my partner sleeps in a separate sofa but in the same room.
I asked my daughter and she doesn't mind at all, actually like the idea to have more people around when she sleeps as comfort.
I pay for my daughter child maintenance (little bit more than I should and I do it for my daughter only) plus I pick her up 3 times a week in the morning and have breakfast together and drop her to school.
Usually in the weekend she stay at mine all day Saturday e twice a month also on Sunday.
I pay for her clothes and whatever she needs.
Could you please advise if my partner could actually stop my daughter to stay at mine?If not, what you advise to do?
Note that I was in an abusive relationship and my daughter remember all the screaming and arguments I received (even racist comments as Im Italian and she is AfroCaribbean), my daughter cried lots of times with me and she remember everything unfortunately.
Till now she is abusive and I have to deal with her only cause my daughter. She also treated me to don't take any more my daughter to see her grandparents in Italy (she has been there 10 times in 7 years as she loves Italy and once was there for all the entire summer holidays) as she claim my mum didn't do enough to save our (abusive) relationship and my daughter desperately keep asking her and me to go to Italy.
If you could advise I really would appreciate it.

Thanks
Bea 23/05/2016 at 11:12 pm
Hi I'm in a relationship but it a bad one we have a 2 year old son together and I have 4 of my own.....he likes a drink and has told me that if we split up he would take our son hos name is on the birth certificate......I'm so scared I will lose my child that I stay with him....any advise would be greatly appreciated
Cj 23/05/2016 at 8:33 pm
Hello I need some advice my partner and I have a daughter and my partners ex is trying to stop my partner from seeing his son because she hates me and my daughter, she's being very vindictive and nasty toward him and now treating to take him to court to make him see his son when he wants to but she's not allowing it and saying no your not if your with her (me) yet we have a daughter and due to be married soon, what legal advice should we do as we can no long have his son over night as we only live in a small house only big enough for me our daughter and my partner, also what legal rights does she have trying to make him stay overnight when I own the house it's in my nanometer not my partners. Really need some advice as this is really getting my partner down as he wants to see his son but she's not allowing it yet taking him to court to make him see him which doesn't make sense we've also kept all the messages from her stating that we want to see Rico yet she's the one that's stopping us?
Rite2mel 21/05/2016 at 1:10 pm
I am in the process of divorce which is in the final stages. My husband lives in America and has never seen our daughter who is now 19 months. I left him when he got physically abusive after I fell pregnant. He doesn't pay any child support or anything like that for her. He has been using Skype to build some sort of a relationship with our daughter which isn't easy. Especially when he gets abusive. Having to text him and continuously fight with him is really draining me and it isn't good for my daughter at all. Is there anything I can do? Do I have to keep allowing contact?
Needing advice 21/05/2016 at 11:27 am
My soon to be ex husband is mentally abusive. He is a narcissist and said that if I try to get child support from the Court he will try to take our kids away from me. He said he has multiple text messages from me to use against me. One including a text where I was suicidal (ONLY because my doctor switched my depression medication) the day I felt suicical I immediately stopped taking the medicine and my kids were Never in an danger of seeing me kill myself as he claims. He says he will use that to take my kids if I have the court decide child support. He has also said its more important that he's not financially crippled then having their mother in their life and he will do whatever it takes no matter how that would make the kids feel. Tonight when we met to finalize he divorce papers at his house he was SECRETLY RECORDING ME! He is more and more mentally abusive and I'm wondering if he really could have the kids taken away from me or if I SHOULD have the courts decide since he is threatening me if I don't do what he wants! He was also on probation back in 2010 for domestic abuse for holding me against my will in our house! He says it's a sealed document and can't be used against him!!
ChildSupportLaws Editor 17/05/2016 at 10:46 am
You don't say whether you have a court order in place or not, but I assume not. Are you on good terms with your ex? Can you speak to him to discuss with him why you currently don't want your daughter to see him? You have every right to keep your daughter away from your ex if you have safeguarding issues. If you are still on good terms with your ex, you may want to also speak to his family to explain your concerns and/or try and urge him personally to get help.
ChildSupportLaws Editor 16/05/2016 at 1:39 pm
If your ex does not wish to let you see your children, you can suggest mediation in the first instance and if she refuses, then you will be allowed to apply to court. Your ex has no right to stop you seeing your children on the basis that she doesn't like your partner. Please see link: When Your Ex-Partner Denies You Access, here. You then have the option to go through the procedure laid out in the article. I hope this helps.
Jj 16/05/2016 at 11:57 am
I'm in desperate need of advice. Meach and my ex split 2 years ago and I have never once stopped him from seeing her. For the past 2 months he's admitted to self harming in very obvious and noticeable places. My little girl is 4 and is starting to ask about the cuts on daddy's arm. Well 2 weeks ago things went from bad to worse. With in a weekend he has been accused of rape twice. Not only that he was once again in hospital for trying to commit suicide. The whole situation has led me to want to stop contact. Not forever. But at least until he is receiving he help he clearly needs and his mental health is been addressed. I don't want little girl to see all of this because I don't know how to answer he questions and don't want her mentally scared. I just want to know if 1. I'm been reasonable and 2. If I'm within my rights to do this. Thanks.
Father 15/05/2016 at 9:44 pm
Hi im after advice i hav a 4 week old daughter wiv an ex who is refusing to let me see her because i hav entered a new relationship, i saw her everday for 2 weeks and had her to stay twice whilst she went out drinking i was present at the birth and there wen she was registered. She is in the process of takin me to the csa which i will be willing to pay to see her what rights do i hav and how do i go about gaining access to see her. Also i hav two children 4 and 6 from a previous relationship who i had to stay 3 nights a week for 2 years since we split up and she has now stopped me seeing them because of my new relationship. I am on both certificates and a great dad to all 3 children, what are my rights and what kind of access would i be allowed thanks x
ChildSupportLaws Editor 11/05/2016 at 10:51 am
Unless you put your ex's name on the birth certificate will he have any rights. If you put your ex's name on the birth certificate then he will have Parental Responsibility which means he can keep your child and the police cannot get involved and help to return him/her. You would then have to apply through court to have your child returned. If you do not put his name on the birth certificate, then he will not have PR, which means if he attempted to take the child, then the police could get involved and return your child to you. However, if you want to put your ex's name on the birth certificate but are concerned that your ex will try to take your child, then you could apply through the courts for a Child Arrangement order which determines who the child should live with, please see gov.uk whichIf you are concerned for the welfare of your child, until the order came through you could arrange supervised visits only. I hope this answers your question.
ChildSupportLaws Editor 09/05/2016 at 12:52 pm
As specified in the article, only if the father is issued with parental responsibility to your child will he have any rights, i.e if you do not add his name to the birth certificate, he will have no rights, but will have the option to apply for those rights via the court process. Please also see link: here for further information.
Thousandtrees 08/05/2016 at 11:27 pm
I'm currently pregnant and the father lives over 60 miles away. We split up a few months ago because i believe he is a pathalogical liar and has some serious mental health problems. He is also a very big 'pot' smoker. My worry is that when our baby is born, he will try and take him from me, or if he was to take him away to stay at his for the weekend, i worry what will happen because he goes for days of turning his phone off to 'sort his head out' meaning smoking and drinking himself silly. He has told me he has attempted suicide twice and very nearly succeeded both times. Our relationship only lasted 6 months so i don't know much about him apart from some things that i find very disturbing and makes me worry for the safety of our baby when the baby is in his custody. Is there any advice that you could give me please? Also i'm a single mum, on a low income and I know i wouldn't be able to afford going to court...is there any financial help out there as I am aware that legal aid has now stopped? Thanks
ChildSupportLaws Editor 05/05/2016 at 12:14 pm
If you can't agree between you that your ex turns up at the correct time, or he keeps flouting this, then you have a couple of options. Either suggest Mediation as a way to sorting this out. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings, Contact Orders, residence agreements and divorce. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach an decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. If your ex refuses to attend, then you can apply to take the matter to court. However, the courts will wish to see that you have attempted to explore mediation before you can apply.
Smithy89M 04/05/2016 at 11:26 pm
My partners ex has a history of drug abuse and domestic violence against my partner. He has been in rehab 6 times and still takes drugs and drinks in excessive amounts.

When he comes for his children one is 4 the other 8. The 8 year old doesn't want to go with him. The 4 year old does only when she speaks to him over the phone and he more or less talks her into it...

He isn't paying any csa etc.

He is violent towards me and tells my partner and his children that his is going to beat me up etc. Tells his children to swear at me such as your a fat c**t or bast**d

We're does my partner stand in all this legally ?

She is trying so hard to make things easier for her kids but this so called dad is a nightmare.

Both children were born after 2003 and he does have pr as far as I'm aware.
Smelv 04/05/2016 at 5:42 pm
My ex picked 3 nights a week when we split to see our 1 yr old daughter however if he decides to go on a drinking bender he will not be in contact on his arranged days and just turn up a few days later demanding to see her! Where do I stand in a legal position as we both have PR. At the minute she's too young to understand but I'd rather stop contact now before she's old enough to realise what's going on
ChildSupportLaws Editor 04/05/2016 at 2:30 pm
As your eldest daughter is 15, should he wish to take the matter to court to try and obtain a child arrangement order, then your daughter would be asked her opinion and her opinion would be taken on board. It's unlikely the court would force your daughter to stay more than she wishes to. It may be that these issues will resolve themselves naturally when you make the split. If they do not mediation may be an option.
Shelley 03/05/2016 at 10:33 pm
Hello there I've been married since 2007 and have 2 girls 15 and 13 nearly me and my husband are going through a rough time we're going to split I'm moving out he as said he wants the girls 3 days one week 4 the week after and repete every fortnight but my eldest only wants to stay every other weekend I don't feel the 4/3every other week will work as they have no routine can he make them stay if the don't want too
donna 01/05/2016 at 4:35 pm
hi my ex as apllied for a child arrangements order to gain access to r 3 children. bt e asnt got parental responsability and on the c100 form i ave received no order as bin included we r listed to attend court on the 24 may. from wat i ve read on varies sites e cant ave any access to r children as no order as bin made for parental responsability. am i rite that application shudn of bin made without both oder bin put on aplication.
ChildSupportLaws Editor 27/04/2016 at 12:40 pm
You cannot be forced into signing anything you do not wish to sign. If you do not agree with your ex wanting parental responsibility, then your ex will have the option to take the matter to court. However, the court rarely refuses a biological father parental responsibility unless necessary.
Bobby123 26/04/2016 at 4:29 pm
My ex refused to go on the birth certificate when our 2 year old was born but now out of the blue wants parental rights in the form of a signed affidavit.
Can I be forced into this?
Access is not an issue he can see our child whenever he wishes. I do not trust him at all
ChildSupportLaws Editor 26/04/2016 at 9:59 am
I can only suggest you seek legal advice. It is a tricky situation and it depends on how long you have been together. Your ex may have rights if you have a child between you and she is to become the primary carer (especially if she has nowhere to live). A court can also make long-term arrangements about housing in certain cases where there are children. It's worth paying for some advice in order to find out about your own rights and options. In the meantime please see the CAB link: 'Ending a relationship when you're living together', here which will give you some rudimentary information regarding your situation. I hope this helps.
mousec 25/04/2016 at 8:09 am
Hello
I have separated with my partner about 1 month now we have a 3 year old we live together.
I have a shared ownership property 25% mortgage 75% rent
My ex partner doesn't work and I work full time and pay all bills in the house
Now we split up she has no intention of leaving the property
I'm prepared to support my child with payments and anything else I can but I don't wanna be sponged off by supporting my ex
She said she gonna take my child and I c her on my days off work which I agreed with but I don't want to live with her as I'm trying to be civil but she's not
Where do I stand with getting her out the house?
Alexa91 23/04/2016 at 1:28 pm
Hi there I have a 8 months old baby. Father n me r not together but his on the birth certificate . I'm Hungarian living in the uk. I'm planning to move back home but I think dad wud not let me. Baby his on the child protection plan as father was drinking and was abuseve towards me when I was pregnant . He sees baby only Friday's supervised contact. I dunno how can I move back home or what do I need to do. Baby his under my care but there is no court order or anything like that. Please help me I'm really desperate . Thank you
ChildSupportLaws Editor 22/04/2016 at 2:53 pm
If you do not put his name on the birth certificate then he has no parental rights. However, I would keep all the texts and correspondence such as this as evidence should you need it. If you also feel your ex is harassing or intimidating you, then you can should contact the police, see: Ask the Police which
ChildSupportLaws Editor 22/04/2016 at 12:16 pm
Firstly, you do not give a reason why your ex has refused to pay CSA. If he is registered with the agency then he will fall into arrears if he is avoiding paying. If he cannot pay because he has lost his job for instance, then this is not his fault. Secondly, child maintenance and child access have no bearing on one another and children should not be used as bartering tools or bribes in situations such as this. If for any reason your ex cannot pay child maintenance, then he should not have to lose out on access to his child as a result. If your ex is making threats regarding taking your son, if he has Parental Responsibility the Police cannot get involved here to help take your son, or retrieve your son if your ex decides to take him without your consent (because he has PR). It is a difficult question to be able to advise on without knowing the full situation, but I can only recommend Mediation if you have come to a stalemate situation regarding finding a solution to your disagreement. Situations like this can spiral out of control and it is advisable to try and sort the matter out rationally before it goes too far.
Vikkiki 22/04/2016 at 9:47 am
Hi i split up with my ex few month ago because he cheating on me with hes ex he keeps threatening me he will take baby away from me and im only pregnant 12 weeks have some screenshots where he saying that or like he destroy my life and simular stuff hes ex and friends threatening me too have all messages to prove he had loads criminal stuff in past no job no place to live does he can try to get baby from me if i wont put he on birth sertificate? Thanks for answer
jen 21/04/2016 at 5:07 pm
My ex has refused to pay csa for the last 6 months or so I've now told him I'm going to cut contact as he still refuses to pay... he's now saying if I send my son to my mums for the night (a request made by my son) he will turn up with the police to take him... where do I stand in regards to this? T.I.A. :)
ChildSupportLaws Editor 21/04/2016 at 12:00 pm
You can apply through the courts via a C4 form which is an application for an order for disclosure of a child's whereabouts. If you apply for this alongside a contact order it will allow the courts to trace your child in order that you can apply for contact/access. It does not mean your ex's address will be disclosed to you (if your ex wishes it to remain confidential) but it does mean you can put the wheels in motion to regaining access to your child.
Ontherock 20/04/2016 at 2:25 pm
My ex took my child from the western isles of Scotland to Cornwall to live and she is refusing to give me her address.... I think her and my child are in a refuge what can I do to get her address for taking her to court?
ChildSupportLaws Editor 20/04/2016 at 11:58 am
You do not have to put his name on the birth certificate or give your child the father's surname. However, if the father wishes to be part of his child's life, he can apply through the courts. Every father is entitled to be given a chance to be part of his child's life and have parental responsibility, the same as the mother.
JJ 19/04/2016 at 8:37 am
Hi my bf left me pregnant about 10 weeks and with a deciso disease by whatsapp. I'm sure he left me for an other woman but he told is not true .anyway he talk to me just by whatsapp because he told me he feels to be an idiot and he scared to meet me because he is shy! He is just smart and I don't care for him as he don't care for me and my health trouble. After told me when he was angry because i have insulted hon, now he want give his name to the Child. I dome want him in our life what can i do? Thanks
Concern mum2b 16/04/2016 at 7:08 pm
Hi, I'm expecting my first child with an ex partner, I left him after he stated he wanted nothing to do with the baby and wanted me to have an abortion. I was not able to go through with the abortion so decided to walk away from him thinking he will change his mind about the baby. We were engaged to be married this year yet this unexpected news put a stop to it all. We were amicable until he told me he would be denying being the baby's father and wanted nothing to do with the baby. At the time I was obviously angry with this decision as he already has two children living with him and could jot unseat and why our child meant nothing to him. I told him I would be claiming for maintenance and left it at that. Since then some members of his family have harassed me and I believe with intent of causing harm to baby, but this is just speculation. I have since managed to block any contact with his family but I am obviously concerned for what the future holds once baby is born. If my ex partner is willing would I be able to write out a contract with our agreed terms and conditions in relation to the baby, for example, I will not claim maintenance as long as he does stay away from the baby? This would have both our signatures and even if possible an impartial witness to the signing. We would both have a copy and keep it private until a time that one of us may break this contract, I.e. Ex partner tries for custody. Would this contract be legit in the court or would I just be causing myself more distress by putting it in place with no means to an end? I was willing at the beginning to be amicable with the father and do a co parenting situation however a side has been seen that has caused much concern. Any advice would be gratefully received. Thank you
K-M 15/04/2016 at 5:45 pm
My ex partner has said she is ceasing contact until there is a proper contact order in place. For the past 3 and a half years I have had contact with my children sat-mon morning, I asked this week on this one occasion to deviate from the agreement as my partner has a work commitment (she has adapted her schedule to provide us to drop the children off on a Monday morning however there was no way round this one as it was already scheduled), she said no as she had plans and wouldn't be there for the arrival of the children. I then asked my mother if she would be able to take me there on Monday to drop them off as there is no public transport that would allow me to get them home on time for school, therefore sorting out that I would still have them sat-mon as is the usual times. My ex partner has now decided that she wants the children back on a Sunday every week, even after stating that I had to stick to my days she is now claiming that the children do not settle properly under this arrangement after previously repeating that I stick to the original arrangements of sat-mon. I have refused this and she has now stated that she will not allow me to pick up the children for my visit on Saturday until there is an agreement in place. Can I still go and get them legally (I have parental responsibility) and what can I do about still having the access days?
JONZEY 14/04/2016 at 10:51 pm
HI I NEED SOME ADVICE I SPLIT UP WITH MY EX PARTNER OVER 3 YEARS AGO AND WE SORTED CONTACT THROUGH MEDIATION INSTEAD OF GOING TO COURT AND SET UP AN AGREEMENT WHICH WE BOTH SIGNED. HES NOW CUT HIS DAYS DOWN TO ONLY THE WEEKENDS WHICH I AM FINE ABOUT. BUT HE KEEPS TURNING UP LATE FOR THE BOYS AND THEY COME BACK WITH BUMPS AND BRUISES ON THERE BODY ALL THE TIME, AND CANT EXPLAIN TO ME WERE THEY HAVE COME FROM. AND DROPS THEM OFF LATE TOO. TEXT ME MINUTES BEFORE HES SUPPOSED TO PICK THE BOYS UP AM NOT COMING OR JUST DUSNT TURN UP
HE HIMSELF IS ALWAYS THREATENING ME OVER THE PHONE COMES TO MY HOUSE TEXT MESSAGES AND HE GETS HIM FAMILY INVOLVED ON THE PHONE TO MY HOUSE ECT....
I HAVE ALREADY PHONED THE POLICE TWICE FOR HIM THREATENING ME !!!
AM STRESSING ALOT ANY ADVICE WOULD BE MUCH APPREICATED
ChildSupportLaws Editor 13/04/2016 at 2:27 pm
If your new partner adopts your children then the adopter is liable to financially maintain your children - any financial liability from the biological father will effectively end.
Confused 12/04/2016 at 8:46 pm
If my new partner adopts my children legally will there biological dad stop having to pay maintainence?
ChildSupportLaws Editor 12/04/2016 at 2:53 pm
It is very difficult if he gives his ex cash as there is no way to prove that he is financially supporting his child. However, if his ex approaches the CSA/CMS then my only piece of advice is once an agreement is laid out via the CMS, then not to pay his ex cash again as he will then be then liable for arrears if he cannot prove payment.
ChildSupportLaws Editor 12/04/2016 at 12:11 pm
I am sorry to hear this. However, we are unable to offer advice here as we are a UK-based website with knowledge only of UK family law.
lil 11/04/2016 at 11:13 pm
My partner gives his ex money every week in her hand. Takes his daughter 2 or 3 days a week. But now she wants to get lawyers involved and go to CSA for reasons we don't know. He isn't doing anything wrong he pays for his daughter and buys her stuff when needed. She will go to CSA and say he doesn't bother with his daughter. What can he do in court to prove he does
Lovely 11/04/2016 at 4:08 pm
I am not with my partner I was living with him and my daughter and he kicked me out. I had no where to go so I left my daughter with him. I moved to Las Vegas to see if my dad could of helped me but he denied helping. I had no where to go. This kind man asked me if I had no where to go he said I can live with him only if I clean his house and cook for him. I now have somewhere to sleep in I also have a job. He was able to provide me a job. I asked social services for help because I had no where to go they didn't help me. I asked my mom she didn't help me. I want full cousty of my daughter but then again if I move back to California where will me and my daughter go to. I am scared that one day we will go to court and he will say I abandoned her when in fAct I didn't I just couldn't provide for her. She is only 1 years old. I didn't see her walk she cries when I am not there she cries when I leave down so I can go to the restroom. The father knows it but he wants to see me suffer. I need help I want to be with my daughter but social services won't help me. I am just 20 years old
Manstar 08/04/2016 at 1:25 pm
Hi I have never been married to my ex partner. I split with my ex partner approximately 18 months ago. We have two boys one born 2004 and one in 2006. She now has a new partner and so do i. I pay CSA via direct from my wages. She will not allow me to see them at my address due to me now living with someone else(although it is ok for her partner to stay over where my kids live). She has told the school to not allow me onto the email list(for activity notifications and forthcoming events at his school). - is this allowed - there is no court order or any other order against me so how can this be allowed?? PS I am on the birth certificates for both my children.
ChildSupportLaws Editor 08/04/2016 at 12:56 pm
If your ex was to get in touch now that you do not have to allow him to see your son. But should he wish, he can apply through the courts for access as there is nothing to stop him, regardless of whether his is on the birth certificate or not. At the same time, there is no rule to say the courts would grant him access, it would be the decision of the courts and whether they felt it was in the best interests of your son. Every parent has the legal right to apply for access to see their biological child.
Confused 07/04/2016 at 7:55 pm
Hey there. I split with my ex almost 9 yrs ago we never married or lived together. Hes never tried to contact our son and has since been married. Hes names on the birth cert. I just wondered where i stood in case he wants to see our son. Any information would be very welcome. Thanks .
ChildSupportLaws Editor 06/04/2016 at 2:54 pm
No, you are not financially responsible for your partner's children.
eggy 05/04/2016 at 11:06 pm
Hi,I'm a single mum getting married this year.
My fiance has 2 children he pays maintenance too,when married is his ex entitled to what little income I receive aswel?
ChildSupportLaws Editor 05/04/2016 at 12:13 pm
He will not be able to take your son as it is highly unlikely the court would award a non-resident parent full care of your child, especially as he has had very little contact with him and he is not registered on the birth certificate, therefore you need not worry. The most that will be agreed will be that he would be given parental responsibility, and contact (as deemed appropriate by the courts), in turn he would also be financially responsible for his son and asked to contribute to his upbringing, if he is earning.
j 04/04/2016 at 12:42 pm
I was in a physical and mentally abusive relationship for 5 yrs. When we seperated i found out i was pregnant, he told me to' get rid' and spread lies to all our mutual friends that the baby wasnt his. His name isnt on the birth certificate due to him denying our son. He hasnt shown any interest or provided for his son. I do want my son to have a dad so i asked him him to spend some quality time to get to know our son..that worked well for about a month. Then he stopped giving money his reasons were he and his girlfriend were saving for a holiday..now he turns up randomly without warning, walks around the house like he still lives here my bedroom isnt even safe from him...last time he turned up stinking of alcohol from the night before demanding to see our son. I told him no. He left and within 2 weeks i recieved a letter of mediation from his solicitor. I cant afford the mediation fee so now hes taking me to court!!. What are my rights will he be able to take my son?
Shazza 04/04/2016 at 12:27 pm
Hi my daighter was in a relationship with a certain person that has now came out that he is bi- sexual and had a wee girl last yr to him but the relationship broke. Down on november 2014 the baby was born in january 2015. His name npt on birth certificate and does not get access to her he prefers his drink in drugs than anything else he has bad mouthed my daughter saying that she beat him which was not true as mu daughter police out for him but then decided to let him off when he moved out my daughter now with some one else and the boological father doesnt like it and is now threatening to take her to court for access he is also in a relationship with another girl who aldo jas a wee boy may i add he is not the father but he was took away from after birth as she told my daughter through the person she is with and she only gets to see him about 2 weeklu when my daughter was pregnant she was told by the midwifes that if she went back with the father she would end up with social workers which she dosent want as she is foing a great job on her own with her family around her so were wondering what rites he may have as it now saying in the daily mail newspaper that mothers could end up in prison for not letting father access or be part of childs lifeb
ChildSupportLaws Editor 31/03/2016 at 11:32 am
If your ex has PR, then you will have to ask his consent to move from the area. If he refuses, then your only option would be to suggest mediation, if he refuses this, or an agreement can't be found, then you would have to apply to the courts for a Specific Issue Order. These are orders sought from the family court to determine a particular matter in connection with the exercise of Parental Responsibility. These orders can cover a wide range of issues that you and your ex-partner cannot agree on. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. I hope this helps.
Nicky 30/03/2016 at 7:48 am
Hi, I moved to the north east when I met my ex partner ( he lived there) we had a baby but now have split up. My mum also lives in the area. I live with my mum and son and my mum is moving to Bristol next year when she retires. She is my only support with my son. My ex only sees him on Thursday and Sunday. He is very difficult and won't provide me with any information on our son, he has only just strayed to pay half the nursery fees. I understand the importance of my son seeing his dad, however he won't offer additional support and will never have him for alternative weekends as he says that's his time. I've offered extra time and it's always a no. I want to move to Bristol with my mum. I will promote as much contact as possible. Can his father stop me. He has PR.
Many thanks
unlucky 29/03/2016 at 4:25 pm
Hi, I want to let my deceased mums bungalow, will the csa take the income from it into consideration for child support, I have a deduction of earnings at the moment from my wages
stressed 28/03/2016 at 4:05 pm
My wife are splitting up but are still living in the same house. She has a problem with spending too much money. It has been a constant stress for me. We have an 8 year old. I dont trust her to look after her. She comes back from work and falls asleep on the sofa and my daughter will help herself to food (you can imagine). The wife then wonders why Im annoyed when I come home.
She now wants to take her away on holiday. I dont know what with. Can I stop her. My wife was not born in this country doesn't have a British passport. My daughter does.
Toddy 26/03/2016 at 8:06 pm
Hi my x wife has taken away my son for over a year now because I broke the court procedure were as within the four hours I was allowed to see my son I told him off and used a derogatory comment about his mum..She has tried her dam hardest to take him away from me after he met my new partner and was obviously very jealous and brainwashed my son so that when she took me back to court she said he didnt want contact. .I've tried emailing her to see him and have had replies stating to leave her alone..I've even sent my mob number for him to txt me so that she isn't involved. Even though he's only 11 now ..she is constantly ignoring me.now..me and my son had a very good relationship together and now there is nothing..wat can a dad to?
Jojo 26/03/2016 at 3:52 pm
Hi
I have recently split from my ex and he has threatened to take both my life and his own. I have two girls aged 10 & 7 and whilst their dad has never hurt them they are extremely upset as he has been posting abuse on facebook and threatening me with theft and fraud and all of this is completely fabricated.The last time they saw him they ran away from him to a friends home. He says he will approach them in the street or at school or church as he knows where we will be and when as we are still living in the same area.. Although he has PR is there anything I can do to stop him from doing this as I dont want my girls upset any further
Mummy 25/03/2016 at 10:48 pm
Hi . I have recently split up with my ex . We have been together for 8 years and have a 7 year old girl. She lives with me as he has no fixed address and when she goes to stay with him she stays at his disabled mum and disabled sister in a one bed flat with 4 people all together. I left him because of his drinking and drugs problem . Now he became so jealous and obsessive with what I do etc. The worse thing is he's talking bad about me in front of our daughter , and for example manipulating her while saying stuff like 'you don't have to come home you might be bored so you better stay with me ' he's not supporting me instead he says she doesn't want to go home . He don't keep up with our arrangements. I just want a proper stability for my child and I want him to stop saying those things about me in front of her . I'm scared to send her for the weekend with him and his family as all they talk is the break up etc . He has a harassment warning and I'm with a domestic violence team , also social services are involved as he's mentally abusing our child . What would be the court order in my case ?
Mamatojayden 25/03/2016 at 10:43 pm
Hi I'd like some information about moving from scotland to wales I was in a very mentally abusive relationship which later turned physical on his part I moved to Scotland to be with him and we have a 3 almost 4 year old daughter and I am now with an amazing man who has taken her on as his own she still has regular contact with her dad but he's very manipulative towards her in regards to telling her my now fiance is a bad man will tell her im trying to take her away from him ect. I am now in a predicament where I'm no longer able to afford any houses in the area and he refuses to let me take her into homeless with me and I know if I was to alow her to stay with him he wouldn't return her once I got suitable accommodation because he's on her birth cirtificate. So I was just wondering if it's even a possibility to be able to move to wales I would most definately allow contact with her I just need a good support system around me and I don't have any of that where I am. There's also no speaking to him, it's his way or no way. No agreement between us is legally binding in regards to custody.
****!!!### 25/03/2016 at 4:24 am
My now ex has assaulted me and taken our 5 month old baby he is refusing to bring her back or let me see her. Police say that's nothing they can do as he has PR too.he has been violent our whole relationship physically and mentally. He has a pretty bad criminal record to will that make a difference? What is the quickest way to have my baby girl back in my arms please help
Zee 24/03/2016 at 9:36 pm
When I realised that I was pregnant, I told the father of my baby and he told me to do abortion because he did not want the baby. I refused. He then broke up with me and told me he demands dna tests when the baby is born because he does not believe the baby is his. When I gave birth I told him to come for dna test. He asked for my baby's photo, I sent him 1. The next thing he said was I should give him my banking details so he can start maintaining. I did so. He then started maintaining. Few months later I got worried by his instability to pay n decided to do things the legal route. When I told him, he threatened to tell court that he cant pay me anymore n he knows court wont do anything about that. I stopped the order. He started being stable with payments. Last time he saw our son was 2 years back. Now he wants to have 50% parenting rights. He tells me he will stop paying so that I can go to court. My question is, what if the court case takes longer? Is it possible to get him to back pay? N the 50% parenting right, does he really have rights to do that? After wanting the child dead?
ChildSupportLaws Editor 24/03/2016 at 11:04 am
If you cannot negotiate this between yourselves then Mediation may help, please see link: Mediation: What is it and is it For Me? here. You would first have to suggest mediation before you could apply to court, however, if your ex refuses, then court is your only option. You would have to apply for a Child Arrangement Order. Unfortunately, there is no guarantee your case will be successful as the courts will have to decide what it thinks is in the best interests of your child, and once a child is settled, the court would generally prefer not to remove a child from the primary carer to the non-resident parent, unless necessary. However, given your circumstances and dependent upon the agreement made with your ex, you will have a case.
ChildSupportLaws Editor 23/03/2016 at 1:44 pm
You do not have to meet up with your ex, if he is not on the birth certificate, then he has no official right to make demands. However, he will be able to take the matter to court, should he choose. However, you would be able to have your say regarding the reasons why you do not wish for him to be part of your children's life when Cafcass get involved. Whenever parents can’t agree over an application for a contact order, they become involved, compiling a report on the family, both parents and children. The document they produce carries a great deal of weight with the family court. The Cafcass staff who compile the reports are known as Children and Family Reporters. It’s their job to interview both parents in the case, as well as the children, and any others who might be needed, which could mean social workers, medical professionals, or even relatives. From the interviews they conduct, the reporter will determine two things: whether there should be contact allowed, and, if so, how much. It’s a measure of how important the Cafcass recommendation is that the court will almost invariably adhere to it. It will also take into account your concerns and the fact that you do not wish to see your ex in person.
Bigbird 23/03/2016 at 11:47 am
I have a 5 year old who lives with her dad i left him last year due to marriage breakdown i had no where to live at yhe time so i left my daughter with her dad i have now got somewhere to live a new partner but my ex says shes happy and settled but everytime she goes back to her dad she gets upset as she wants to stay what can i do to keep her as my ex refuses to let me have her full time
maxi 22/03/2016 at 5:00 pm
Hello. I have a disabled son in a wheelchair aged 8 years old and his dad is on his birth certificate. I have a 6 year old daughter and I didn't put him on her birth certificate. We broke up last year and I have been meeting up once a month so he can see the our children. My ex grabbed hold of me to kiss me. I managed to get out of that. He wants to come round to my house and I say no. I like to meet up in a public area. If he comes round he eats lots of food and won't go when I want him to. Yesterday he said he could take me to court. He works part time and lives in a caravan. Before we said goodbye my ex grabbed my daughter and said he wanted to take her home with him. I was scared and came home feeling frightened. I don't want to meet up with my ex next month.
ChildSupportLaws Editor 22/03/2016 at 12:06 pm
I am very sorry to hear this and you understandably must be distraught. Your first step should be to send a registered letter to your ex-partner in which you ask him to reinstate contact between you and your child, and stating that if she does not do so, you’ll have to resort to legal action. Don't forget to take a copy of the letter for your records and keep your proof of sending. If this produces no action, you have no alternative but to go to court and ask for an Interim Contact Order. The interim contact order allows you to have contact with your baby until a full court hearing resolves the matter one way or another. Unfortunatley, it is the case that the police cannot get involved if he has PR.
Sticky 21/03/2016 at 6:06 pm
My ex partner has refused to hand my 7 week old baby back after having access he wasn't there through the pregnancy and I suffered from physical mental and emotional abuse from him throughout our relationship he drinks and also takes drugs I have been to the police but they won't help me get my child back because his name is on the birth certificate he is denying me any access to my child can anyone tell me how I can get my baby back I have seen a solicitor but they said it could take weeks or even months to go through court I am missing my baby so much and just don't know what to do
Mum 20/03/2016 at 8:25 am
Hi, I have recently had to leave my baby's dad after a really volitile relationship, he was controlling, manipulative, called me disgusting names and was physical with me at times as well as smoking drugs every night. I didn't want our son to grow up and see this happening so I left our home with our child and have since begged him to keep it civil and we can fairly share the care of our son ( providing he sorts himself out) . He has refused to see him or pay for him until I come back home. (Another act of control ) as I have told him I'm definitely not back so when is he going to see his son and he isn't interested at all. Not even asked me how he is. As time has past though I'm realising that he must have mental health problems due to how he has acted and I'm not sure I'd even want the baby to stay with him on his own. What would be the best thing to do if he started saying he wants access out of the blue. I really want my son to have his dad in his life but after all this his dad clearly doesn't care much for him but I feel like he will start saying he wants access only to get to me!
ChildSupportLaws Editor 18/03/2016 at 3:04 pm
I am sorry to hear this. Unfortunately, there is little you can do this late. One option would have been to apply for a Specific Issue Order, However, it would take time to come to court or mediation. I can only advise that you speak to your son directly to see if there is any reason why he may not wish to come to your wedding. Regardless of whether your ex is controlling, it may be he is feeling emotional himself, perhaps through seeing his father move on from his mother.
dotto76 18/03/2016 at 10:12 am
I am due to re marry in 2 weeks time and my ex has now said that my son (who's 10) doesn't want to come. we've been divorced for 5 years and she is still bitter and uses my son as a weapon.
is there anything that i can do to make sure thats he's at my wedding . We are having suit fittings today and if he decides in the next week that he wants to come,theres not gonna be enough time to get his suit.

feeling really anxious

any advice would be great.... Thanks
Ali2 14/03/2016 at 11:24 pm
I got married and moved away from my ex. As soon as I moved my ex stopped maintenance. He is demanding I bring our daughter to see him. To his door a 400 mile round trip for me. He will not compromise. I have not made a journey specifically to see him but have fitted in access when I am visiting his older 12yr old daughter who lives in the region who refuses to have anything to do with him.

I encourage my daughter to keep up SKYPE contact but she gets bored.

He says that as I was the one to move away it's my responsibility to facilitate his access by travelling. We discussed him stopping maintenance in order for him to do that. He has stopped paying and refuses to make even an attempt to see my daughter. I suggested meeting half way but he refuses.

I have another child now and do not work. We are not entitled to child benefit. Can a court force me to comply with his demands?
Dee 12/03/2016 at 7:24 pm
Hi, I split with my ex in August last year and have just received a summons with regards to a Residence order and Defined contact order. I don't understand what these are for as we had an agreement set for days and times, which I followed.

I have also just found out my ex is trying to change my son's religion next month without my knowledge, is this legal?

Thanks Dee
Renato 12/03/2016 at 6:42 pm
I have a court order that allows me to see my 4 years old daughter every week. My ex said to me that she has the flu cannot take her at pick up point. By the law Does she needs a GP certificate to proof that she's real I'll?
Cj 12/03/2016 at 5:37 pm
Two years ago my ex and I split, we arranged everything regarding the kids (visiting his, maintenance etc etc) but recently since him having two more kids in his new relationship, he has been distancing himself from our kids, I was asking for months if he wanted to spend more time with them as he picked them up Saturday lunch until Sunday tea time and we agreed that he would pick them up every other Friday evening. Now after 2 months of this he isn't wanting them ever 4th week, which doesn't bother me but in one breath he wants to spend more time with them to the point where he is threatening me with social services and residency orders etc. I can't understand what he is trying to accomplish but he knows my kids mean the world to me and I feel that when he picks them up he isn't going to return them home as arranged. Our kids currently live with me, go to school here etc. How do I go about getting it in writing (legal document) of an agreed time he has them as we are both on their birth certificates. I just don't want him to keep the kids knowing how much it would hurt me not to see them.
Jade 12/03/2016 at 4:25 pm
When i was 7 months pregnant, my boyfriend at the time had attemted to strangle me. Because we were expecting a child together and he told me he would change i was to scared to leave encase he did it again or worse. When my son was 8 weeks old (now 12 weeks) he was sick, my boyfriend started shouting at him and pushed his head back in anger, my little boy could have been seriously injured. I told him straight and he got a mouthful, since then i hesitated to hand my son to his dad. We have recenty split due to him being to agressive and losing his temper too quick. After he has hurt our son i contacted social services and explained why my son was not safe with his dad on his own. (he was demanding to have him on weekends). I was advised to phon the police and get it reported, i did so and was told under no cercumstances do i hand over my son to him. I had previousl found out he was cheating and asking/pestering other girls for sex when they meet. since we split, my little boy has not seen his dad due to him only wanting to have him and not see him when he knew he was not aloud to have him alone. He claims i told him he was not allowed to see his son and is now onabout taking me to court. My ex partner needs help for his anger issues and untill its completed im not willing to let him have my son without it being supervised. A contact centre is what he has been told to sort out. If it gets taken to conatct centre he will play the innocent card when people are watching, but when they decide he is ready i will still know he is not safe. What can i do in order to stop him having him alone untill he has had some sort of anger managment, because his issues with anger are bad.
Nlg15 11/03/2016 at 8:20 pm
Hi
Two days ago I had received an application by my husband for a shared care order.
My husband and I are going through a divorce.
I have suffered emotional, financial and physical abuse from him.
He drinks a lot although I wouldn't say depended, but when he does drink he doesn't know his limits.
I'm feeling quite emotional and as his behaviour is unpredictable I don't want to be any where near him. In the last two weeks Hes text me saying "I'm going to die". " my parents are going to die soon too".
I have become frightened and have to have the front door locked whenever my parents leave the house.
My father has been in touch with his solictor and said when my husband wants to make arrangements to see our son, he can do so by contacting my mother who will meet him nearby.
We were advised by the health visitor it not to be far and in a child friendly environment.
He has text my mother twice in the last 4 weeks and my mother has replied each time. I've seen the texts myself. And his solictor is denying "her client having any response from my mother".

Today I've requested all the accounts and reports I made against my husband so I can take them to the court, however been told it may take 40 days .. So they may not come into.
Can I postpone the hearing because I need these reports for my evidence of why I haven't allowed unsupervised access?
Our son is only 14 months old .. And I don't want him to suffer a 2 hour round journey to see his father, he wil only end up taking him to a pub and "palming him off" .

Have I done anything wrong?
I'm really scared what may happen ??
Chels 11/03/2016 at 4:30 pm
I seen the new law for mothers who stop there child from seeing there father will go to jail I'm just wondering when I was with my son's father he was done on 2 counts of domestic violence towards me and once while I was pregnant can I still go to jail or be taken to court for not letting my son from seeing his dad??
ChildSupportLaws Editor 11/03/2016 at 2:52 pm
You could try taking the issue to Mediation, it means you can try and resolve the issues between you and a third party, if you can resolve the issues yourself. Mediation is the stage before taking it to court. Please see link: Mediation: What is it and is it For Me? here which may help .
Erin 11/03/2016 at 12:22 pm
Hi, me and my partner was together for two years. We have a one year old son and now we've separated he has our son on a weekend and sometimes through the week if he has made plans at the weekend, he works Monday to Friday. He drinks every night, he used to take drugs but I don't want to stop him from having contact with our son as that will make me look bad! I don't know what to do so I'm needing some advice, he won't go to the doctors about his drinking I've have him chance after chance.
He had our son last night and when I went to pick him up this morning there was 12 cans of alcohol on the side he had drank all of them while he had or son! He thinks it's clever, but I don't want my son missing out on seeing his dad, how would I go about him seeing our son through a contact centre?
ChildSupportLaws Editor 11/03/2016 at 10:21 am
You can stop contact, but this would give your ex the opportunity to apply through the courts and any court order granted would be official. While you can apply for a Specific Issue Order against your ex's partner, but you would have to prove why she was not a good influence on your son. Please see link: Specific Issue Orders here. However, before it gets to court, the courts will expect you to have considered Mediation as trying to resolve the issues of your ex not turning up on time, please see link: Mediation: What is it and is it For Me?here. This is probably the best approach for you to try sort these issues out.
Cuddles 10/03/2016 at 6:45 pm
Thank-you for the response it was decided through solicitor and not the courtsive sent my ex 4 messages now and he's failed to respond.so he texted my son and my son started to ask his dad questions about the other night he admitted it and said it wouldn't happen again when he asked another question his response was its my new girl she makes me happy he said that's not fair on me dad my ex replied I'm sorry he said I don't want you with anyone else.why can't we be a family again he said it wouldn't happen.he came off the phone and sobbed then my ex was sorry again so my son told his dad to leave him alone.he is one very mixed up little boy
ChildSupportLaws Editor 10/03/2016 at 12:27 pm
Regardless of what has happened, if you break the court order you will be in breach. The first step in the event of a breach of an order should be to try to discuss this with the other party involved, especially if your son does not wish to see his father. Whilst this can often be awkward when a relationship between you has broken down, this is the quickest and cheapest way to resolve the problem. Sometimes issues such as this can be blown out of proportion and the 'kissing' may have been a few pecks on the cheek, or a bit of tactile flirting. While emotionally upsetting to your son, is not illegal - thereore it is best to first obtain what you consider to be the true facts. Also, the courts will not impose a restriction on whether your ex's new girlfriend can be present during contact unless they can be shown to be a risk to the child's welfare (e.g. someone with convictions for violence or sex offences). In this case I think this would be better sorted out between you and your ex directly while factoring in your son's opinions, or suggest mediation as a way of trying to resolve the issue.
JL 10/03/2016 at 10:33 am
Hi, I split for my ex 5years ago. He has had some on and off contact with my daughter, she is 6 now. He constantly let's her down. He will arrange to come and collect her but cancel 5 minutes before I start work, it seems he is more interested in getting to me than he is being a father. His new partner has been been very abusive towards me and sent threats. Can I stop contact? Also can I stop his new partner from being involved if contact where to be granted through a court. Thanks.
Cuddles 09/03/2016 at 12:42 pm
Hi.I have a 9 yr old son with my ex we split last yr he's gets contact every oother wkend and i was letting him have shared holidays as agreed through solicitor only if there is no issues..he drinks every night and runs a pub but dosent drink when he has his son but this weekend he let his son down with four issues.he has started seeing one of my ex friends but started kissing her in front of my son and a few more issues my son came back absolutely devasted and told me all about it and told me he doesn't want to go back can I put a stop at him going or will it be bad on me.my son has been through enough with his dad asking us to leave our home of ten yrs and the breakup and we've moved away changed his school and got a new place to live..
sophw88 07/03/2016 at 7:17 pm
i have two daughter witb my ex hes hasnt had contact due to domestic violence since 2009. he took me to court and didnt appear so the court through it out and cafcas made a report that he should never be allowed access as hes a danger and it was left as that. im not sure where i stand now and does he have parental rights to the girls
ChildSupportLaws Editor 07/03/2016 at 3:07 pm
You can stop access, although your ex will be allowed to apply through the courts. Since Legal Aid was withdrawn, those who cannot afford legal fees are encourged to self-litigate, so the playing field remains fair and access is not based on financial means.
ChildSupportLaws Editor 07/03/2016 at 2:06 pm
Unless your ex agrees, then I suggest you go through the proper channels, so there are no repercussions. If you apply through Mediation or the courts, now your daughter is 11 her opinion will be taken into consideration. However, if it goes to court, the court will make the decision about what it thinks is in your child's best interest, and that does not always run parallel to what she thinks.
ChildSupportLaws Editor 07/03/2016 at 12:39 pm
You can deny access to your child's father. However, the father will also have a right to apply through mediation or court for access to see his child.
ChildSupportLaws Editor 07/03/2016 at 11:40 am
Is the amount he pays a family-based arrangement, or one set through the CSA/CMS? If it is family-based then you should negotiate what he pays between you and if you don't think he is paying enough from his earnings, then you would have the option to contact the CMS to see how much he should be paying, However, if your ex is not earning and is on a flat rate, then there is not very much you can do here, as child support is based on earnings. At the same time, child maintenance and child access have no bearing on each other, as children are not financial commodities to be used as bartering tools, and it is unfair to restrict your ex's access to your children if he cannot pay through no fault of his own. Surely, if he wants the children more often, then this helps with their day-to-day financial care i.e in shared-care arrangements no child maintenence is paid as each parent contributes to their day-to-day care equally.
Tiredout 07/03/2016 at 6:49 am
HI I divorced my ex a year ago. We have had an informal access agreement in place since then. He was emotionally abusive to me for years which is why we split. I had to call the police recently when he came to my door drunk harassing me and punched the door next to me. Since then I have stopped contact as I don't feel he is a good influence and worry about the children's emotional and physical health. Am I allowed to do this? I don't think he can afford to get a court order for access as he's avoids work to avoid paying maintenance.
Gruff 06/03/2016 at 7:07 pm
Hi I split from my ex about 8-9 yrs ago and we have an 11 yr old daughter. My daughter is continually asking to come live with me as she really hates being with her mother, do I have a legal right to just pick my child up and have her live with me or must I go threw the courts/mediation?. I believe I have pr as she was born August 2004 and I was there to sign birth certificate.
Jade 06/03/2016 at 4:01 pm
Hello, I have a 9 month old baby who hasn't seen his father in 5 months therefore has no idea who he is, can I deny access to him if I do not trust him or think my child is at risk ?? However i m only 17??
Rachel 06/03/2016 at 12:09 am
Hi, I split from my ex 3 years ago, I have 3 children with him he has PR, We've been through court and had everything sorted but didn't have any set days or times set for him to have contact,as they said we should sort it between ourselves, but was given guide lines to follow from the courts and social worker however he is now demanding more contact on his terms on a weekend but pays £8 a week (for all 3 children not each) and refuses to give more, I pay for everything inc activities school trips etc. Do I have the right to turn down his offer to have them more than he already does? Where do I stand with this ?
ChildSupportLaws Editor 04/03/2016 at 2:34 pm
You do have rights to deny overnight access, if you think your child is not being cared for properly. Your ex's option would be to either suggest Mediation or apply through the courts. However, there is no guarantee the courts would grant this, as it depends whether the courts thought it was in your son's best interests.
ChildSupportLaws Editor 04/03/2016 at 12:43 pm
Your only option is to say no. However, your ex will be allowed to take the matter to mediation and then possibly to court (if nothing can be resolved via mediation, or you refuse to attend). Dependent upon the circumstances, the courts do want children to be able to have a relationship with their biological fathers. However, Cafcass will get involved and you will be able to put forward the reasons why you don't think it is a good idea. It will then be up to the court to decide what it thinks is in the best interests of your child.
Kitty95 03/03/2016 at 10:00 pm
Hi, I have 9 month old son and I have broken up with the farther a couple of months ago. I have been good and let the farther of my child see our son when ever he likes but I've noticed recently that he comes home after staying at his dad's all weekend that he smells and isn't in clean clothes, he's hungry, hyperactive and he felt cold. I've asked him not to have the baby over night because of the baby not coming back in the same state that he went in. Do I have rights as a mother to say that he can't have him over night.? I haven't denied full access of him though.
Anna 03/03/2016 at 4:47 pm
Good day I have been separated from my ex for four years now my daughter is 4 and a half and her dad stopped contact 2 and a half years ago. I moved on and have a new partner who my daughter knows and calls as dad. Now my ex has came back and is saying he wants to see her again. I don't want him to have acces as I think this will be confusing and don't think he has the right to walk out and back in after so long. I am scared he may do it again. I know from my time with him he is a drug user. I don't know my rights and what to do.
ChildSupportLaws Editor 02/03/2016 at 11:51 am
If you think your ex is harassing you, then you do have rights, please see Ask Police whichWith regards to your son moving in with him, then your ex would have to apply through the courts if you do not give your consent. However, as your son is now 14, his opinion will be taken into consideration via Cafcass, but this does not mean the court will act upon it. The court will always judge what it thinks is in the best interests of the child. Another avenue to consider may be Mediation, please see link: Mediation: What is it and is it For Me?
Hunter10 01/03/2016 at 5:12 pm
Hello
I have be separated now for over a year and I have 3 children that live at home with me. My ex will not leave me alone he's always texting and calling. He does regular contact with them it's just when he feels like it he refuses to have then over night. Now he's wants my son to move in with him who 14 what can I do
ChildSupportLaws Editor 01/03/2016 at 2:42 pm
I am sorry to hear this. Please see link: When Your Ex-Partner Denies You Access, here. Mediation is generally the first option, therefore you should initially suggest this to your ex. However, if she refuses, then you would have to take the court route.
Paddy 29/02/2016 at 8:13 pm
Hi. I'm divorced with my ex. We have 7 year old daughter. Her mum told me I can't see my daughter anymore without any reason. She told me if I can see my daughter I need go to court. What I should do in this case?
mugen 26/02/2016 at 8:21 pm
Hi,

Just a quick question, I have recently moved house and my ex partner has asked for my address? I have PR and I don't really want to give her my details as her new partner has been abusive via text to me. I have my children every other weekend and holidays.

Thank you for any advise.
ChildSupportLaws Editor 25/02/2016 at 10:42 am
You would have to apply through the courts for a child arrangement order, which will verify with whom a child is to live, spend time and/or otherwise have contact with. If you are concerned about the father snatching your child, then a Prohibited Steps Order can be attached. Both of these orders mean the police will intervene should his father attempt to use his Parental Responsibility rights. Please also see link: What Happens If My Ex Keeps the Children Without My Consent?
ChildSupportLaws Editor 25/02/2016 at 10:00 am
No, you can regulate when the father sees your son if you need some routine in your child's life. Mediation may be the way forward here if you can't agree between yourselves, or your ex is being awkward. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings, such as contact orders, or residence agreements. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. I hope this helps.
Donski 24/02/2016 at 4:26 am
Hi my sons dad hasn't seen him for a year no interest at all but his names on the birth certificate... Is there anything I can do so his dad cnt just walk bck in his life. He is a violent alcoholic suffered yrs of emotional abuse off him. He currently has an harassment order on him for threatening me through email I'm really scared that one day he will snatch my son and I'll never see him again plz help x
shas 24/02/2016 at 12:11 am
Hi I have a six month old baby and have broken up with his dad. His name is on the birth certificate and he wants to take my son when he feels like it. My son is fully breastfed and also have puree food for his dinner. I usually express my breast milk so I can feed my son in public. Is my ex allowed to take my baby out without my permission. Even if I don't express my milk for him to take.
ChildSupportLaws Editor 23/02/2016 at 12:11 pm
If she is feeling threatened and/or her ex is harassing her, then please see Ask the Police link here for more details.
leelee 22/02/2016 at 5:38 pm
My daughter and her ex partner have been seperated for over a year, they have a son together who was born in 2012, in their relationship there was a lot of control from him with my daughter, she has tried to maintain good contact for her son but her ex wants it is way and still trying to control her, she has had threats and verbal abuse from him and his family what can my daughter do can you help
ChildSupportLaws Editor 18/02/2016 at 1:01 pm
You do not have to tell him your address. However, if you deny him contact with the children as a result, he would be allowed to take the matter to court.
Confusedmom 17/02/2016 at 9:48 pm
Hi
I am looking to move house with my 9 year old son and 7 month old daughter. My ex partner who is my daughters father left us when she about 4 months old but keeps knocking my door at unreasonable times of night demanding to see her when she is already in bed. I have offered for him to come round at a more ideal time but he is always busy. He will also sit in his car outside all night watching the house. Any way he is on her birth certificate, i am wondering do i have to tell him my new address? I already feel like a prisoner in my own home and this move will be a fresh start for me, i just dnt want to have to put up with his late night calls and constant surveillance.
ChildSupportLaws Editor 17/02/2016 at 11:02 am
As specified in the article, the best thing you can do for both your children and yourselves is to voluntarily agree to contact and access etc. If you can do this, then you are more likely to maintain a more harmonious relationship for the sake of your children. Additionally, it will prevent you from having to go to court. If you can't agree between you, then Mediation is the next best option, if you refuse Mediation or you fail to come to an agreement through the process, then it will depend on whether your ex decides he wishes to take the matter to court and I'm afraid we cannot predict what a court may decide.
Bez 16/02/2016 at 5:33 pm
Hi
I'm not married to the father of my child and I am worried that he will file for joint custody. Wondered what rights he has?
ChildSupportLaws Editor 16/02/2016 at 12:17 pm
I am sorry to hear this. If your ex has PR, then he is allowed to keep hold of your children. You in turn would have to apply to the courts to have them returned. You could also apply for an interim contact order which allows you to have contact with your children until a full court hearing resolves the matter one way or another.
FM 15/02/2016 at 10:18 pm
Hi
I want to know if my ex husband has the right to take our two sons. He has pr and I recently asked him to keep his son one night I was ill with flu. My other boy was already with him and the eldest I got my father to pick up. As soon as he arrived at my dads he starts accusing me of harming the youngest because he found a bruise on his shoulder.
Just a bit of background, my current partner was driving with our three kids and unwittingly pulled abit of my youngest sons hair. As soon as his dad found this out he phoned social services and now every time he finds any cut or scrape he's reporting it to the school and ss and it's making my life hellish.
Anyways I've said to my ex that basically I don't know anything about the bruise and left it at that.
The following day I went into labour and four days later I was discharged. When I texted him to say I'm getting them from school he starts ranting that I've been letting them be abused all these years. The fact is I've been with someone else for five years now, he's helped me to bring up my boys and paid for more that their own dad ever did.
My ex is really tight and quite often doesn't feed, clothe or care for them properly. This has always been the case But now he's brought further allegations against my current partner and now he's up on a charge of wilful assault on my boy. He's also refusing to return them though he fobs them off all day on his elderly mum.
I want to know where I stand with this. Can he keep them like this without any legal injunction to back this up? I'm desperate to have them back and he's being completely relentless in not allowing me any unsupervised access. I believe this is because he's manipulated my youngest son with the promise that if he gets my current partner out of the way, we might get back together.
Can he keep them like this? Is it legal for him to do so. Social services don't Seem to hear a thing I say, they just look at me as though lying. It's been a living hell since I came out of hospital with my young baby and I can't stop thinking about how unfair it all is. I for one and not very happy with being accused of covering up abuse when it's been me and my partner who have been caring and feeding and clothing my kids all these years with very minimal help from my ex.
Can somebody please Please please tell me where I staff with this???
Thanks in advance.
Distressed in Bristol
Koala 13/02/2016 at 11:02 pm
My boyfriend is on my baby's birth certificate. He has cheated on me and is leaving me. He says he wants our child 3 and a half days a week. He works full time and says he's going to quit his job to have the baby. The baby stays with me 24/7 and has never been away from me. She would be extremely distressed at being away from me, he is being selfish and not thinking of her. I am also breastfeeding her still and she won't sleep without it. I would obviously let him see her all the time, I wouldn't stand in his way. But I believe that it is unfair to the baby to change what she knows to suit his desires to have her. And that she is far too young to be separated from her mother who takes care of all her needs. What can I do. Where do I stand. And does he have the right to take her regardless of whether she will be suffering because of it?
ChildSupportLaws Editor 11/02/2016 at 2:37 pm
The parents of a child have certain responsibilities to care for that him or her which are covered by the legal concept of parental responsibility. A person with Parental Responsibility for a child has the legal duty to protect, house and provide for them. In England, Wales and Northern Ireland the duties towards a child which come with parental responsibility continue until the child is 18. In the case of children between the age of 16 and 18, parental responsibility ends if the child marries. A person with parental responsibility for a child, who fails to look after that child, could be prosecuted for child neglect. Therefore, it is inadvisable that you throw him out. Can you speak with his father directly and ask him to take responsibility?
Jp 11/02/2016 at 3:14 am
Im currently pregnant from my husband and im filing for divorce. What rights will my husband have once the baby is horn if we are divorced by then? I live currently in the same country but thinking to move to where my family lives to help me with the care. I do have a full job and will be entitled to maternity leave. He has bern having an affair for the last half year. Many thanks for your help.
Caring78 09/02/2016 at 6:50 am
I need urgent advice as dad threatening to have child live with him, has PR and his parents babysit every day, while he's at work and away seeing his girlfriend. And weekends and school holidays. His girlfriend maybe babysits while he's at work.
I don't even know his girlfriends surname. Never mind personally. I have cared for my son as a lone parents over 5 months. Since he was a baby . Dad has left him unsupervised for over an hour at night. While he drank at his parents. My son was 2. His mum told me on the phone. She and her husband knew. But I never rang the police.
I had no support at court recently. For my application to vary the order to no over night contact so wasn't able to express alk my concerns esp the above. His solicitor had not sent me fathers statements etc back via email or post. I got them in my solicitors bundle on the morning of court. And wasn't given time to read it. I didn't mention it in court as I was already accuse of controlling contact . Stopping it when I'm only caring . Safeguarding my son.
In October dad was stopped from taking son from school for contact after school at his home, by a phone call to school via me reporting threatening text messages I received from him. Stating that he was going to take him. Nobody was going to stop him. And he'd get me arrested. I was petrified that me or 5th old would be hurt by dad trying to physically get him off me on the way to the school. I can't drive. I was advised to collect my son early from school. My son wasn't upset about not seeing dad. The 3 times I have witnessed him collecting him. My son has been very sad and reluctant to go. Despite me only watching from distance and not commenting about it
Spenner 06/02/2016 at 7:56 am
Hi my daughter has just been diagnosed with postnatal depression. And her boyfriend. Is telling her he is going to take the baby away. She has taken an overdose after what he said only six tablet , thankfully . But just want to know what are her / his rights the baby who is only 3 months wasn't as risk .
becca 05/02/2016 at 9:06 pm
Hi my son is 17 and is being a real handful. I have enough problems of my own and really want him to leave. I dont speak to his father but can i get his father to take responsibility of him? Maybe through a court or social worker? I feel ive raised him single handedly for 17 years and his attitude causes friction in the house that is upsetting my 8 year old. My ex has always been on the birth cert and was present when registering in 1998.
thanks
ChildSupportLaws Editor 05/02/2016 at 12:20 pm
I'm afraid I cannot predict what a court may decide. However, if he is accepted to apply for contact you will be able to confer your worries about this when Cafcass gets involved. It’s their job to interview both parents in the case, as well as the children, and any others who might be needed, which could mean social workers, medical professionals, or even relatives.From the interviews they conduct, the reporter will determine two things: whether there should be contact allowed, and, if so, how much. It’s a measure of how important the Cafcass recommendation is that the court will almost invariably adhere to it. I hope this helps.
ChildSupportLaws Editor 04/02/2016 at 11:48 am
I can only suggest you take legal advice on how to ensure the order is realised once you get to court, especially if you think your ex may try to prevent this happening.
ChildSupportLaws Editor 03/02/2016 at 2:34 pm
He can apply for a Prohibited Steps Order, which is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area with their children. If your ex has PR, you would have to ask his consent regarding the move. However, if he refused, then you would have the option to take the matter either to Mediation or if your ex refuses to attend Mediation, to court. The court will assess whether or not it thinks the move is in the best interests of your children. You would have to build a case why you think it is.
Juan 03/02/2016 at 2:33 pm
My ex wife and I have been divorced for 12 years. My youngest daughter is now 18. The divorce agreement says that the house has to be sold when she is 18. I have a charge on my portion of the house. I have written to her giving her the option to buy me out or the charge will be put into force. She has come back and said that or daughter is going to university in September. This is a pack of lies. My daughter has been working since she was 17 and has 2 GCE's only. A court I believe might say the charge cannot be enforced if they believe her. She still gets child benefit for her as she lies she is still at school. I have reported this but they do nothing. I don't know how to proceed as she is a constant liar, it's gone on for years and I want resolution and to be able to move on. Thanks
ChildSupportLaws Editor 03/02/2016 at 12:16 pm
You can see whether your brother may qualify for free mediation via which
jo 03/02/2016 at 3:25 am
I have been divorced 5 years. I have 2 children with my ex. When we got divorced we both agreed that the children lived with me and their father had regular contact, so we didn't fight for custody. I am wanting to move closer to my family which is 60 miles from their father but am worried that he will cause problems as he doesn't like my family and argues with me about every thing. Can he stop me from moving?
tcha 02/02/2016 at 9:49 pm
Hi, my brother and his partner have a 20 month old son together, they have had an on/off relationship, they argue a lot and she has called the police on him a couple of times due to arguing. Both arguing. At the moment they are split up, my brother has taken all of his belongings from the house on the request of the mother and she also handed over their son for my brother to have for a week. (Literally put him in his car seat and told my brother to take him!) My brother is staying with an aunt and uncle, the mother is now saying that she expected him to stay with me although she didn't state this when I helped my brother move his things out. She is now saying that when she gets their son back my brother won't be able to see him unless it's at a supervised meeting building. Can she do this? They are never going to be able to sort this out amicably so I know that will have to go to mediation, as the mother gets many benefits would this mean that they both should receive free mediation or will my brother have to pay ......he's not working at the moment but hope to start a job next week?
phunter 02/02/2016 at 1:09 pm
My ex wants to move from Dundee, Scotland to Leeds England,roughly 300 miles away, I do not approve of this and have told her so,I have 2 kids with her and 10 and 8,my youngest has autism and learning difficulties and is at a specialist school for this, my oldest is settled and goes to a cheerleader club twice a week,something she loves,as I'm the father do I have any rights
ChildSupportLaws Editor 01/02/2016 at 2:57 pm
While you can stop contact, your ex would also have the option to take the matter to court. Mediation may be another way forward if you felt you needed to get your points across and can't do it directly. Please see link: Mediation: What is it and is it For Me?
Jenny 01/02/2016 at 1:47 pm
Hi, I have a 5 year old daughter and spilt with her dad over 4 years ago, he is on her birth certificate and he does pay each week for her, but my issue is he comes and goes out of her life. he can go 6 months with out seeing her and doesn't ring her or have any other sort of contact. I've told him I'd rather he kept the money for her until she was 16 and cut all contact with him until then. Its not fair on her that he just comes and goes in and out of her life. She refuses to leave my house when he does come to see her, and her behaviour is terrible after she's seem him, she was even waking up with nightmares saying 'Daddy was trying to take me away' When he does come to see her she hides in her wardrobe or under her bed. He's never had a relationship with him and she calls my current partner dad (he's been in her life since she was 17 months old and we have a son together.) There is so much more that's happened but I'd be here all day. Is there a way I can stop contact with him? As it affects my daughter not having consistent contact with him, and I'm sick of forcing a relationship between the two of them. Thanks.
ChildSupportLaws Editor 01/02/2016 at 12:47 pm
I'm afraid I can't advise you on this as we are a UK-based site with knowledge only of UK family law.
ChildSupportLaws Editor 01/02/2016 at 11:50 am
There are no rights either way and it is something to be organised between you, unless a court order is already in place, in which case you would have to comply with it. However, if you can't agree between you, or via Mediation, then if you refuse to let your children stay, your ex would have the option to take it to court and leave it to the courts to decide. You don't say how old your boys are, but if they are older i.e over the age of 11, then their opinions would be taken into consideration. Your only other option would be to apply through the courts for a Specific Issue Order, which are orders sought from the family court to determine a particular matter in connection with the exercise of Parental Responsibility. These orders can cover a wide range of issues that you and your ex-partner cannot agree on such as preventing someone from having contact with your child. As in all cases, the court’s main concern is the welfare of the child/children in question. The court will always put the their best interests first and this main issue will determine the outcome of any application for an order. Applications for a Specific Issue Order are heard before a judge and a representative from Cafcass (Children and Family Court Advisory and Support Services Officer), who is a qualified social worker. I hope this helps.
jono 31/01/2016 at 7:14 pm
My ex girlfriend left our daughter with me almost 4 years ago, she is now 7. I am remarried have the most awesome 2 step children and my wife and I had a son just over a year ago. We a very close family, we stable, settled and enjoy a lovely life in Cape Town. My ex girldfriend is now calling again demanding all kinds of things, has threatened to take Amy away from us and my wife and kids are pertrified. Is there any way after I have been her soul carer and provider all these years have my little girl taken away from me and her siblings?
Suzie 31/01/2016 at 1:47 pm
My ex husband was having an affair and left the family home last July. He is still with the woman and are moving in together next month. We have 2 boys together who live with me. They stay with their dad every other weekend and every Monday. My two boys really don't like their dads girlfriend and doesn't want to stay over anymore because she is there. When he moves into her house next month, can I stop my boys staying over at her house? They want to see their dad and I try and encourage that because he is their dad but what is their rights on sleeping over if they don't want to and especially at the girlfriends house?
a 30/01/2016 at 4:35 pm
Hi I'm after a bit of advice regarding my daughter she has recently split from her boyfriend they sorted access out between the for my 18 mth old grandson he spend 2 nights a week with his father and the rest with his mother (my daughter). It hasn't been completely amicable as her ex threatens her with alsorts if he doesn't get his own way (been a few problems with possessions in the house) one of these threats which is becoming a regular one is that he will not let her have her son back after his contact is up. He is at the moment living with his father who I have been able to talk to and sort a few things out and he has been able to reason with him but he is moving into his own place next week and my daughter is worries he may actually carry out his threat of keeping him if she doesn't agree to anymore of his demands is there anything you can recommend we can do to prevent this happening or what can we do if he decides to do it
Kel 30/01/2016 at 4:16 pm
My ex and I talk if it's concerning our son, he is now 15, so sorts out when he sees his dad himself.
2 years ago it was found out that our son was smoking pot, he was caught with it at school, at the time my own mother was under going treatment for cancer so my sons father demanded he took our son for 6 weeks or longer if he needed it to get him away from the people he got involved with. I agreed bur after 2 weeks was missing my son and demanded him back. 6 months later I found drugs again, I grounded my son and suggested to his dad that I thought he was on drugs before this and to keep a eye on him, but his dad went straight to him and said your mum thinks your taking drugs again, of course my son denied it and his father be lived him. So this time I grounded him and he begged me not to tell his father.... so I didn't. I don't give him any money at all, although his father's side of the family do. I have pretty good evidence that he is on drugs again and even the school called me cos they thought he was on something. My son denies it and I am going to order a drugs test to see if his pot use has progressed to other drugs. My worry is, if I tell his father this time, he will take him away from me, as he will believe it's all my fault and I am not doing enough as his mother. Can he do this to me?
ChildSupportLaws Editor 28/01/2016 at 2:25 pm
I am sorry to hear this and really this is beyond our remit to advise. If you confront your ex, then you could be accused of slander as it is a very sensitive area. If your niece does not wish to report this, then there is little you can do on her behalf. One option would be to refuse to let your ex take your son and not give a reason why. However, this would allow your ex to take the matter to court, and of course Cafcass would want reasons why access was being stopped. Also presumably your son would wish to know why he was prevented from going away on a pre-arranged trip with his father. If you seek advice from a solicitor, then this would be with a view of the eventuality of it going to court. It is a very tricky situation, and can see you are very much between a rock and a hard place. It is a situation where really only your natural instincts can advise.
ChildSupportLaws Editor 28/01/2016 at 11:21 am
As the primary carer, you have more rights than your ex in the decision making process. If your ex is making your life miserable over these disagreements you could try mediation. Please see link: Mediation: What is it and is it For Me? here . You do not have to agree with anything you do not wish to, but the mediator will try to facilitate an arrangement that suits you both.
ChildSupportLaws Editor 27/01/2016 at 2:55 pm
It is highly unlikely you will lose your little girl - the courts will not remove a child (who has an established and consistent home life) from a resident-parent unless absolutely necessary. However, on the other side of the coin, unfortunately you cannot force your ex to see his child if he doesn not want to be involved in her life.
Suggie 27/01/2016 at 2:27 pm
hi, my ex boyfriend who works 4/5 days a week has our kids 15 years and 9 years 3 days a week and I work 2 days and have them 4 days a week. My ex used to have them 1/2 days a week for last 5 years. I agreed to his demand of wanting them 3 times a week but now is demanding more.
He recently moved in with his new girlfriend and says he's in a position to have them every day if he wants. He works 4/5 days and wants his new girlfriend to care for them when he's at work, even though I'm at home to care for them. I've been constantly harassed about this through texts and phone calls. He can't understand my side when I want to take of them whilst he is at work. He's simply wanting them more so that he dosnt have to pay a penny child maintenance. What are my rights? As he keeps telling me I haven't got any rights. Please help as it's making me ill the thought of him taking them away from me.
ChildSupportLaws Editor 27/01/2016 at 12:55 pm
I'm afraid we cannot answer your question if you are from the US, as we are a UK-based service with knowledge of UK family law only.
Dotty 27/01/2016 at 9:56 am
Hi, I was wondering if you could help with my current situation. My ex partner is on our 3 year old birth certificate. Before splitting up with him our plan was to move away from North East to Cumbria. After splitting up I still went ahead with this and took our daughter with me. It's a 2 hour drive from where he lives to where I live. We have lived here 2.5 years now. He was consistent in the beginning at seeing her and I would also take her through to see him. Now she has started school it's difficult for me to take her due to term times. He only phones when he feels like it and sees her whenever he can be bothered now which is confusing for her. I told him I wanted a parental agreement to be written up and he said instead he will take me to court and they will make me move back to Newcastle and if not take my daughter away to live with him full time. She is settled and happy here as well as my 11 year old daughter. What are my chances of losing my little girl? :(
October 27/01/2016 at 12:23 am
Hello really need to know if my bf can take our daughter away from Mme. Yes he is in the birth certificate and yes she has the same name but we are not married. We have been having way to many problems lately, so he threatened to take my child away. He said all he had to do is bring up my past cases from yes ago witch are now closed. We both have things in the past that can potentially hurt us both in the end. Mine is unfortunately two cases CPS from when I was homeless. But I do have her here with me happy and very healthy, by the grace of God! He on the other hand I believe has a history of anger and misdemeanors other things but no felony charge that I know of He has kept me home with her since her birth and then times I have worked he's cut me short on them. He has kept a roof over are head, but I am the one always with here and reminding him what we have to get. So is he capable of keeping my daughter?
ChildSupportLaws Editor 26/01/2016 at 12:46 pm
It is a tricky situation as if your ex has parental responsibility and he refuses to give your children back once you have your life sorted out, then you would have to take the matter to court. The courts would then have to assess whether this was in your children's best interests to remain with him or move back with you. Your son age 12, will also be old enough to be asked his opinion on where he would like to live. If the children have established school lives etc and you, for instance, wish to move them to another school, then the courts may view this too disruptive and rule for them to remain with your ex. There are quite a few permutations here and much depends on how your ex responds when you ask for your children to return, i.e he may be amicable and it won't be an issue. Should you be concerned, you may be able to sort the issue out via Mediation and write up a plan for the future which would stand up in court. However, any arrangement agreed in Mediation is not official, so you will have to also keep this in mind if you decide to take this route. I'm not sure this has answered your question, but I hope it helps makes the situation a little clearer.
xgirl76 25/01/2016 at 10:10 pm
Need advice my partner and I haven't got on for years and have decided that he has informal temporary custody while I sort my life out ie gain secure accommodation and appropriate working hours as im working late and early morning shifts. I'm worried that he'd stop me from getting them back once this is all sorted and uses my anxiety and depression against me. What rights has he regarding this I have a boy 12 who has a close bond with him and girl 6 who has a close bond with both.
Kezie 25/01/2016 at 7:44 pm
Hi
I would like some advice, I split from my partner and he wants shared custody which is fine but I'm lucky he haves him once a week and it seems like I have to chase him to see his son. I am on benefits and he told me that I should apply to court for him to have shared custody? Can I do this
ChildSupportLaws Editor 25/01/2016 at 2:00 pm
You could apply for a Child Arrangement Order, which would make it official who your daughter lives with. However, while you have a consensual arrangement with your ex, then you may not rock the boat. Therefore alternatively you could continue with the informal arrangement and if your ex decided that at any point she wanted your daughter back, then you could take it to court at which time your daughter would be firmly established in her school and the courts may not wish to uproot her. Also, once your daughter is 11, the courts will also take into consideration where she wants to live. I hope this helps.
ChildSupportLaws Editor 25/01/2016 at 1:51 pm
You can apply for a Prohibited Steps Order. A PSO is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area with their children. We have all heard the stories of a parent taking their child for the weekend and not returning them or going abroad with them and it becoming extremely difficult for the other parent to get their child back. Thankfully, this is one of the scenarios that a PSO seeks to prevent. Alternatively, you can also apply for a Child Arrangement Order which decides who your child officially lives with, It means if your ex attempted to keep your son, the police would be able to get involved and bring him home.
lostmumma 24/01/2016 at 10:03 pm
The birth father of my son is on the birth certificate but we have been separated since my son was 4 months. I am now married and the man I married has been caring for my son both emotionally and financially since I split from my sons father (we were good friends for 10 years before). Now I have made nothing but effort for my son to have a relationship with his bio dad but he keeps saying 'hes my son so this is what's happening' and making stupid demands. He has never looked after him alone a day in his life (literally) as he I'd always carting him around friends and family when he does have him (trophy child) and he had him for the first time on Thursday and Friday for a few hours each day (his choice) and my son has now been violently ill since Saturday. Every time he has him my son always comes back sick or injured he has even come back and been doctor diagnosed with dehydration and exhaustion after three days. I can't put my son through this any more. Is there anything I can do to stop this, I feel for my son, he has just turned three and he is in Si much pain....what do I do.
dad 24/01/2016 at 7:08 pm
My 10 yr old daughter has come to live with me as she and her mother had not been getting along for a long time. She came to live with me by mutual agreement with her mum as my daughter said she wanted to live with me. She had to move schools as we live around 20 miles apart and is now happier and doing better at school. I am named on her birth certificate so have i got PR?. Also where do i stand if her mum decides to take her back as i feel this would disrupt her life further after handing her over to me.
mummy 24/01/2016 at 6:34 pm
I have recently left my partner due to domestic violence he now wants his son and claims once he gets him he will never give him back to me ( birth mum ) I have evidence he's taking drugs and hardly ever goes to work also proof of the dv I would like him to see his son but how can I what can I do to make sure he never takes my son but still has a relationship with him?
ChildSupportLaws Editor 21/01/2016 at 1:56 pm
If you name your boyfriend as the father, he will have Parental Responsibility which will give him more rights over the welfare of your child. However, if you do not put his name on the birth certificate he could take the matter to court and apply for a Parental Responsibility Order.
ChildSupportLaws Editor 21/01/2016 at 10:13 am
Even though his name is not on the birth certificate, he will have the option to take it to court if he wishes to establish whether he is the father or not. If you have named him as the father for the reason of child support, then he can ask the courts to ask you to provide a DNA sample in order to prove his paternity. If you get an order from the courts to attend court, you must attend court as the court could make judgements in your absence.
Sazzle 21/01/2016 at 7:00 am
Hi - my Bf wants our baby to have the same surname as him and not have mine. He wants to be on the birth certificate otherwise he wants nothing to do with the baby. Does him and the baby having the same surname to me give him more rights? Thanks
crazychic 20/01/2016 at 11:13 am
I got pregnant by my bf and as soon as he found out he wanted me to terminate and I wouldn't so he threatened to harm me and my pregnancy if I carried on. Then his family started sending me threatening messages saying if they see me they will kill me and my baby n hope we both die in child birth.He told everyone at work that he his not the father and that I slept around or that I had miscarried due to drink n drugs WHICH I DO NEITHER OF. Obviously I left him n never spoke to him again but now a year on he has sent a court order that's not in my name asking for certification that he his the father he his not on the birth certificate I've had nothing to do we him since my son was born so can I ignore this letter as like I say he's not even got my last name correct that's my grandparents name (but please don't state this)
ChildSupportLaws Editor 20/01/2016 at 10:29 am
It is highly unlikely your ex would be granted care of your children through a court of law, especially if he has a previous record of domestic abuse.
leelee 19/01/2016 at 9:38 am
Hi .
Just wanted to now we're I stand if my ex was to apply for kids
I have gone through really bad domestic abuse .. he was charged by criwn court n got suspended sentence restraining order community service n courses.
I now he will at some point to try not fir the kuds but to get bk at me . He is on one birth certificate but police advise me to change child lady name which has been done to how bad it got . My other child I gave birth n he wasn't around .
I'm scared n living my life in hiding but still want to now he can never have them for there safety. He pays on off chance through csa but not correctly n with a huge outstanding debt . His once broke bail. N very good at getting away with things . Please help.
Kay002 18/01/2016 at 10:33 pm
Hi, my husbands ex has just left their daughter at his sisters house with a note saying that she is washing her hands of her and she is now our responsibility. His sister can't look after her so we are going to collect her. He has been paying over £400 maintenance a month for 5 years, but has been denied any contact, and as she was born 2002 he doesn't have parental responsibility. We live in a 1 bed flat and have no way of getting her to school. We would consider moving if this was a permanent thing but I can imagine she will change her mind. Can she legally leave their daughter with us without warning?
Geoffrey 14/01/2016 at 5:50 pm
Hi me and my ex have had a 5 month baby boy, we can't talk ATM cause she put an restraining order on me for a year, and I am getting worried cause I need access to my son to see if he's okay need to know that he is safe and sound, I've got no help what so ever, it's torturing me everyday that I don't know how my son is and getting worried cause I heard that she is moving out of nottingjam really need advice please
ChildSupportLaws Editor 11/01/2016 at 1:57 pm
The court will decide what is in the best interests of your daughter. In the meantime, Mediation will be suggested by the courts to see if you can sort it out that way, if you refuse (as it is a voluntary process) then Cafcass will get involved and you will be able to explain your side of your reasoning as your ex will be able to explain his, before it is heard before the courts. I hope this helps.
Mommyb 10/01/2016 at 1:06 pm
Need some advice. Me and my ex broke up 4 years ago an we have a child who is nearly 5 when we split we had an arrangement that he would have her every Saturday one weekend over night the other not. He could never stick to it an always let her down now it's at the point that in the last year his properly seen her a handful of times my daughter is gettin to the stage where she is understanding what is happening and noes that her dad has let her down and to the point she's asking me who her daddy's is after not seeing her for around 7 months on his choice may I add. His mom messaged me 5 weeks ago asking if her dad could see her to which my reply was only if his going to be in her life regularly and not just coming in and out when it suits him. And then we arranged every Saturday he will see her which was his choice of day but with me not to be involved with him and his mom or other family members drop an pick her up. So I let him have her Then the following week they picked her up an when she returned she mentioned on her own free will that she didn't get to see daddy. To which I brought up to his mother then anyway me wanting the best for my daughter I let him have another chance to which the next week he didn't get in contact the Saturday his mom rang on the Sunday to which again I let them have her and now last week he didn't get in touch or bother so now I've completely stopped him seeing her I've said that the rest of the family can still be involved but not him his mother is now treating to take me to court have I got a chance in court of stopping his for seeing my daughter also believe he is using cocaine
ChildSupportLaws Editor 08/01/2016 at 12:56 pm
There is no law to say you have to give your address to your ex.
ChildSupportLaws Editor 08/01/2016 at 10:21 am
If you can't agree over these issues yourself, the first port of call should be mediation, Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings, contact orders or residence agreements. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach an agreement that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. The court will have preferred clients to go through the mediation before the matter reaches them. The primary reason is that mediation is an opportunity to come to a mutually agreed decision, one that you can take ownership of and want to ensure works. If you refuse to attend mediation, then your ex will be able to approach the courts. Unfortunatley, we cannont predict what a court may decide. I hope this helps.
L 07/01/2016 at 8:40 pm
Hi there.
My ex has stopped me from seeing my children for no reason other than she can! I pay maintenance, see them twice a week and had them over Christmas. They had been at mine and my gf's residence numerous times prior to the recent events.
Up until now, she has never asked for my new address but having arranged a family holiday with my gf's family and jealousy and malice kicking in, she has stopped contact until I agree to her demands of certain dates. She told me that as I have to discuss these dates with work and my current gf, she feels my duties as a father aren't being taken seriously by myself?!?
Due to previous issues, her family's "dealings" and my gf having young children, I do not wish to disclose my address. I have updated all doctor/school emergency numbers etc.
Is there a law stating that I HAVE to give my details over? She has all telephone numbers (4 of which in emergency you call first!)
Please advise.
ChildSupportLaws Editor 07/01/2016 at 10:52 am
In addition to the information laid out in the article, if your ex applies through the court, the court will suggest mediation first to see if you can sort out the situation between you. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings, i.e for contact orders. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach an decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. However, if you cannot come to an agreement then your ex would have the opportunity to take the matter to court and the court will make the decision about what it thinks is in your daughter's best interests. I hope this helps.
Sarah 06/01/2016 at 9:36 pm
Hey, me and my ex partner spilt up in 2012, we have a daughter together who is now 3 years old. I've never asked for any money of him since we spilt. He has a new girlfriend and a daughter but is now threatening to take me to court every time we have a disagreement. He tried to take me to mediation but I didn't have the money to pay for the sessions, he is now saying that if he was to go to court, mediation said that I was rude on the phone and un-cooperative with them so they would rule week by week custody at a time. I'm afraid to say anything to them in case they were granted this from the court! Our latest disagreement is over him not paying her nursery fees for the last 12 months which were £16 a week; this has got me into arrears of over £300 which I can't afford. He's refusing to pay for this which I have said he's got to pay; if he's pays for it then he's taking me to court! He has our daughter two nights one week and three another, these are days that he has organisedT and have been the same for the last two years! his is great for our daughter as she is very close to me!
Majority of the time her dad is at work and the new girlfriend is with my daughter! This happens because they black mail me with taking me to court!
The question really is can her dad get granted week by week shared custody even though he sees her on his terms?
Juniper 06/01/2016 at 1:07 pm
My ex partner has demanded to start seeing our 5 year old daughter she hasn't seen him since she was 2 .he's never sent cards or had any contact via phone written or in person until the Christmas just gone whereupon he sent a few presents for her. However my daughter is refusing to see him she keeps crying and saying no so I suggested I tag along too but she point blank refuses and says she doesn't want anything to do with him so he's seeking advice from a solicitor Monday he's on the birth certificate bit what happens if our daughter still doesn't want to see him would the court rule that she does have to see him ?
ChildSupportLaws Editor 05/01/2016 at 12:29 pm
You would have to apply through the courts for a Specific Issue Order. Specific Issue Orders, much like the name suggests, are orders sought from the family court to determine a particular matter in connection with the exercise of Parental Responsibility. These orders can cover a wide range of issues that you partner and your ex-partner cannot agree on, such as taking the children abroad.
As in all cases, the court’s main concern is the welfare of the children in question. The court will always put the children’s best interests first and this main issue will determine the outcome of any application for an order. I hope this helps.
Jay-s 04/01/2016 at 10:48 pm
My partner has two children from a previous relationship. A few years ago she decided to move four hours away because her new partner wanted to (without informing my partner) my partner tracked her down and took her to court for access which was granted. Once a month he would drive an ,8 hour round trip to have the children for weekends or longer in holidays. The children have been begging to live with us ages 7 and 9 and 5 months ago they're mother said they could (actually packing they're bags for them) they are now at new schools and are very happy. She has barely contacted them not sending either of them birthday or Christmas presents. Now we've decided we would like to take them on holiday abroad but the children's mother is saying we can't as legally the kids should still be with her (she has not once asked for their return since they've been here) what should my partner do? I wouldn't mind if she bothered with them. She's got five other children at home.
mona 02/01/2016 at 8:09 am
I am muslim women. I live in the U.K. 1,5 years ago. I have a muslim marriage and we have a 6 month old baby. My muslim husband has a legal British marriage but the women is much older as he. The legal wife can not give him child she has not good brain and she want that my husband take home my child. She put my child picture everywhere to her website. My husband live with her and he not pay me any money. The legal wife told me that the father has right to allow that who can show his child. I am alone with the baby, i allow that his father see the baby and he is with us 2 days a week. I want to know how can i stop the legal wife that she never can touch my child? She is disability she has problem with her brain, sometime cut herself, or take lots of medical after sit the car and go. I am worry that if she touch my baby she will to make some wrong with my son. My muslim husband does not want divorce with her. What i doing?
Rachel 31/12/2015 at 3:05 pm
Hi, I have two children with my ex partner, we split up three years ago as he was abusive and was arrested for assaulting me although I didn't press charges as I didn't want to go to court so I decided after thinking long and hard and because my children's dad doesn't do anything for them to move up north and be with my family. My ex pays for his children but when they go and see him (this could be once a month sometimes they don't see him for months) he leaves them with his Mum and takes them to the pub, which I hate. My son who's four also came home with an empty bag of weed in his pocket but because I threw it away and obviously questioned him and his mum about it I had no proof and they said he picked it up from the park. I know my ex does drugs, this is another reason why we split up and he drinks heavily. Anyway they've gone down there to see him for a few days but my daughter said she's only seen him once as he's been looking after his friends dog and when they did see him he was in the pub. I've tried and tried to get him to be a better dad, to call more and to see the children more but he hasn't listened. I also meet his Mum at a train station so they can see him, I meet half way, so I legally have to do this as its costs me £100 every time and I can't afford it anymore? I want to stop access as he's just no good for them and he's also very abusive verbally every time we speak but I want to know if he has rights, he had PR. He also have a long criminal record, mainly for drugs and I just don't want my children around him anymore.
m 30/12/2015 at 10:47 pm
My son is 13 and his father is planning to take him to live with him without my permission. He does not have parental responsibility and pays no maintainance. He has completely brain washed my son. I have contacted the police but they can do nothing til the incident occurs and social services don't give a damn. Help please
deb 28/12/2015 at 6:37 pm
Me and my husband have split up we have 2 children together one 14 and one 11 however my ex has moved into a shared flat but there is drugs and different women around my children I have tried to speak to my ex about this but he wont stop my children dont like going but the only way to stop him havin my children in this enviromentt is to stop him havin contact untill he stops this behaviour but he is being quiet nasty about this can I take him to court ?
Regismith 26/12/2015 at 1:34 pm
My boyfriend just found out his ex iis pregnant. She is threatening that if he does not get back together with her he will not be allowed to see the baby. The child is not born yet but he is being manipulated into this. Is there anything he can do legally Now to insure the courts see he was not in a relationship with her for the past couple of months so that with the baby is born they can't deny him custody and access? Is there any type of law he can use against manipulation?
ChildSupportLaws Editor 23/12/2015 at 10:13 am
Child maintenance and child access are two separate issues, as in your ex is still responsible for paying child maintenance regardless of whether he sees your child or not, therefore while he may not be answering the phone or mail, he will be in accruing arrears through the CMS.You don't say whether the access was agreed in a family-based arrangement or via the courts. If family based then if your son is really upset, you can either go through mediation to resolve the issue if you can't agree between you, or you can stop access. However, your ex will be able to apply through the courts for a contact order and Cafcass will then become involved. Whenever parents can’t agree over an application for a Contact Order, they will compile a report on the family; both parents and children. The document they produce carries a great deal of weight with the family court. From the interviews they conduct, the reporter will determine two things: whether there should be contact allowed, and, if so, how much. However, if you are bound to the court order, if you stop access you will be in breach and your ex can take this back to court to have the order enforced. Again Cafcass may become involved and you will have to be able to justify your reasons for stopping contact. I hope this helps.
Gina 22/12/2015 at 1:47 pm
Hi. My son is 5 and me and his dad split when he was about 18months, he's never really payed child maintenance only when I said to him it was a normal thing for dads to do seen as he still see's him. He then started paying very little but I accepted as it was a start. It took 3 months til he started deducted money from the agreed amount then stopped altogether as he claimed that he payed for our sons stuff when he him. He only has him once one week after school until 7ish and every other Saturday night from 6:30 until Sunday 7:30 (if he can be bothered!) I took the case to Child maintenance service (CMS) and it was agreed a certain amount a month and he's failed twice (on the first 2 payments) it has now gone to collect and pay with CMS but my sons dad won't answer the phone to them or respond to letters that have been sent to him. My son cries and pleads with me that he doesn't want to go to daddy's and he wants to stay with me and it came to Saturday just gone when he was due to go to his dad's that he cried so much then soiled himself because he didn't want to go. What grounds do I have to stop him seeing my son altogether because it's getting to a point where it is becoming stressful for him and its a lot to take in at 5. Any advice you've got would be most appreciated.
foxy 22/12/2015 at 11:25 am
My ex an me split up 3 yrs ago but still remained friends for our daughters sake , he has pr as on birth certificate , we split threw dv an it has continued since split he is currently on bail for hitting me again , my question is , he is in another relationship and I dnt want my daughter round this women as since Dec last yr there has been 5 women in an out his life an dnt think it's he stability for my daughter but he's not havin any of it an took my daughter to hers have I got any power to stop this women been in my daughters life my daughter is 5 an has told me she don't like her but dad thinks I'm putting stuff into our daughters head I'm just concerned as she thinks this women is taking her daddy away ( she has 2 kids from previous relationship). Plz help
Hermione 20/12/2015 at 10:42 pm
My ex and I split up about 18 months ago. We have 3 children and were married so he does have parental responsibility. He's shown very little interest in the children since walking out and has recently moved around 200 miles away from us. He has asked to have the children to stay, which is fine, but is getting aggressive because he wants them for Christmas and I've said no. He's a very unreasonable person and I wouldn't put it past him to take the children and refuse to give them back, just to hurt me. Is there anything I can do to prevent this from happening?
vee 19/12/2015 at 8:43 am
I am thinking about stopping my 2 sons seeing there dad as he is damaging them.
He as pr. He cheated on me and ran off with her but as been flitting in and out of mine and my son's life's for the past 4 years. We have just had another split as he made promises to me and my son's he was coming home for good and then I find out he is still with the woman he cheated on me with. Mine and children's heads are everywhere and 1 of my son's is very aggressive towards me and there behaviour at the moment is terrible. Ex slags me off to them too
ChildSupportLaws Editor 16/12/2015 at 12:57 pm
Usually, it is aged 11 when children's advice is asked regarding their preferences from the likes of Cafcass. However, despite the child's preferences the court would have to decide whether it is in the child's best interests to be moved from one parent's care to another. Quite often just because the child has this preference, it is not always what the court decides is the best solution. Regarding school reports and concerts etc, it is probably best your husband takes this up directly with the head.
Rebecca 15/12/2015 at 7:16 pm
Hi my husband has two children from a previous relationship he has parental responsibility as he is on the birth certificate , regarding access for his two children it has been back and forth to court and it was agreed we have shared holidays and have them every other weekend. I was just wondering where does he stand regarding school concerts, school reports etc? Can he go to the head master directly and get things sent to him? Or does it have to be done through his childrens mother? (My husband's ex partner). Also his son has said he wants to live with us? How old does he have to be until he can make this decision? thankyou , hope you can help
ChildSupportLaws Editor 15/12/2015 at 10:32 am
I think the best approach in this kind of situation is mediation. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings, Contact Orders, residence agreements and divorce. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach an agreement that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. You also do not have to see the mediator at the same time as your ex, which means you can negotiate from a distance. See link: Mediation: What is it and is it For Me? here. I hope this helps.
ChildSupportLaws Editor 14/12/2015 at 2:10 pm
If he has parental responsibility you can ask him to stop doing this, but he does not have to take your advice. Your only course of action if he does not consent to this, would be to seek mediation if you can't solve the issue between you, or take the issue to court for a Specific Issue Order. You would have to be able to prove why it was not in your child's best interests to be around his other children. There is no guarantee the court will grant the order, but if you feel strongly about it, it would be worth a try.
Smith 14/12/2015 at 1:46 pm
My partner has a child who he has on a Wednesday after school until Thursday and then Saturday until Sunday. However the mother of the child is threatening court to get this in writing and because now she has a new job this doesnt suit her hours. However the child is 7 and this has been the set hours for these years, We take the child on holiday or for days out every chance we get . How would we go about receiving advise and if we went to court could we receive more custody for term time as well as when it isn't term time.
ChildSupportLaws Editor 14/12/2015 at 12:57 pm
I am sorry to hear this. If your ex-partner says he’s not going to let you have any contact with your child, it can be one of the most distressing things that can happen to you. Your first step should be to send a registered letter to your ex-partner in which you ask him to reinstate contact between you and your son, and stating that if he does not do so, you’ll have to resort to legal action. Don't forget to take a copy of the letter for your records and keep your proof of sending. If this produces no action, you have no alternative but to go to court and ask for an Interim Contact Order. It is always best to try to reach an agreement without having to go to court (i.e through mediation) but, if that is not possible, an application can be made to the court. To apply to the court for a Contact Order form C100 should be used. If the court awards you an access order your ex will have to abide by this, otherwise he will be in breach of the order. However, you don't say whether any previous agreement for you to see your son was made through the courts, if it was, then he will be in breach and you can take it back to court to apply for the access order to be enforced. I hope this helps.
Confusedmum 13/12/2015 at 8:50 am
Hello I was hoping that I might be able to get some advice.
My partner has left me and we have a 9 month old baby together and I am pregnant with our second baby together.
I won't stop him seeing our son but I don't want him to have our son when he has his other children from his previous relationship. What are my rights on this?
K 12/12/2015 at 1:04 pm
Iv recently stopped my daughter seeing her dad as the agreement was that when he saw our daughter it was also in the care of his mum as my daughters dad is a manic deressive and used steriods and also dont now how to care for our daughter alone as he would not know when she would want feeding, he lets her run round and dont watch her etc. Iv recently become aware that this agreement was not kept to on his part. His mum comes to fetch my daughter then drops her round at his house and then picks her up when its time for her to come home. I started to get inclings of this when my daughter started coming home hungry and with a saturated nappy and with flea bites over her body. Himself and his girlfriend have been really aggressive over the phone before I stopped contact. He threatened to stop seeing our daughter before I stopped access anyway and now that I have done so hes threatening to take me to court. Iv never wanted it to come to this as I wanted my daughter to grow up with parents that can get along for her. When he had my daughter I always made plans round him and the time. His mum can text me on a monday asking to collect my daughter on the Wednesday and this has always been on his terms. His time to have our daughter started off being 9-5 then slowly its started to dewindle down now its 10 - 4. I just wanted to ask if anyone knew were I stand as to the contact with my daughter. His name is on her birth certificate. I really want to do whats right for our daughter. Iv also stopped him from coming to collect our daughter due to him intimidating me and following me around were I live. He lives about 10 miles away. If anyone can give me their advise, I would be so grateful. Thankyou
nicky 12/12/2015 at 8:53 am
hi I would like to ask what can I do if my ex I was not married to him is being unfer to me when I can see my son he life's with he's father but I do have my rights to still see my son evry second weekend and holidays now my son's father thinks he has all the say when I see my son what can I do please help me
ChildSupportLaws Editor 11/12/2015 at 11:20 am
You would have to take this matter to court. Please see link: When Your Ex-Partner Denies You Access, here and go through the process laid out in the article. Our Separated Dads Facebook page may also help you as many dads have been through or are going through the same sort of issues and can offer some good advice.
s87 10/12/2015 at 7:53 pm
Need advice on what to do, my sons mum has stopped my son from staying over at weekends now I only see him on Saturdays between 6-8 hours and won't let me have him on Sundays, av been through mediation but she stopped answering there calls letters and never showed up for the meetings, my son really wants to stay over night and started asking questions I really don't know what to do my name is also on the birth certificate
ChildSupportLaws Editor 09/12/2015 at 2:46 pm
Unless his ex's parents have been awarded official care of the child either through the courts or via Social Services, then they have no rights. If they have been awarded residency, then you friend would have to take it to court. If she can't afford the legal fees, she can self-litigate
ChildSupportLaws Editor 09/12/2015 at 12:02 pm
It's never a good idea to take the law into your own hands like this, as it can backfire. If you have Parental Responsibility, then you are allowed to care for your child without the police getting involved. However, the courts do not take kindly when the non-resident parent takes the child from the resident parent without consent. Therefore, while you may have short term gain from taking your son away from his mother, the long term gain may backfire once it goes to court. I suggest if you wish to apply to look after your son, you do this legitimately through the courts.
Jackson 08/12/2015 at 9:48 pm
My friend is stugeling her ex's parent took her son of 3 to take care of him till she gets back on her feet she is back on her feet now with a good job but they still wont give him back her ex is also not the father of the boy the father has passed away please help me to help her
AA 08/12/2015 at 12:02 pm
If I think my son is not being looked after probely my his mother can I kept him at mine ? as she has taken him away from his family home where my son was happy living with his mother and his nanny to go and live with her new boyfriend but its the way she did it she just went and took him with none of his stuff and toys what he used to and me and my family and the mothers family are all worried for him to be taken to a strange house and is he being looked after ok by this new boyfriend
ChildSupportLaws Editor 07/12/2015 at 2:03 pm
If you have been awarded a residence order, then the police can get involved. Otherwise you would have to seek legal advice asap.
ChildSupportLaws Editor 07/12/2015 at 12:03 pm
I am sorry to hear this. I can only suggest you see if he will attend mediation if you can't sort the situation out between you both. Please see link: Mediation: What is it and is it For Me?
ashley 06/12/2015 at 7:38 pm
hi i would like to find out what can i do to gain full custody of my daughter (4months old) and cut her fathers contact with her completly? my daughter is on child protection plan because of my ex partner and hes not helping me financially or emotionaly all he does is drinks and threatens me with having my daughter taken off me if i dont let him see her when it suits him, its really stressing and and i want him out of my life completely for my daughters good he hasnt done anything for her spends all hes money on drink and then tries to borrow mine and my daughters money , what can i do and what chances have i got against him ?
Aro 05/12/2015 at 10:32 pm
Please help im trying to get my son bak from his father he has been in my care since birth after a big dispute on the weekend he wont give him bak unless I go to court.is there another way where I can get him bak before I start my application to the family courts
miss_de_vere 04/12/2015 at 10:38 pm
My husband and I split when our son was 1. He is now 4. At first we split every weekend until he met his new partner and moved just 20 minutes away. He said it was too much travelling so changed it to every other weekend for the whole weekend. His partner fell pregnant and since then (their baby is now 1) he has cut the time down further, on average 1 night every 2-3 weeks. His excuses range from Manchester United are playing at home, his girlfriend has to work/study so he can't have our son, or he just says "that doesn't suit our plans". I have tried countless times to reason with him. Since we split up i have bent over backwards to accommodate them and their plans but now it's getting to a point where I think he just cannot be bothered. Where do I stand legally? I don't want to FORCE him to spend time with our son incase he starts to resent him but he messes me and our son about constantly. Is there a way to get a set routine in place that he can't just change at the last moment because he has made other plans?
ChildSupportLaws Editor 04/12/2015 at 2:35 pm
It depends whether you have a family-based arrangement or one through the CSA/CMS. If family based, then you should negotiate payment between you. If you are paying CSA/CMS then you are not obliged to pay any more than you already are and it is entirely your decision if you do.
Boosa 04/12/2015 at 1:37 pm
Hi, My ex wife has been reciving a considerable amount of child maintenance from me for the last 5 years since our separation, she is refusing to use the money to pay for school dinnners and school trips demanding iI pay for these.
Does the money i pay cover these expenses?
lolo01 28/11/2015 at 8:34 pm
My daughter has a 2 year old with a abusive controling Man. She was not in a relationship with him as such. Throughout the pregnancy he was seeing other women's which he took great pride in telling her. He was arrested for attacking her whilst pregnant and taken to court my daughter was terrified off him when she had the baby he turned up at the hospital to take her to have his name put on the birth certificate. My daughter had a traumatic birth and had to have a Cather in place due to damage to her bladder My daughter discharged herself with the Cather in place agaisnt advice and went with him to put his name on the birth certificate. She was not in a fit state of mind to do this this man mentaly abused her and physicaly He gave my daughters phone number to his family and new partner to threaten her daily. His sister was going to go to her house to attack her why my grandson wa in the house. He also attacked my daughter and broke her fingers at the front of the baby which is documented at the hospital. It got do bad police had to be involved this man has not seen the baby for over a year and is now threatening to take him I help her as much as I can and have the baby to help her out whilst she works. My daughter bas offered this man a contact centre which he has refused. He thinks after 1 year he can take him and he and his new girlfriend can bring the baby up . He is a stranger to my grandson. We are waiting to see what he is going to do next . My question can this man who's violent and abusive who doesn't really want to see his son just wants to cause trouble and have attention on facebook have any grounds in the future ? Does my daughter have to go to mediation if he asks for it. He's making threats on facebook he's going to take him . Can my daughter have his name removed of the birth certificate she was not in the right state of mind when she did it and suffered from really bad postnatal depression due to his constant bullying any help would be appreciated thanks
steph 28/11/2015 at 4:41 pm
My 17yr old sister has a 9month old baby, she & the baby is currently in emergency accom with myself. My sister had agreed to let the father have the baby for the day as long as he brought him home tonight. he is now refusing to bring the baby back here tonight as 'its not safe'. we believe he is not safe to look after the baby full time as he has thrown things around the home while the baby has been there, I have been to fetch the baby for his sleepover at mine and have found tiny shards of glass all over the floor and table. Currently the father has been emotionally abusive and very controlling, he does not work and continues to try and control her life by repeatedly call/text/facebook even after switching numbers to save the hassle and arguments.
Any help would be appriciated.
Toadoftoadhall 28/11/2015 at 2:22 pm
My ex wife is insisting my 7 year old son calls her partner "daddy" despite the fact I have weekly contact time. This is obviously untrue, do I have any rights regarding this?

Also, my son has told me she is intending to change his surname to a double barrelled version with the surname of her partner in front of mine - is this legal?

Thanks in advance.
shyshelly 27/11/2015 at 6:08 pm
Hi my ex has my 6yr old son. He was granted residency but I've worked out that he's not the biological father he is on the birth certificate but he's not the biological dad where do i stand as a mother on getting my son back.
Chez 27/11/2015 at 1:25 am
Hi I have 3 children my ex took them and never returned them when I went to get them I had a phone call from the police saying I hit one of my children which I didn't social services got involved and it was dropped by the cps I went to court to get custody of them and my ex said my new partner was a danger to my kids so the courts went in his favour I have been told I have to choose between my kids and my partner who I've been with for 2 years I explained to the courts my ex was volent and emotional abusive to me I don't know what to do all I do is buy them birthday and Xmas presents I feel lost without them I don't know where they live I send there presents to there nan I can't afford any legal help so I feel like giving up
ChildSupportLaws Editor 26/11/2015 at 12:10 pm
If you have an issue you can't resolve between you, then the only suggestion I can make is to attend mediation. Mediation is when two or more parties meet to resolve problems before the matter reaches court. It is most often used in family proceedings, Contact Orders, residence agreements and divorce. It is a formal negotiation and courts can accept the agreement of the mediation instead of having to go through the court process, although it is subject to final court approval. Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach an agreement that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. Also if you have a family-based child maintenance arrangement then you and he is deducting money without your consent, then it may be more beneficial to you to approach the CMS. I hope this helps.
mamma 25/11/2015 at 10:33 pm
Resently relations between my ex and I have become v. Hostile with him abandoning the children for 2mnts.
He has since made contact but moved the goal posts re when he sees the children. This now meaning he sees them every other weekend. Knowing that I need him to have the children every Sunday as I work on Sundays.
He is also now demanding I send cloths and toys for them and if I don't any cost he incures re purchasing cloths toys etc he will deduct from his Child maintenance payments to me.
I feel I shouldn't as things don't come back home as well as feeling very hurt after what he's done to the children of late re not seeing them.
Where do I stand with this?
ChildSupportLaws Editor 24/11/2015 at 2:03 pm
Perhaps mediation may be the option for you, if you would prefer a third party to help you come to an agreement. Please see: Mediation: What is it and is it For Me? whichI hope this helps.
Linzi 23/11/2015 at 10:26 pm
Hi I have 3 children with my partner. We are in the process of separating. He is on all birth certificates. I am moving out of the house which is his in name. He is quite volatile and has dragged me around a few times in front on the children but I've never contacted the police. He does have. Criminal record from years ago and was in prison before they were born. What can I put in place so that the children remain with me but I will low access
ChildSupportLaws Editor 23/11/2015 at 1:42 pm
As a mother, you automatically have parental responsibility. If the father has parental responsibility, then you will need permission to take your child abroad. However, you can take your child abroad for 28 days without permission if you have a child arrangements order/ residence order. I hope this helps.
ChildSupportLaws Editor 23/11/2015 at 10:38 am
If you have parental responsibility, your ex should consult you and ask your permission to make such decisions. If you do not think it is in your child's best interests, then you could apply for a Prohibited Steps Order. A Prohibited Steps Order (PSO) is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area with their children. There is no guarantee that the court will rule in your favour regarding the move, it depends whether it views the move as in the best interests of your child or not. Both you and your ex would have to justify your reasons why.
khaan 22/11/2015 at 8:16 pm
Need some advice on taking my little one away , I'm a single parent and have never had any help from ex partner , I have been a victim of domestic violence hence him having a 5 year Oder for section 39 along with a prohibited steps order , he is threatening to stop me from taking little one abroad to see my father who is very ill he had dimentia .. Be already booked the holiday and going for 2 weeks but I'm worried his going to make things up like he has always done and try stop Me , can anyone help please
Phil 22/11/2015 at 5:36 am
Hi, my ex wants to take my son to live an hour away from me. He is settled and happy at his school and has lots of friends. He is 9 years old and has said he wants to stay here. He lives with my ex but stays with me every Saturday night and comes over for tea on Wednesday. I have parental responsibility. She has not discussed anything at all and just emailed her plans. She is offering me every other weekend in terms of access. I am very worried as he is happy here and has made it clear he wants the same amount of time with me or something more equally shared. His mum has refused to discuss anything and has notified the local school. What can I do?
... 21/11/2015 at 12:07 am
My ex husband came from abroad and we had two children. He left us when my little child was a week and has never been in conact since. Just recently acter 3 and a half years he has applied through the court to see them. I have not applied for his indefinate stay to remain in the uk and believe he is living in the country illegally and is using the children to permenantly remain here as he used me to get into this country. What can i do? Will the judge be in my favour in that i dont want him to have any contact with the children.
ChildSupportLaws Editor 18/11/2015 at 11:43 am
If he does not have any PR, then the police can get involved to bring her back.
Kimbers36 17/11/2015 at 5:52 pm
My ex doesn't have any parental responsibility my daughter has lived with me her whole 14 years and because I was strict with her she moved in with her dad....wot can I do I'm lost
ChildSupportLaws Editor 17/11/2015 at 1:47 pm
If your ex decides to take you to court, the courts will suggest mediation first, in order to see if you can sort the issue out between you. Mediation is the soft-ball option, and it based on you both agreeing to come to a voluntary arrangement, please see link: Mediation: What is it and is it For Me? whichAs mediation is voluntary, if both or neither of you consent to this, then it will go to court, in which case Cafcass will get involved, please see: What Goes into the Cafcass Family Report? here, in which case you will be able to have your say about your ex's previous track record and likewise your ex will be able to have his say. Also, your children as they are now teenagers will be able to express their preferences and the courts will take this on board. I hope this helps.
Ataloss 16/11/2015 at 10:57 pm
Hi, sorry but this is coming from a mothers point of view. I have been divorced for 10 years, have a son in late teens and daughter in early teens. Since our split my ex says he will turn up then doesnt show. We came to a mutual descision that he would see the children every two weeks but he only manages 4 hours. He can go months with out seeing them then just text to say he wants to see them. I have always accepted it. However my son has recently decided he doesnt want to see his dad any more. After explaining this to his dad but still arranging for him to see his daughter he then stipulated he wanted to see his daughter every weekend for 4 hours and if i break it he will take me to court and saying he has been too leinient with me. I have tried everything to get a relationship between father and kids and now im the bad person. I have now told him to take me to court but now im worried its going to go in his favour as he has parental rights. He lives 5 mins from me and never had his children over night. Do i have any rights with this?
M 16/11/2015 at 8:43 am
Hi, I am from Glasgow and my ex partner is from London. Our daughter was born in Glasgow, but my ex has run off with her back to London, she is denying me access, I know I have PR as I am on the birth certificate, she is 8 months old and I have been there since day one, what are the challenges I face with taking her to court as I am still in Scotland and she is England. Will it have to be an English court or can I have her invited to a Scottish court? Please help, my head is all over the place and I just don't know where to turn.
me 13/11/2015 at 1:20 pm
I have a son and we separated with his mother he's also staying by his mother's side,on the birth certificate he's using my surname and I want some advice because I want my son to come and stay with my family together with his two sisters and I want to take the full responsibility and be hands on because I want to raise him myself as I'm raising his two sisters and I've been supportive on my son's need.so what can I do to have him back.
mello 13/11/2015 at 12:57 pm
I have a son and we separated with his mother and my son he's using my surname as mine on his birth certificate and I want some advice because I want my son to come and stay with my family and together with his two sisters and I've been supportive on my son's need.so what can I do to have him back.
ChildSupportLaws Editor 12/11/2015 at 2:56 pm
You can still apply via the courts. Cafcass will get involved and you will be able to give your reasons for not seeing her. Please see link: When Your Ex-Partner Denies You Access, here. Remember you have as much right to see your child as any parent does. You may find our Separated Dads Facebook page useful, as many men are going through the same situation as you. I hope this helps and good luck.
ChildSupportLaws Editor 12/11/2015 at 2:24 pm
If your ex carries out the threat and takes you to court, you will be able to have your say when Cafcass gets involved. Whenever parents can’t agree over an application for a Contact Order, they become involved, compiling a report on the family, both parents and children. The document they produce carries a great deal of weight with the Family Court. The Cafcass Staff who compile the reports are known as Children and Family Reporters. It’s their job to interview both parents in the case, as well as the children, and any others who might be needed, which could mean social workers, medical professionals, or even relatives. The building blocks of the Cafcass report are the interviews the reporters carry out. They talk to both parents, generally quite extensively, in order to have the best opportunity to present an accurate report to the court. I hope this helps.
azza 11/11/2015 at 5:09 pm
Hi I was stopped seeing my child 8 years ago for no reason I became very down and in a bad place I should have went about it in a different way I really want to be apart of her life and see my child how can I go about trying to see her as the mother will not let me thanks
emflan 11/11/2015 at 1:05 pm
my ex has always had issues with drugs which is one of the reasons why i left, that and the violence. I have always let him see my daughter and had quite a good relationship, he even took her on holiday for 10 days. However i have found out that he is using drugs still, while he has my daughter and paying his "dealer" while she is with him taking her there. i find this completly unaccepable behaviour. i said he needs to prove to me he isnt taking drugs and take a test before i let her stay over anymore...now this has escalated! His new girlfriend text my Fiance to say they are taking me to court for custody of my girl, im scared but most of all furious...where do i stand as far as im aware im protecting my girl from a toxic environment till he can prove otherwise.
ChildSupportLaws Editor 11/11/2015 at 11:12 am
I'm afraid as you are based in South Africa, you have different family-law rules to those in the UK. As we are UK-based it means unfortunately I can't advise you on this. I suggest you seek some legal advice regarding your best options.
ChildSupportLaws Editor 10/11/2015 at 11:41 am
If his father has Parental Responsibility, then he can keep his son and not hand him back (unless the mother has a residence order in which case the police can then get involved). However, this will invariably mean a court case, as I imagine his mother will want to fight for the residency of her child. The courts would rather the child's residency was agreed amicably between the parents or lawfully through mediation or the courts, rather than one parerent taking the situation into their own hands. The courts will generally rule towards the resident parent when ruling for custody, unless the non-resident parent can prove that it is in the best interests of the child to remain with them. Cafcass will invariably get involved. Its children and family reporters will interview both parents in the case, as well as the children, and any others who might be needed, which could mean social workers, medical professionals, or relatives. They’ll also want to interview any children involved, as long as they’re old enough. Part of the responsibility of the court is to take the wishes of the children into account where possible. However, your son would be better advised to go through the court procedure to apply for custody without taking your nephew from his mother, unless absolutely necessary.
GA 10/11/2015 at 8:08 am
HI my daughter has a 5 month old baby. The father of the child has had 9 jobs in less than a year. He is constantly lying and making up stories as to why he is not working to provide for her and the baby. He is obsessed with my daughter and very, very jealous. He abuses my daughter mentally by telling her that he would commit suicide if she leaves him. She told him that she is leaving him and is now being threatened by him and his family members that they would take her baby. He cannot provide for my daughter or the baby. My husband and I provide food and clothes for both my daughter and her baby. His name is on the birth certificate. What is my daughter rights as he would also not be able to pay maintenance. PLEASE HELP !!!!!!!!
ChildSupportLaws Editor 09/11/2015 at 1:53 pm
If your ex has been out of your child's life, you do not have to let him see her if you think it would upset your daughter's routine and emotions. However, he can apply to the courts for access. Another way to solve your problem may be through mediation. However, as mediation is a voluntary process, you would have to want to resolve the issue. Please see link: Mediation: What is it and is it For Me? here. If you don't then you could wait to see if he will take the matter to the courts and then leave it to the court to decide.
smithy 07/11/2015 at 7:54 pm
hi I split from my ex partner whom I have 3 year old son 6 months ago and moved back in with my parents who were ok with him staying two nites a week as long as it wasn't a sat or sunday as they both work and wanted spare time to themselves as they are older now my ex was fine with this until recently she has stopped me seein him unless I take him a full weekend every 2 weeks I have offered to watch him at her home at weekend if she needs to work or wants to go out I have no problem with that she is also unwilling to do this she now is taking me to court to demand I take him full weekend every 2nd weekend and has stopped me seein him on days we had originally agreed but can they enforce this as I would have nowhere to stay with him thank you for any help
Emily 07/11/2015 at 7:04 am
Myself and my partner split up two years ago, he is on the birth certificate, I had to leave our home due to his alcoholism, drug taking and emotional abuse, I get threatening emails and previous threatening text messages and phone calls ( changed my number) he was seeing our daughter initially when we split but he would maybe see her once a week then go on to a drink and drugs bender and not see her for 2 months then stupidly I'd allow him to see her again and he would do the same see her a few times then either not turn up or disappear it got to the point where I was constantly asking him to see his own child?! He how wants to see her again after being off the scene for a year ( he usually does this near Xmas and her birthday guilt) he gives me not a penny and has never done so, he already has a daughter in which it concerns me as she now has severe mental health issues ( personality disorder, suicide attempts, drug taking) and I don't want her around my child either. Any help or advice would be appreciated as to where I stand thanks
ChildSupportLaws Editor 06/11/2015 at 2:13 pm
You can find out more information via whichI hope this helps.
kel 05/11/2015 at 9:08 pm
My son's biological father as made no effort in seeing my son since he was 4 months old he is now 4 years old.. my husband as brought my son up and my son only knows him as dad sadly my son needs a heart transplant so my husband wants to adopt my son we feel this is right as we want to give my son all the support and stability of a loving home through this bad time my ex partner knows he needs a transplant and has not even made any effort to ask how he is doing the biological father is on the birth certificate would I need to ask his permission for adoption? Thanks
ChildSupportLaws Editor 04/11/2015 at 2:22 pm
Please see link: When Your Ex-Partner Denies You Access, here. You would need to go through the procedure laid out in the article. I hope this helps.
ChildSupportLaws Editor 04/11/2015 at 2:13 pm
If his name is not on the birth certificate, then your current partner can adopt your daughter without his permission, as he has no Parental Responsibility rights. However, your ex can also apply to the court for a Parental Responsibility Order in a bid to stop the adoption taking place.
andy 03/11/2015 at 8:09 pm
My ex not let see my child 8 weeks now iv been parent nite at school she told teacher that im not allowed look or speak my child my child had great relationship mother doesnt like it she made it hard for me to take my child away for hoilday family party were can go i pay for my child monthley
G 03/11/2015 at 5:46 pm
Hi, my daughter is 3.5 and has never met her biological father. His name is not on the birth certificate, he does not and has not paid maintenance, I have had no contact with him since I was 20wks. He now also has two other children whom apparently he barely sees. He has made no effort of contact or anything for 4 years, he deals and takes drugs. So personally i dont mind that he stayed away. But I have recently heard that he wants to see her... though nothing has been directed to me.

I have been with my current partner since I was 24wks and he loves her more than anything, we plan on getting married and he wants to offcially adopt my daughter..
Do we need to get her biological fathers permission for this? As he does not have PR..
Thanks
ChildSupportLaws Editor 03/11/2015 at 10:43 am
As the same as the comment below for spider83, if you are in fear of your partner leaving the area with your daughter, you can apply to the courts for a Prohibited Steps Order. A Prohibited Steps Order (PSO) is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area with their children. We have all heard the stories of a parent taking their child for the weekend and not returning them or going abroad with them and it becoming extremely difficult for the other parent to get their child back. Thankfully, this is one of the scenarios that a PSO seeks to prevent. I hope this helps.
ChildSupportLaws Editor 03/11/2015 at 10:02 am
If you are in fear of your partner leaving the area with your son, you can apply to the courts for a Prohibited Steps Order. A Prohibited Steps Order (PSO) is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area with their children. We have all heard the stories of a parent taking their child for the weekend and not returning them or going abroad with them and it becoming extremely difficult for the other parent to get their child back. Thankfully, this is one of the scenarios that a PSO seeks to prevent. I hope this helps.
njdd 02/11/2015 at 1:50 am
Me and my ex have recently split we have a mutual agreement too who has oirbdaughter and on whatvdaysbtoo keep her out the middle of the breakup yet her dad's dragging her in stating that he's gonna take my daughter away from me both our names are on the birth certificate what should I do
spider83 31/10/2015 at 12:42 am
Me and my son's dad split up nearly 2 years ago our son has cerebral palsy and I can't look after him on my own because I have epilepsy and transverse myelitis witch is a lower form of ms so my son's dad is my son's career and for some reason I think he is planning on running away with my son both our names are on the birth certificate would it be possible if I think my son is not safe living with him could my sister and her partner try and go for custody with me saying that I know that my son is going to be safe with them
ChildSupportLaws Editor 30/10/2015 at 2:15 pm
It is highly unlikely you would lose residency of your girls. The UK courts will always rule for what is in the best interests of your children and the uppermost criteria is consistency, which your children have. The fact your ex doesn't work or does not pay maintenance will not help his case through the courts. Therefore, you have little to worry about.
Jane 29/10/2015 at 4:56 pm
I have residence of my daughters 6 and 8. I am divorced but I intend to marry again. My ex- husband is Muslim and doesn't agree with me getting married again. In Islam girls belong to father after mother remarries.

Can I lose my girls if I did marry again eventhough I have residence of the girls? I'm a good mother, working and looking after girls as best as I can. My ex- husband doesn't work, doesn't pay child maintenance, but he's got contact with girls every other day.

Thank you
ChildSupportLaws Editor 28/10/2015 at 9:53 am
You do not have to let your ex have contact with your children, if you think they or you may be at risk from his behaviour. However, your ex does have the right to apply through either mediation or the courts for contact. If he suggests mediation, then this process is voluntary. Mediation is when two or more parties meet to resolve problems before the matter reaches court. In other words, you have to want to reach an agreement regarding your ex's contact with his and your children. If you refuse to attend mediation, then he will have the option to take it to court. A similar process to mediation will take place. However, in this instance a Cafcass officer will become involved. Please see link: What Goes into the Cafcass Family Report? here . From the interviews Cafcass conducts, the reporter will determine two things: whether there should be contact allowed, and, if so, how much. It’s a measure of how important the Cafcass recommendation is that the court will almost invariably adhere to it. Through both mediation or Cafcass, your 11 year-old child and possibly your younger children will be asked their opinion regarding whether they wish to see their father or not. I hope this helps.
ChildSupportLaws Editor 27/10/2015 at 2:05 pm
Please see link: When Your Ex-Partner Denies You Access, link hereand go through the procedure laid out in the article. I hope this helps.
ChildSupportLaws Editor 27/10/2015 at 12:27 pm
I am very sorry to hear about your breakdown and your son being kept from you. You can ask the court to put a trace on your son. You will need to apply for the court form C4 which is an application for an order for disclosure of a child's whereabouts. You can also apply for an emergency contact order, see link: When Your Ex-Partner Denies You Access, here. I'm afraid you will have to wait until the courts to decide who it thinks your child should live with and what is in your child's best interest. However, the courts do not encourge the snatching of children in such a way - hopefully this will work in your favour.
really need some hel 26/10/2015 at 8:44 pm
i have 3 children with my ex they are 11,and twins who are 8.their father hasnt seen them in over 6 years,the children do not want any contact with him,but he has contacted me and wants to see them he has threatened to come to my house to.he is/was(unsure of current use) a drug addict who has been in and out of prison and has recently just been released again,when we split up he left used needles at my house while visiting which to my standards put my children at risk,he also stole many of mine and my childrens things,to sell,i would like to know if he does have any rights and if my children are old enough to decide legally whether they want to see him,any help would be much appreciated thankyou.
Ajua 26/10/2015 at 6:43 pm
Hi everyone I am a dad of one daughter, me and the mum we have talk about my daughter everything was fine I was seen my daughter now she has stop from see my daughter what should I do please help me so that I can a good dad
Cj 26/10/2015 at 1:53 pm
Hi. I have had pretty much sole custody of my son since he was born. With his father having him one day a week.
I had a nervous breakdown 3 weeks ago and his father has intermittently looked after him. Due to several arguments he has now refused to let me see my son. I have received all appropriate medical help and have support, but I do not even know where my son is living.
My son will be missing me desperately and my ex refuses to answer calls.
My son is 3.5 years old and we were never married, but his name is on birth certificate.
Social Services won't help, the police won't help. Can a father who just takes his son and wont allow supervised visits even do this? Could I lose my son forever. Heartbreaking for me as I have done everything to try and sort this amicably but I don't even know where my son is. Help :0 (
Shadow 25/10/2015 at 8:11 am
hi everybody, need some help here, i have been split up from my ex wife for almost 2 years, and thing has been very messy indeed from both of us, i have 3 young girls. she has from time to time over the 2 years stopped me from seeing them if i don't say and pay for things i deemed as not necessary. recently my kids advised me that she gets drunk in the house, but when i approached her about this, she only replied with, try proving that in court! i did report her to social services, and nothing came from it, in fact i did not even get a phone call from them. there has also been incidents where the kids has not had baths all week, (my oldest even had a rash) in fact i received a letter from her lawyer saying that i am harassing her. so my question is this, to whom am i meant to be turning to when there are issues with them, when nobody seems to listen to me. there seems to be nobody that is actually listing to the father. further more i buy everything they for school, gym after school activities ect, purely for the reason that i know she drinks, this has been like this since we split, and now she has also got CMS involved, i have kept every receipt for every penny i have spent on them. the money i spent on them is actually more than what CMS requires me to pay, and i am really concerned that if she gets the money in cash in her hand it wont get spend on them. please if there is anybody that can help i would appreciate it very much. THANKS
Gray 23/10/2015 at 10:03 pm
Hi, looking for some advice on what parental rights I have as a father. Me and my ex had made agreements on what days I would have access to my son but these days could never be set in stone as my days at work can change. I'm lucky enough to have set days off but they can still change. Anyway, I normally collect him on a Sunday night but she's now taking that day away from me because there's been 2 occasions when I personally couldn't collect him but I had asked my mum to organise with my ex about collecting my son as she gets him on a Monday so it makes sense for him to stay over. So long story short, is my ex able to dictate to me and take away access just like that? Thanks.
shazz 23/10/2015 at 1:29 am
Do I have the to stop my x husband from having the 2 youngest children. When he moved out due to domestic violence we came to an agreement that he would see the children, he used to pick them up from my mum's house every night for an hour while I was working but not a weekend cause he needed to find him self a woman. He found one and then the arrangements were he would have them to stay every other weekend as I was working them weekends. That was great he was spending time with the kids and they loved going their but since 25july he's had them once. He says he's too busy working. He's playing with the children's minds and feelings do I have the right to stop him having them and not controlling me saying when he can have them
ChildSupportLaws Editor 22/10/2015 at 11:53 am
When you say you are concerned your ex may take your child, does he have parental responsibility? If so, then the police could not get involved if he decided not to return your child. It would mean you would have to go through court in order to have your child returned to you. However, if you are concerned about this, you could apply through the courts for a Specific Issue order, to try and prevent this. Specific Issue Orders are orders sought from the family court to determine a particular matter in connection with the exercise of Parental Responsibility. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. Applications for a Specific Issue Order are heard before a judge and a representative from Cafcass (Children and Family Court Advisory and Support Services Officer), who is a qualified social worker. I suggest you therefore seek some legal advice to see if this is the correct course of action for you.
ChildSupportLaws Editor 21/10/2015 at 2:06 pm
You would need to fill in a C4 form which is an application for an order for disclosure of a child's whereabouts. It means that the court can help locate your child so that you can apply for access. Should you require any other forms, you can find them via the gov.uk site, or need any further legal advice, please see Net Law Man which
cc 21/10/2015 at 9:57 am
Me and ex split before my child was born. My child is nearly 4. I have started a new relationship which my ex knows nothing about. My child has not met my new partner yet as I think it's too early. I have found out I'm pregnant and im worried my ex will try and take my child. Can he do this?
Aaron 20/10/2015 at 5:00 pm
My ex has disappeared to Cornwall 300 miles from me and I cannot contact her been 3 months now I have or who can I get help from locating my child
ChildSupportLaws Editor 19/10/2015 at 2:57 pm
It is difficult to say, as if he decides to come back and try for access, and you refuse, then he has a right to take it to court. However, should he do this, you can always try mediation first and see if you can come to an agreement that way. Please see article; Mediation: What is it and is it For Me? which
madashell 18/10/2015 at 6:51 pm
Hi I have a problem with soon to be an ex husband as my so called wife for 16 yrs decided to screw around behind my back and now since 2009 have lived with my parents.my wife then and now has given me an exparte non molestation order as I was supposed to have abused her and hit her every day.i loved her to bits and would never hurt a hair on her head.ive been arrested 4 times due to calling her a slut on Fb.i have my 16 yr old son with me and he doesn't want to see his mother as I have shown him my order and told him what his mother has been up to but she has stopped me from seeing my 12 yr old son because she collects benefits from him.she thinks I'm going to tell him what his mother is.im not a violent guy never have been and never will be.why did the court issue the order with no evidence of violence on her and in the 16 yrs of marriage.not once did I have the police come knocking on my door.she has lied to every one about me and it's not fair.the courts are to blame for issuing these order out like penny sweats.i understand that some guys are violent and need an order.but come on they need to use there brains and start asking questions.i have not done any thing wrong just want to tell my side of the story.the court has judged me on face value and not opened the book as they say.im so angry at the court service for allowing this to happen to me.i have no where to turn as I am a criminal just like all the murders rapists etc.she has made my whole world a living hell.what can I do to put my life back.yes I know I married it.biggest mistake in my life and to have children with it.i have no interest in my 12 yr old son now.thats how I feel.
Dannie 17/10/2015 at 8:01 pm
I split from my ex partner at the end of July due to domestic violence. Since then in August he sent me a Solicitors letter saying he wanted our 11 month old daughter every Wednesday night til Thursday evening and everu satursay night. To which I went to a solicitor and sent him a letter saying I would prefer no overnight stays as she is too young. And he could have her every Thursday all day and every other weekend on either Saturday or Sunday all day.. This letter was sent at the end of August and I had no reply. Since then I have sent another two letters and again had no repsonse. It's been 3 months since he saw her and about nearly 6 since his parents saw her.. What does this mean for our daughter and his rights? What if he decided in a few months time he wants to see her? Am I then able to refuse as its not fair to her and will confuse her as she won't even no who he is. He never bothered much with her when we were together and was violent and abusive in front of her. And only wanted to no her when it suited him yet he is making out to people I stop him seeing her. Where do I stand?
Shireen 17/10/2015 at 2:26 pm
Hi
My ex was an abusive person emotionally and he tried physically. I now have a baby to him but he wanted nothing to do with her. So he is not on the birth certificate. I found out he is also an illegal immigrant.
He is now telling me he will take me to court to get my baby. Is he able to do that? Would he have the rights to take my baby?
She is a few months old and would not know him. He was abusive to me and I don't want that for my baby
Aleksa 12/10/2015 at 12:01 pm
Hi I want to ask if there is anything I can do with my ex partner to stop seeing the baby in the future? We was not married the father is not on the baby certificate he is not seeing him now and not paying any money for the child. I want to build new family and my husband he wants to take the baby on his name is this possible?
Kitkat 11/10/2015 at 9:59 am
I was with my partners parents after we split up, only recently did he start to see our daughter (6months old) 1 day a week. The relationship was very abusive and the police called on numerous occasions, I have made the decision to leave and move to be closer to my family 100 miles away from him. He is threatening me with the police, he is on the birth certificate so does have PR but my concern is that once he has her he will not return her. As his mother has threatened this. What can I do?
Laza 10/10/2015 at 3:14 pm
My husbands ex has a new partner and it has just been brought to our attention that she is going out and away for nights and leaving her daughter with the boyfriend can my husband put a stop to this?
ChildSupportLaws Editor 09/10/2015 at 2:00 pm
Please see article: When Your Ex-Partner Denies You Access, whichIf your ex stops contact with your children, you would need to carry out the procedure laid out in the article.
Rocketandy 08/10/2015 at 9:29 pm
Hi, my ex has moved on in another relationship but won't leave me be. I'm moving in with my new partner soon and my ex doesn't like it. She's now said I can't have our 2 children on the Halloween wkend (which is my time to have them) she's given a petty excuse which I've discovered is a lie an now tried to arrange having them again. I've got a funny feeling a family member on her side is having a party so she's denying me access on my time. Is there anything I can do?
ChildSupportLaws Editor 07/10/2015 at 2:19 pm
Have you thought about mediation in order to sort out the issue? Please see link : Mediation: What is it and is it For Me?
Fletcher93 07/10/2015 at 7:03 am
Hi my son is 2 yrs old. I have stopped him from seeing his dad due to allergartions of him taking and selling drugs which he denies. He has contacted a solicitor to say that he denies this and wants to return to our previous arrangement. I do not believe my son is safe doing this. I do not want to stop contact but think some other arrangement needs to be done but he is unwilling... Where do I stand? His name is on the birth certificate. Thanks.
ChildSupportLaws Editor 06/10/2015 at 3:01 pm
I am sorry to hear this. You would have to seek legal advice and if he does not bring your child back, legally you would have to apply for an emergency contact order and apply through the courts to have your child returned. The police may not be able to do anything to try and return your child to you, as your ex has parental responsibility. However, you should contact the police, if you fear your child may be in danger.
3starz 05/10/2015 at 8:47 pm
Hi my daughters father and I have been in a relationship for the last few years she's three but my partner after another paranoid argument took her out of school and took her to his home miles away he's on her birth cirt but this is purely an act to hurt me and not for my child's best interest. He's said he will tell the police all sorts of things about me that will get my other children taken from me and I'm scared shall I call police or go get her myself
RC Editor 02/10/2015 at 3:05 pm
@Danix04 - can't your daughter ask her father directly? Or even ask his father to take her, if it's his day.
ChildSupportLaws Editor 02/10/2015 at 1:46 pm
The first port of call before court would be mediation. Any court will suggest this as an alternative to taking it to court, please see link: Mediation: What is it and is it For Me? here. If you think the changes your ex is suggesting will upset your son's routine, then you will be able to air your views and reasons why. Hopefully, if you can't come to an agreement mutually between you, then mediation should help you resolve the issue. If you can't via mediation, then there would be options to take it to court.
Danix04 02/10/2015 at 11:57 am
Bit of a different situation here. We have already been through the courts to decide what was best for our child. Me and my ex have had an agreement in place for about a year now. It works out fine for both of us most of the time. Our daughter is now 6 and wanting to start activities out side of school. I had asked him if it was ok for him to take her to the rugby club every second Sunday (which is his weekend with her) he agreed and even offered to pay half (very nice of him right) so I went out bought her kit and boots and now he's refusing to take her claim it's there only family day together (with his current partner and child) but I think this is totally unfair as she was very excited and now very upset! He's not thinking about our child and what is good for her, socialising/ keeping fit/ and confidence which can all be gained by going. He has his own child in swimming lessons that my daughter has had to watch in the past at the side of the pool. How is this fair. He seems to be treating them both different. Where does my child stand as she wants to go to rugby every week. I need help. Her disappointed face this morning literally broke my heart.
Lara 01/10/2015 at 7:16 pm
Hi,

My son is 2 & half.
Me & his dad broke up 10 months ago.
We agreed to 3 nights a week & 1 full day with his dad.
He now wishes to move this to; 1 week 3 nights and the next week 4 nights a week.
As he's so young his routine is very important.
I have offered him more time in the day, as that's what matters & will help them bond. But he seems more interested in the nights & I feel it's down to child maintance.
He's advising he will go to the court if I don't agree to alternate the number of nights.
Has anyone been to court over something like this?
I have been the main parent his whole life as my ex worked full time & still does.
Thanks
ChildSupportLaws Editor 01/10/2015 at 2:53 pm
Yes, you could try mediation, see article: Mediation: What is it and is it For Me? whichIt's a lot cheaper than court. However, it is both voluntary and any agreement made is not deemed official. If your ex refuses mediation, then you would have to take it to court if you want official arrangements put in place, plus a child maintenance order. I hope this helps.
ChildSupportLaws Editor 01/10/2015 at 11:46 am
It is unrealistic to assume that circumstances will not change through the course of your child's upbringing and care and mutual parenting is about trying to work around these eventualities. Even if you had a court contact order, there is still room for manoeuvre without it being a breach. If it's a family-based arrangement you have, and you can't agree, I can only suggest you perhaps think about mediation, see link: Mediation: What is it and is it For Me? here. I hope this helps.
Jane 30/09/2015 at 8:42 pm
My ex currently has our two boys 3 times a week. Tues, thur, sat. I work full time and have suggested every other weekend as can't even make apointments on Saturdays!! he just won't commit what days etc . I therefore can't make any plans whatsoever so basically he is dictating what I can and can't do. Can I put something in place through a solicitor? We were divorced a year a go which I did myself. Maintenance was agreed then dropped by him. Bought him out of the house but didn't get consent order and his pensions weren't looked at. I didn't work for 7 years to look after our children. Could I go back and look at this?
Help 30/09/2015 at 12:36 pm
Hi, I have been split up from my ex for a few years now. He has remarried and we have a little girl of 8. until now we have mutually agreed 50/50 non-court custody which we feel has been best for our daughter.
I have advised that I am needing to change the nights over due to being a uni two nights a week and he's refusing which means I will not see our daughter due to working full time. he advised that we have to stock to our original agreement from a year ago which I noted at the time would only be for a year.
I am due to go back to university next week and I am unsure as to where I stand.
my daughters dad is on the birth certificate which gives us both PR.
katy 29/09/2015 at 10:19 pm
Hello. My ex who has an abusive past towards me hasn't seen our 2 children in nearly 2 years. He even openly says i dont see them and isnt bothered. He has never paid any thing towards them and ive never asked. My son who was 3 the last time i seen hom use to act out but since contact stop he is doing alot better. My other child now 3 wont even know who he is. Im now married with a baby on the way and my husband see my kids as his. They call him dad and love him very much. He has supported them for 2 years. What can we do? I.e im worried he will turn up one day and take them. Can i get him to give up parental consent? Thanks for reading
ChildSupportLaws Editor 29/09/2015 at 12:07 pm
I am sorry to hear this. It depends how you wish to protect your son. You can stop contact, if you think this is the best way forward. Or you could suggest mediation to see whether you can both come to an agreement. If you refuse mediation, and your ex has parental responsibility, he will be allowed to take it to court in order to gain access. Unfortunately, on the other hand, you can't make your ex turn up, or see your son, if he chooses not to. However, your ex is financially obligated to pay towards the support and care of his child, regardless of whether he sees him or not, or whether you decide to stop access or not. You can access your support options whichI hope this helps.
Cartie 28/09/2015 at 11:47 am
Hi. Me and my ex split up couple months ago due to some issues. He's seen our son a couple times in 3 months. He hasn't seen him now for 3 weeks was meant to see him Sunday at his parents home but never arrived his phone was turned off we have found out he's been with his other child. I would like to know where I stand on protecting my son from being hurt from being let down he is only 1 at the moment but I don't want him to go though pai when's he's old enough to understand. He will know he has a dad and the dad has rights but I have evidence off all the legs downs as he's ment to see him every Sunday. He doesn't pay any child maintenance or buy clothes nappies Apr anything that our son is needing. I just need some help so I can do this the right way without my son being hurt in anyway. Please correct me if I'm wrong in doing this. But he's a plenty of chances in 3 months. Thank you
ChildSupportLaws Editor 28/09/2015 at 10:53 am
I am sorry to hear this. Firstly, your ex has no rights over your daughter if he is not registered on the birth certificate, as it means he does not have 'parental responsibility'. He has no rights to tell you who you can and cannot have as a boyfriend, he has no rights to demand you have a DNA test, and he has no rights to access to your daughter/ or have your daughter overnight without your permission, neither does he have any rights to harrass you. If he is harrassing you, then you should keep all evidence of harrassment i.e texts, voicemails etc and inform the police. Harassment is both a criminal offence and a civil action under the Protection from Harassment Act 1997. This means that someone can be prosecuted in the criminal courts if they harass you. It also means you can take action against the person in the civil courts, please see CAB whichWith regards to your daughter; if your ex wishes to apply for parental responsibility through the courts, he can. However, this still may not guarantee access, but it will have some say over some decisions. Also, regardless of whether he has access of not, you can apply to have him support your child financially via the CMS, whether he has PR or not. I hope this helps.
Htc1988 26/09/2015 at 10:13 pm
Hi, my ex partner sprung it upon me today that on Monday he will be moving back down south to his family. He has just walked out on a second job and is in shared housing. He will be moving into his sisters house into a single room.
He is demanding I let my daughter (20 months old) go and stay down there or he will take me to court. She has never stayed over night with him because he has always been in shared housing.
I have a few worrys I think she is too young, he doesn't drive he doesn't have a job, he has admitted to me after months that she never naps with him because he can't get her to and doesn't know how.
I don't know any of my rights or even if I do have any. He is on the birth certificate.
Liannah 26/09/2015 at 11:25 am
I have a daughter who is two weeks and 3 days old her dad and I have never been together he was always late to every scan and he has had a girlfriend since i found out I was pregnant and I now have a boyfriend but the father is not in the birth certificate due to him saying she his then she's not so he wants a DNA test but now he is blackmailing me with social services if I do not break up with my boyfriend because he doesn't like him I do not live with my boyfriend I live with my mum and daughter I have no idea what I am meant to do he has also threatened to phone the police because I will not let her stay with him is there anything I can do my health visitor is very happy with me and my daughter but her dad doesn't think am looking after her or putting her first, he is a threat to him self and has angre problems and has harrassed me all the way through my pregnant I never went to the police because I'm quite scared of him he also haven't bought my daughter anything apart from a dress he has nothing in his house for her either I'm so worried about it and I don't know what to do any help?!?
Sam 25/09/2015 at 11:17 pm
I have a three and half year old daughter and I split from her Dad when I was pregnant due to abuse. He is on the birth certificate but because of drugs and violence/temper I only allow him to see my daughter at a contact centre once a week, this has been three years now, excluding his time in prison and the month he was banned for abuse at staff. He has another daughter and and fought to get a younger sibling. The sibling after a month or two has been taken away in foster care for adoption by social services and he is being watched with regular meetings for his daughter and another child on the way. Instructed to do parenting courses ext. Where does that leave him with my daughter if he took me to court? My daughter has seen him shouting and swearing at me and she doesn't want to see him.
ChildSupportLaws Editor 25/09/2015 at 2:38 pm
You would have to apply through the courts. By rights, you are the resident-carer, then you have 'custody' anyway. Your ex would have to apply through the courts for access, then if you felt you needed to, you could apply for an official residency order, see Child Custody Rights which
nicnic 25/09/2015 at 12:44 pm
My son split with his partner beginning of this year he is on birth certificate for both girl's. He pays csa . And she has made it very difficult with visits and told him only last night that she is handing guardianship over to her mother for both girl's. And anymore contact will have to be done through her.. is this allowed? Visits will decrease even more as she gates my son. . My son didn't leave he was thrown out. Please don't judge him he wants to be a dad and loves his girls very much. But the ex is making life very difficult. . Please help.. he would have kids living with him rather than nan as there house is very cramped. ..
aimee 24/09/2015 at 9:13 pm
hi. Me and my husband are getting a divorce. we have 2 children. I have recently had to contact the police and he has forced his way into my house (the police had to make him leave) and he was following me and threatened myself and a friend outside our daughters school. Do I have the right to go for sole custody as I don't think my kids should grow up around him
ChildSupportLaws Editor 24/09/2015 at 2:54 pm
You are still in breach of the court order and if your ex chose, he could take it back to court to try and have the contact order enforced. Please see link: Breach of Contact or Residence Order: What to Do, whichHowever, if your daughter is adamant she does not want to see him, then Cafcass would get involved and her opinion, at age 10, may be considered by Cafcass and the courts.
Cat1 23/09/2015 at 10:42 pm
Hi my ten year old daughter doesn't want to see her dad anymore he has parental rights and there was a court order for specific contact days they fizzled out then he refused to see her one night as he was going out with his brother she was really upset and since then has refused to see him that was 8 months ago he had messaged 3 or 4 times and called a few times too where do we stand
Sam 23/09/2015 at 11:42 am
@clare - she need to apply through the courts with a C4 form which instructs the courts to do a search to find out where the child is, so she can claim contact rights. If she thinks the legal fees are too expensive and she can't afford them, she can represent herself in court, she's got nothing to lose by doing this. The Bar Council - Guide to Representing Yourself in Court is very helpful in giving the right advice on how to get the best from the situation when self-litigating. There's no legal aid now, so there are a lot of people who are doing this. What else can us parents do?
clare 23/09/2015 at 11:06 am
Hi my daughter has a soon to be 3 yr old daughter whos father has moved out of town with her he does have PR but she does not know where he is and has had no contact with her daughter or him for 1 1/2 yrs she has been in contact with his new gf mother but she is not tellling her anything she has tried a solicitor but cant afford to pay she doesnt want custody at present but we all desperatly want contact is there anything she can do
Fee 23/09/2015 at 9:49 am
@Alley - even if he is not on the birth certificate then he can still apply through the courts for access and parental responsibility if he is the father. The courts will advise that you go through mediation first, so that they can attempt to agree between them. If your daughter is willing to do that, then you may be able to come to an agreement. It all starts to cost, if it has to go through the courts and you have to employ solicitors. While mediation costs, it's a lot cheaper than the whole court process. You can get a solicitor to write a letter and give you some legal advice. Or you can do it all yourself, it's cheaper.
Alley 22/09/2015 at 3:54 pm
Hi my daughter has a 1 year old son who she split with the father before he was born due to his violence, she has never denied him access to which he would come to her house to visit, he has stopped his contact for 4 months and his 10 pound a week contribution to 1penny a week which my daughter sent him back. She has now received a solicitors letter from him about contact , he regually takes cocaine and he grows weed in his house so we don't think it's an option to take this baby on his own. He s not on the birth certificate, can my daughter get help of some kind to instruct a letter containing these facts we are open to contact centre with drink and drugs test before visits, my daughter is a single parent thanks
ChildSupportLaws Editor 22/09/2015 at 2:43 pm
If your ex has PR, you would have to ask for his consent. If he refuses and thinks you may leave without requesting his permission, he could also apply for a Prohibited Steps Order. A PSO is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area with their children. You, on the other hand could apply for a Specific Issue Order, which is an order to determine a particular matter in connection with the exercise of Parental Responsibility. These orders can cover a wide range of issues that you and your ex-partner cannot agree on, such as you wishing to leave the area. Applications for a Specific Issue Order are heard before a judge and a representative from Cafcass (Children and Family Court Advisory and Support Services Officer), who is a qualified social worker. If you can justify the reasons why you need to leave the area, then it would be up to the courts to decide what is in the best interests of your daughter. I hope this helps.
lottie 22/09/2015 at 1:11 pm
Hello, I need some urgent advice please.
I have a 7 year old son from a previous relationship. I met my new partner five years ago and we split last year following a domestic incident, I took out a restraining order against my new partner. Because of the domestic incident my son was put on a child protection plan under the section of emotional abuse, even though my son has never witnessed or been subject to any domestic incident. Recently I got back in contact with my new partner and after he has undergone counselling and behavioural therapy we have decided to give our relationship another try. I am in the process of having the restraining order lifted but now my son's father has taken custody of my son and will not allow me contact. He has stated that he doesn't think leo is safe in my custody and therefore will not allow me to see him. I have an appointment with a solicitor to seek legal advice but I just wanted some advice from you as to where I stand.

Kind regards.
Tigerlily1513 22/09/2015 at 7:20 am
Hi All, My ex partner and I split in Jan this year and we have 3 girls, two of which are not mine and I have no PR for them, however I have been a father to them in every sense for the last 2 years+. When we first split, after a few weeks, my ex allowed me to see the girls, but then this changed after a couple of incidents where she claimed she felt awkward. Contact with the girls stopped and we came to an agreement through the solicitors as this is what she wanted. It was for me to have the girls for a couple of hours on a Tuesday night, and then alternate days at the weekends. This progressed very quickly to me having the girls from a Friday night to Sunday night. Recently early in July, without reason, my ex stopped me from seeing my girls again and I have had no contact since. I realise I have a battle on my hands for the 2 eldest as I have no PR, but I am listed on the Birth Cert of the youngest. Due to events in July, I attempted suicide with i have now fully recovered. I believe my ex will use this against me, doe's anyone know how this will be viewed in court?, we are at the point we we have to go to mediation as my ex is not engaging at all and is refusing access to all the children. Please advise, many thanks
advice please 21/09/2015 at 9:24 pm
Hi,
Looking for advice on an unusual situation please. I have a 2.5 year old daughter, when her father and I split it was a mutual agreement. He met someone new and we stayed civil. I have since moved on too into a serious relationship. Ex was given a police warning as he broke into my house to attack my new partner. My new partner also has a young daughter whom he has 4 nights a week, he lives 3 hours away from myself. I'd eventually like to move there - better job offers and schools - and he sees his child a lot more than mine as my daughter sees her dad every other weekend (his choosing). My question basically, can ex do anything to stop me moving away with my daughter? (He does have PR). I'm a well educated and hard working single mum and have the most amazing bond with my daughter. Her father is not dead beat as such but hardly there when needed. Sorry for the long post!
Yusra 17/09/2015 at 9:30 pm
Hello, my ex partner and I separated now we have a 4 year old, we have separated for over a year now,he took me to court to see his son. Which was fine I agreed in court the terms and conditions the court set two hours every other Sunday in January they will oppose over night stay. Which I would like to stop. Reason being my son is not very comfortable with his dad. I was in a domestic violence relationship with his dad and he saw that many times when we were together. He sees dad as " daddy slap my mummy " he's not a fan of his dad.
And for the sake of my child choice.... What can I do
ChildSupportLaws Editor 15/09/2015 at 10:35 am
He would have to either go via mediation or take the issue to court in order to get a more formal arrangement. Usually, arrangements are made between both parents with parental responsibility informally. However, this can break down for various reason, as you have explained. When this happens and the parents can't agree, your son would have two options; he can suggest to his ex that they sort the issue out via mediation, please see link: Mediation: What is it and is it For Me? here. If they can't agree via mediation, or his ex refuses to attend mediation, then he would have to go through the courts to try to arrange a more formal arrangement. The courts will then decide what is in the best interests of the child and what sort of contact arrangement should take place. You may find some articles from our Separated Dads sites useful, as it explains the whole courts procedure and more. I hope this helps.
mrssoggybread 14/09/2015 at 4:06 am
Hi. My son has a 4yr old son by his ex partner. Up until recently my son and his ex were civil with each other, buy now she has another partner and she is messing my son around with the amount of time he can spend with his boy. She allowed him to have his son from fri night till Sunday night as he works until 6 Mon to Fri. But now she has decided that he can only have his boy either fri till sat or sat till son. My son pays her £140 a month plus buys stuff for his boy. Plus my son's name is on the birth certificate. How does he stand about keeping the same arrangements as before?
mi 12/09/2015 at 1:32 pm
Hi help needed please my ex my daughters dad is saying he is gonna take to court but I let him see her with me twice a week for up to 6 hours at times he is always late amd won't show up he thinks if he takes me to court he would get to have her 3 nights a week he has a new girlfriend every couple of weeks or he has 2 at a time and is forever putting me down amd saying are daughter is not his I have brought her up by my self since day 1 he don't pay nothing for her
booo 11/09/2015 at 10:21 am
Can social services ring my ex partner even through He left her when she was one we are not married but his on birth certificate
ChildSupportLaws Editor 08/09/2015 at 3:02 pm
You can take a child abroad for 28 days without the permission of another parent with parental responsibility for your child if you have a child arrangements order. In order to gain access to the child, please see article: When Your Ex-Partner Denies You Access, link here and go through the procedure laid out in the text. I hope this helps.
Tom 07/09/2015 at 10:55 pm
Hi
I was wondering in the event of one parent taking a child out of the country for 4 weeks without the permission of another parent with parental responsibility and with out any court orders in place. Who decides whether permission has been unreasonably refused? I ask as long story short, brother in law split from girlfriend, they have a 5 year old. Last year he went through solicitors to see child. Ex partner said she was going to go abroad a Christmas and brother in law said no on the grounds of the child's safety as he went to the area as a family a few years back. They had to be escorted by guards and had armed guards at the home and on the land to which they were staying. Ex was adamant they were going regardless but as brother had passport of the child was not worried until all access stopped and received a phone call from the country stating they have a landed and have rubbish Christmas. It turns out she declared passport lost, got a replacement and moved out of the house for a couple of weeks prior and switched of her phone. She eventually returned 3-4 weeks later and refuses access. The police are not interested. Is there also any case authority for this sort of incident? Many thanks
ChildSupportLaws Editor 04/09/2015 at 1:04 pm
If you refuse to hand your child back, there is little the police can do, if you have parental responsibility for your child. However, it is never really a good idea. It means your ex will be able to get an emergency contact order through the courts and apply for your daughter to be returned to her. You would have to be able to prove that your child is being neglected in order to have the chance of gaining residency. Also, the fact you have taken your child may make it difficult in the future if your daughter is returned to your ex, regarding issues of trust and access. The courts do not like parents taking such situations into their own hands unless they have good cause. Therefore, I suggest you instead take the proper route and applying systematically through the courts for residency. You may find the helpline Family Lives useful, link here who will be able to advise you first, especially if you think you think your child may be suffering from neglect. I hope this helps.
Help 03/09/2015 at 2:56 pm
I have been married for 14 yrs have a 4 yr old daughter.found out my wife was having an affair last few month.so I moved out the family home and am stopn with mate till get place sorted .I see my daughter nearly everyday after work. Or ring her if can't..my ex wife has now started having the new bloke about house and Is messing my little girls head up.last couple of time I've had her she had few marks on her arm from were mother has grabbed her for been naughty. From false nails.also can see change in little 1s attitude when plays quite nasty.she always crys and wants to stay when her mother wants to pick her up and don't want to go. Mother more interested in goin to work or out on town.were do I stand wen get a place if I refuse to hand her back.I'm on bith certificate. Much help or advice be my appreciated
ChildSupportLaws Editor 02/09/2015 at 11:25 am
Please see our partner link: When Your Ex-Partner Denies You Access, here. I suggest you go through the motions laid out in the article. As complicated court cases can be expensive you can self-litigate, see article: Legal Aid Withdrawal: How to Represent Yourself, link here should you choose. If she responds to the order negatively, would need to write down everything she does to make things difficult for you, or if she begins to harass you, so you can present it to the courts. I hope this helps.
Looking for equality 01/09/2015 at 10:55 am
Appear to have posted several times, apologies.
New to this.
Lookingforequality 01/09/2015 at 9:34 am
Hi, A father looking for help.My ex partner is refusing me access to my children, I have not seen my boys for over a year now. She is totally unreasonable,when I was allowed access,I was only allowed a hour or so on Sunday afternoon(I work six days a week so the only day I have for contact is Sunday) with her supervision. What that actually meant was I spent an hour or so trying to spend time with my children with her constantly picking and having a go at me in front of the them. I actually managed to convince her to let me take my eldest out a few times during the first year of a separation but only for an hour,which also meant I would then sacrifice seeing the younger two to have that time with him. This was a rare occurrence though as he usually wasn't there when I visited,she would send him to her parents to keep him away from me,claiming he was scared of me and didn't want to see me. This was obviously not the case as he was fine when I did get to see him, was even angry at his mother for stopping him coming camping with me. I asked him why he didn't want to go. He told me his mother hadn't told him about it till the day before he was due to go and said he couldn't go because it was to short notice to pack his things.I had actually arranged the trip with her 6 weeks in advance.He confronted her over this whilst I was there. She verbally attacked him, accused him of making her out to be a liar. I haven't seen him since. The abuse I would receive daily from her escalated rapidly when she found out I had met someone new. When my new partner and I moved in together, my ex reported us to the nspcc claiming my new partners children were at risk living with me. The police came to our house, interviewed us all, the children were very upset by this but the police found there to be no cause for concern. Since that incident she has called the police several times for petty things and been told they can't do anything as I didn't do anything wrong. We spent almost eight months enduring none stop harassment, endless texts, emails and phone calls, even when the police warned her to stop. She spent her time stalking my partner,her children and I on social media, the final straw was when she sent friend requests to my partners children(she's never met them,is a stranger to them). We managed to get an official harassment warning issued to her by the police. Conditions were she was allowed contact with me but only to discuss matters regarding our children. She has since used this to stop all contact. Claiming she is protecting herself from our false allegations. Where do I go from here? Mediation will not help. I just want to see my children.
jo1976 31/08/2015 at 9:42 am
The pproblem is I have a 4 year old daughter who is going school full time and
her father was having her in school nights when she was going nursery part time, now that she is going school full time I want her in a routine and in bed by 19.30. He was picking her up at 19.00 on school nights and was taking her to nursery the following day because she started at 12.00 p.m. So it wasn't a problem her staying up. Now that she is starting school full time and starting at 9.00a.m. There is no way of her having a bit of a late night because hours have changed. I am not denying him access only to rearrange his hours to suit our daughter's needs. He has taken exception to this and threatened me with court.... Will the courts side with me and do I pay court fees as I havnt summoned anyone to court...please help
shanny 28/08/2015 at 4:14 pm
Very biased and one sided,males that want to do right by their kids are not being allowed because of the sexist views of women and social services,my ex cheated,made false alegations,neglected the kids,took drugs and alcohol in their presence,moved city three times in four months and invited social services into our lives and I happened to ask about the well being of my kids and social services said have I any proof,complete different treatment when the ex invited them in to our home at the start,I was told to leave immediately and forced to live in a hostel resembling prison,the ex was brought up through foster care and thinks that living this way is normal for kids she has no family,I have a large family and the children love being around their aunts uncles cousins and friends,if I had custody I would not move house at the drop of a hat and give the kids routine and stability.Between social services,women's aid and the ex my kids have never been at greater risk,so thanks to you all ,when something inevitably happens I at least know where the blame lies
ChildSupportLaws Editor 28/08/2015 at 11:34 am
I'm afraid, as their father he has an entitlement and right to take you to court for access to his child. However, before it gets to court Cafcass will be involved, please see article What Goes into the Cafcass Family Report? whichThe court will base its decision on the report and you will be able to have your say regarding the reasons why your ex should not have access to your daughter. The court will base its decision on both sides of the story and come to its conclusion based on what it assumes is in the best interests of your child. I hope this helps.
ChildSupportLaws Editor 28/08/2015 at 11:00 am
There really aren't any rules or rights you have regarding whether your ex should let the children see his current partner - hopefully it can be something sorted out between you both. If you have an amicable relationship, then you could perhaps ask him to hold off introductions for a while. However, it will come to it that at some point he will want his children to meet her, likewise, it would be the same if you met someone else, you will want to introduce your children to your new partner. If you can't agree between you, then the first port would be to apply for mediation. Mediation is how the courts would prefer you to sort out an issue such as this. As mediation is voluntary then if your ex refused to attend then you would have to take the matter to court by applying for a Specific Issue Order. However, you would have to have a good reason for not wanting your children to be in contact with his current partner. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. Applications for a Specific Issue Order are heard before a judge and a representative from Cafcass (Children and Family Court Advisory and Support Services Officer), who is a qualified social worker. I hope this helps.
samjc1985 27/08/2015 at 11:53 am
Hi i have a 9 yr old daughter and 8 yr old son. Their dad left me wen my daughter was 1. I have had very minimal contact with him other than an odd msg out of the blue asking how his daughter is. Never his son as he has denied he is his child. I reveive £1 a week child support. His name is on my daughters birth cert but not my sons. Hes threateing now too take me to court too see my daughter. She does not even no him. My partner as brought my children up as his own and they only know him as their dad. Their biolgical dad has been in and out of prison numerous times. Help please on what i can do.
frightened 27/08/2015 at 10:21 am
I was with my partner for 15 years ,not married but lived together. We have 3 daughter's, 14 ,4 & 11months . He cheated on me and has since said he hasn't loved me for the last year or so and has formed a relationship with the woman . He is not paying child suport or helping out financially ,he has the two older girls for two nights a week but wont take the baby as he can't handle taking care of baby's. He has told me he wants to move in with the woman he's been seeing and wants the kids to meet her and stay with them on the nights he has them . I do not want this just yet as it is a new relationship and the kid's are still confused as to why mummy and daddy can't live together anymore . What are my rights here ? Oh and he was violent with me at one stage and hit me .
ChildSupportLaws Editor 26/08/2015 at 9:57 am
It is highly unlikely that your ex will be successful in getting residency through the courts if he has never been a part of her life. He may however be granted access and that will be up to the courts to decide what level of access he will get, whether it is to be supervised or unsupervised. If he applies to the court, the court will suggest mediation in the first instance, however mediation is voluntary. Please see our partner article: Mediation: What is it and is it For Me?, whichIf this doesn't suit or work, then he can take you to court in order to instigate access arrangements, in which case Cafcass will get involved, please see: What Goes into the Cafcass Family Report? whichThe court will then make a decision based on the back of the report and what it thinks is in the best interests of your child. I hope this helps.
dilemma 25/08/2015 at 2:52 am
Hi I need advice my daughter is just over 4, her father left me just after she was 1, he never helped out with raising her didn't pay child support denied my daughter was his but now his parents are telling him to take me to court to get her, he cant just take her away ? she doesn't even know him
cjones 22/08/2015 at 8:53 am
hi im wanting to split with my partner i have not been happy for a long time but he doesnt want to split and hes threating to take our 3 year old with him and get full custody eventhough i said i would let him see her anyway but he woudnt listen.im scared that if we split hes going to take her and not give her back what can i do?
Mummy 22/08/2015 at 6:00 am
Hi i have a 2 year old some I've not long split up with baby's dad and I need some advice on what rights
My Baby's dad has he has a drug and alcohol addition he doesn't care about my son from day one my little boy was in hospital for 7weeks due to being 3months early and instead of being there he would be getting out his nut I don't want my son to be around that I've begged him to stop but he hasn't it's got that bad to the point I ended up with a broken bone because he lashed out I can't have my son In danger what rights does he have with my son please
Oll Editor 17/08/2015 at 12:22 pm
PR is not issued in terms of percentage rates, it's an all or nothing responsibility. The fact that your ex is not contributing as much to the parentage in terms of input, will be naturally reflected in any future court case (if he was to take you to court over a disagreement on a decision you might make).
ChildSupportLaws Editor 17/08/2015 at 9:53 am
. Child abduction by a parent is rare. However, the increase in travel availability, better links with foreign countries means that cases where one parent takes a child on holiday and is pursued by the other parent on abduction charges are more common. Any situations in which a person leaves the UK with their child without official consent of the non-resident parent can be classed as abduction. A Prohibited Steps Order (PSO) may be of help to you, as it is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. If you are highly concerned, then you could stop access immediately or only grant your ex supervised access to your daughter and apply to the courts to have a supervised order put in place. You seek some legal advice on the matter. I hope this helps.
Redchester 14/08/2015 at 7:49 pm
My husband and I separated amicably 3 years ago. My son is resident with me, he visits his father every Fri night, and stays over until early evening Saturday. Although he has joint responsibility as we were married for 2 years prior to having our son, it is not equal. My husband does not take leave when my son is sick, get involved in major decisions like selecting schools, attending doctors appointments etc. He usually pays child support but has been sacked on more than one occasion, then it stops until he regains work. I am happy that his access continues but how do I limit his joint PR. While things have remained amicable, I do not want my husband to be able to make unreasonable demands in future (which he is very likely to do if I enter another relationship) and it is unfair that in practice he does 1/7th of the parenting work but has 50% legal responsibility. Is the court likely to accept my having sole responsibility if I file for divorce with continued access?
Distressed Mother 14/08/2015 at 12:39 am
I have a 9 month daughtet from a interfaith marriage. My husband and I are separated after a 10 year marriage and his constant cheating. he is now threatning me with trying to take my baby to India. I work full time and he works part time. Sometimes during the day my daughter is with him. What can I do to make sure he doesn't abduct my daugter. If he takes her to india it would be impossible to bring her back. Also my husband was refused British nationality due to bad character. Does this mean he still has rights? can anyone please tell me what I can do to stop him fro taking her abroad, his saying he wants to take her to meet grand parents but has threatene me a few times of abduction. please help
jadey 12/08/2015 at 12:49 pm
Hi my ex and i have been seperated for over 7 years never married but he is on the birth certificate. He has never really bothered with our son.

But of late he has started to make demands , he see's him once a week. But i am terrified he will try and take him away from me.


If he did take our child would i be able to get him back?
also he is getting married will his wife get PR for my child?
Dan 05/08/2015 at 8:56 am
My partner has kicked me out of our new house we got of the council I have been there from day one my daughter loves me and is no no way in any danger she was goin to let me see her and have her untill I took my property out of the new house she is now refusing to let me see her her mum has agreed to bring my daughter to my brother house 1 day a week untill I've gone to court but I wouldn't no the first thing to do I work also ? Could someone contact me wth some help.
ChildSupportLaws Editor 05/08/2015 at 10:07 am
@rich - if you take your child out of the country without your wife's permission then I'm afraid it would be classed as abduction. If your aim is to move permanently with your child back to the UK and your other partner does not agree with the move, you will find some obstacles in your way. To be granted a move you must prove to a court that you have a reasonable and realistic plan which has the best interests of your child's welfare at heart. Obviously, if your plan involves taking your child to a country where contact with the mother will be limited, the child's welfare will be called into question. The law will always try to consider the child's feeling in these situations, depending on age and understanding. Children over the age of 11 will normally have a deciding say in the relocation, while if a teenager expresses a wish to remain, it is very rare that a court will demand that they leave with the parent. I hope this helps.
rich 02/08/2015 at 9:59 am
Hi,
I came to Australia with my Family because my wife was homesick, when I got there should told me to go as she is home with her family. My daughter is English like me as she is an IVF baby and is very special to me. My wife said I cant take her back to England to live to me in our country......How do I stand ?
ChildSupportLaws Editor 04/08/2015 at 2:00 pm
@jon - it depends if PR was removed from your ex via the courts. If not, and it is unlikely, it means you have the same rights as a mother with custody, which means the non-resident parent would have visitation rights to your child and other decision-making responsibilities of PR.
jon 01/08/2015 at 10:35 pm
ive been granted full residency of my children 3 years ago and PR, I'm a father and I just want to know if my ex the kids mum still has PR or its solely me ?
rach 23/07/2015 at 8:31 pm
Hi me and my husband have been split up for nearly a year now, he has always had our 2 kids every other weekend and 1 day in the week, he has spent the last 5 weeks refusing to have the kids and now states he will only have them 1 night every other weekend and won't be having them in the week either. I don't know what to do so I work 50+ hours a week and have no time to go and see someone. He has also dropped my child maintenance to 50 a week yet he is earning 170 a day and because he is self employed the CSA cant make him pay me. Please help me.
Anto 21/07/2015 at 9:42 pm
My ex had the kids for a wknd and has refused to return them he will no negotiate, I have been to police and they cant do anything because he has pr what is my best option?? Thansk in advance
Susan 20/07/2015 at 2:24 am
I have recently changed my girls school over due to moving house. The school application required me to fill information about there father. I explained to the school I don't have any information of his where abouts due to him being under an harassment warning and we only communicate through solicitors. I have since found out he has been to speak to the headteacher and that he has been informed of when there sports day is as well as there reports. My question is I was told by the headteacher of there previous school they could not withhold information about my eldest as his information was on the application. I didn't put his information on the youngest child's application and he wasn't aloud to pick her up or gave any information on her. My question is how can the headteacher give information to there father when he has been issued with a harassment warning (school have proof of this) and his information was not put on the school application?
Rubytuesday 16/07/2015 at 10:15 am
Hi help needed. Hopefully get an answer this time. I have 2 children (3 and 5) with my partner, she wants her grown up (21) son to move in with us but I refuse due to his drinking and past violent behaviour and lack of respect for anyone around him. My partner says she is applying for a council house and taking out children with her so that he is guaranteed a place to live. He was recently released from prison for assault. Can I stop her from taking the children with her? I have PR but have been told I need to go to court to activate them. Is this right??
199 16/07/2015 at 9:28 am
Can mother give permission for her 11 year old daughter to go on holiday abroad with her friend & her family without fathers consent. He does not have PR.
wills 15/07/2015 at 11:08 pm
I have an informal agreement with my ex that he would pick my son up from preschool Monday lunch and have him until weds pm. When I would then collect him after work.This was an ideal arrangement as I work part time Mon to weds and at home on Thursdays.however he has let me down at short notice in the past by taking a holiday and leaving me without childcare.he has now said a few days before the school holidays he will only have him on Tuesday and weds for a full day. . .this, means I now need to find childcare at short notice for the school holidays ,costing me extra money when he is, perfectly capable of looking after him around the Times I work. (He does not work himself), when most father's are fighting for access I seem to be fighting for my ex to see his son.there is no sense of commitment or responsibility, I cannot force him to see his son but why do I have to just put up with his arrangements when I'm the one with commitments.I have had no settlement or receive any maintenance from him. He has Parental responsibility, lives in n expensive house but seems unwilling to look for work as I have to to provide for my son. We were not married and the house was in his solename. Do I have any legal backup to . Make my ex step up and take childcare responsibilities when I cannot.(I have no . Others to help)can I make a claim for maintenance based on the fact he refuses to work, any other legal claims
muppet 14/07/2015 at 8:24 pm
my ex is a complete liar he denies everything when our daughter is at risk I have stopped contract with him seeing his daughter coz he lied at mediation saying that our daughter isn't at risk when with him I don't want my daughter growing up with a lying dad am I right
Essex 14/07/2015 at 1:56 pm
Basically my ex threatened to take my daughter out the country, told me if didn't need her passport and I wouldn't find her, sense this comment he's always had to hand over he's passport and ID card as he's Portuguese! He told me in April he was getting a British passport then when I told him he I need he's new passport, he turn said he's not allowed a British one and he never said that! The fact that he's lied make me not trust him more! Can I stop him taking my daughter or find out if he has a passport?
DD 11/07/2015 at 3:19 pm
I have a grandson who was taken from my daughter, at 2 months. at the time both mother and father was living together. but when daughter changed her mind about getting back in a relationship, he decides to leave South Carolina while she was in class (massage Therapy) and then when she spoke with the police, west Columbia, they tells her that the father has the right to take the child. (But Richland county said that it was kidnapping) I will never be able to understand it.. all the papers and books that I have read stated that if the parents are not married in this state then the mother have sole custody until the parents go to court. why wasn't he brought up on charges of kidnapping? So the other part I can't wrap my mind around is west COLUMBIA and RICHLAND is both in SOUTH CAROLINA why aren't they under the same umbrella? As far as knowing what to do. I felt then and I still feel that my daughters rights as a mom was not taken seriously. And the for she and I to be told that if the fathers name is on the birth certificate he can take the child. is mind blowing.
Andy Editor 14/07/2015 at 12:01 pm
@Susan - natural residency of your child still usually falls to the mother. So you are allowed to leave with your child. You can negotiate access with the father either through a family-based arrangement where you decide between yourselves, or through mediation, if you can't agree, or as a last resort it can be decided through the courts.
Susan 11/07/2015 at 10:54 am
I have a month old baby and his dad is being unbareable, we are not happy together and I don't want it to make a unhappy living environment for our son, his name is on the birth certificate and I wouldn't want him to stop seeing our son, but if we split up would I get to keep my son living with me, there are no factors such as drugs or anything that would mean I could be seen as an unfit mother! I live and breath him, and if leaving "the dad means I wouldn't be able to live with my son I wouldn't leave him,
ChildSupportLaws Editor 14/07/2015 at 10:43 am
@Andy - if you have parental responsibility then as suggested in the article, the police are unlikely to interfere, if you decide keep your daughter. However, it may be more advisable to try to arrange residency through the courts if you are concerned about your ex's instability and the repercussions on your child. If you decide to keep your daughter, then your ex will be able to apply through the courts to have her returned and the courts don't take lightly to parents taking the law into their own hands (i.e keeping your daughter against the wishes/consent of your ex) unless absolutely necessary. I'm afraid it's a bit of a tricky situation that could backfire. Therefore, I suggest you take some professional legal advice in order to negotiate the best way forward. I hope this helps.
Andy 11/07/2015 at 7:48 am
Hi my ex partner keeps running away with my daughter she suffers from depression and she keeps going from house to house with my daughter. So am I legally allowed to keep my daughter not away from her mother but with me as I think she is a threat to her welfare until we go though meediation
ChildSupportLaws Editor 13/07/2015 at 2:45 pm
@Sue - yes, you can stop him temporarily if there is no court order allowing him to pick her up. However, he may be able to take you to court to arrange official access, which if he was awarded, you would have to comply with.
Sue 10/07/2015 at 8:48 pm
Can your give me advice . I don't want my ex to pick our little girl up from my house can I stop him . He is on her birth certificate and we just don't see eye to eye . We have both moved on and he is plan nasty with comments he comes out with
Me 10/07/2015 at 8:45 pm
Can your give me advice . I don't want my ex to pick our little girl up from my house can I stop him .
ChildSupportLaws Editor 13/07/2015 at 12:53 pm
@Poppit - you can find out more via the Coram article here which talks about the issues surrounding prison visits and children. You could call the Offenders' Families helpline should you need any further information via whichI hope this helps.
Poppit 10/07/2015 at 3:57 pm
my son is in prison and his ex won't allow us or him to see his daughter. Does my son have any rights?
ChildSupportLaws Editor 13/07/2015 at 12:18 pm
@mummy80 - he can try and stop you via a Prohibited Steps Order. A Prohibited Steps Order (PSO) is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area with their children. If your ex has parental responsibility, he has a right to apply for the order if he feels that the move may not be in the best interests of your child.
mummy80 10/07/2015 at 1:51 pm
I am about to move 100 miles away with my son. Can my ex (who has PR) stop me? He's already lost his place as school as he has been accepted into a new school where we will be living and I believe the area we are moving to will give us both a better way of life, better schooling, jobs etc. We've never had a order in place with regards to access and he usually dictates to me when he wants to see him, if I don't then he kicks up a fuss. I have had to report him to the police a number of times due to harrassment and abuse, but I have offered that he still sees his son every other weekend and we share holidays.
ChildSupportLaws Editor 13/07/2015 at 11:11 am
@Pew - doing something extreme such as taking the baby from the grandmother, is only going to cause consternation possibly for the child, the grandparents and the mother. It could also backfire, meaning the mother may decide to stop access altogether as your husband's actions will foster distrust. I suggest if your husband is not happy with his ex's decisions over access to his daughter that he approach it the legal way and take it to court. This way, whatever access he does have will be made official. If his ex goes against the order, then she will be in breach. However, should it go to court, it does not mean your husband will be granted access, as that will be up to the court to decide based upon the evidence given from both parties. However, it may work out better than him being constantly subjected to the controlling whims of his ex. I hope this helps.
Pew 10/07/2015 at 7:59 am
My husband has a 2 year old with an ex. However since they split at the babies birth she constantly lies about silly things( baby taking a dummy) so the baby is distressed when she comes with us. If she is working who she leaves the baby with. They agreed against vaccinations she let the baby have them. She works 2 nights consecutively night shift and looks after the baby with no sleep. We have tried speaking to her but she just lies and doesn't listen. The last straw was the baby was meant to stay with us whilst her mummy worked nightshirt. She told us she wasn't working. But then we followed her and she dropped the baby at her mums then went to work her shift. Does my husband have the right to take the baby from her grandmother. As he feels it's his responsibility not the grans. Also he wants to keep the baby full time. What's his/our rights. We also have a child together and although he works I am on maternity at the moment and will probably not be returning to work. HELP
Tom Editor 10/07/2015 at 2:59 pm
@Carter - I would advise that before you decide not to return your daughter, you seek some advice. Although, if you have PR, you are legally allowed to keep your daughter, it is never a good move, as it will lead to future distrust from the mother and you may be asked to return her through the courts. The courts also doesn't like it if you take the law into your own hands. I suggest you go through the correct route by applying through the courts for residency. However, if you are genuinely worried then you should take some legal advice regarding the best course of action.
Carter 09/07/2015 at 4:40 pm
Help, I'm a father to a beautiful 2year old daughter, her mother and I recently split up, she has been bringing a drug dealer to my house (unknown until now) and doing drugs with him and also having an affair, they are both heavy cannabis users and he is also a coke user, I have told her over and over not to have him around our daughter and she won't listen he takes them on days out so even driving whilst high, I am not happy about this and I'm thinking of taking my daughter from her, I am on the birth certificate,I am also contacting social services tonight as this just isn't fair, do you have any advice? Can I keep her until she takes me to court for her? Thanks.
Rubytuesday 07/07/2015 at 10:52 pm
Help! I have 2children ( 3 and 5) with my partner. She wants her grown up son(20) to move in with us but I refuse due to his drinking and past violent behaviour and lack of respect for anyone around him. My partner says she is applying for a council house and taking our children with her so that he is guaranteed a place to live. He had recently been released from prison for assault. Can I stop her from taking our children? Thank you.
ferguson22 06/07/2015 at 9:39 pm
looking for some advice.
ive got 2 kids both have diffrent fathers. my youngest will be 1 this month and he has not seen his dad for about 7 months. hes only met his dad about 7-9 times last year. his father isnt on birth certifacte. the father wasnt their during the pregnancy and he didnt meet his child until a few weeks after my son was born. during the pregnancy it came to light that he tried getting me attacked to stop my son being born. MY SON is a mummys boy and very attached to me cries when ever i go out his sight like any child he isnt keen on strangers. HIS fathers family dont take involvment the father has admited he has dna doubts which i why i think is the reasons he didnt want to arrange a date to add him to the BIRTH CERTIFICATE. he has never payed for.his child hes just out of jail last month aswell he smoke drugs along with his family he has crimnal record aswell hes also been offerd supervised contact at my mums house hes refused twice to reply. hes also had people message me with abuse and has thrratend to kidnapp my son this year so with my son not knowing him and with the threats thats why i offerd contact at my mothers, is there anything i can do to stop him from contacting me nd my kids as absent ex taking piss out me and his own child now
ChildSupportLaws Editor 09/07/2015 at 11:45 am
@Green - it is hard to say whether access will be granted if he takes you back to court, as there are two sides to every story and the father may put forward a completely opposing one to yours. You don't say how old your son is, if he is over the age of 11, he can be asked for his opinion regarding whether he wishes to see his father or not. On the other hand, if your ex is threatening court, you could suggest mediation, which is explained via the link: Mediation: What is it and is it For Me? here. This way both of you will be able to have your say and you could possibly come to an informal agreement via a third party, which may help and which will also prevent it being taken back to court.
Green 06/07/2015 at 12:25 pm
Hi,

After some advice. My ex was issued a contact order back in 2010 he stuck to this 80% of the time and then 18th months later stopped contact altogether. My solicitor tried contacting him for 3/4 months but had no replies or responses to the letter. My ex partners parents have continued to have some access maybe once a month which sometimes my ex turns up to and some times doesn't bother. I have tried my best to include the grandparents as much as I can but I find the grandmother very hard to get along with and always trying to provoke an argument with me which I always bite tongue.

Anyway my ex partner decided to show up at my sons football game he had sourced the information from someone. He then proceeded to cause an argument not with myself but my brother in law. My sons teammates and himself was very upset by all this and my son has since refused contact with his grandparents incase his dad goes. I requested the grandparents came to the house to talk to my son (text messages to prove this) so contact could continue but they haven't been. Two weeks ago it was my sons sports day he requested I didn't tell anyone from his paternal side as he frightened his dad would come and upset his friends so I respected his wishes.

Since then I have been bullied and received text messages about taking me back to court and getting access.. I know his grandparents can't get access as such but they have informed me that the dad will go for access again.

My son has not really had a relationship with his dad since he was a baby. He went a year without seeing him then In 2010 he got acess again to which he broke and hasn't really seen him since 2012 maybe 20 times max.

What are the chances of access been granted? Even though my son doesn't want to go? I know he wont stick to it and its just to please his mum

Any advice greatly appreciated

Thanks
ChildSupportLaws Editor 06/07/2015 at 2:15 pm
@Leigh - if you are concerned about this you could apply for a Prohibited Steps Order through the courts. If your ex has parental responsibility, then the police would not be able to get involved if he chose not to return her and you would have to apply for the return of your child through the courts. If you wanted to pre-empt this, then a Prohibited Steps Order (PSO) is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area with their children. We have all heard the stories of a parent taking their child for the weekend and not returning them and it becoming extremely difficult for the other parent to get their child back. Thankfully, this is one of the scenarios that a PSO seeks to prevent. If the order was granted through the courts, then failure to comply with this order is a criminal offence (often charged as kidnapping) and could result in a custodial sentence. I hope this helps.
Leigh 04/07/2015 at 12:14 am
Hi, my ex husband, my daughters father can be very immature when he wants to be. He works off shore and when it comes to the school holidays he ignores contact with me and won't say when he is back. He then phones out of the blue and expects everything to be put on hold for him to have access. I have said to him before that we need to arrange contact and have told him that he can't have contact exactly when he wants as we have already made child care arrangements and plans...which results in an ear full of abuse. I am worried if he isn't happy about having to wait till say Wednesday instead of Monday he will go to the child care provider and take her. Could he take her without arranging it and without me saying yes? The contact in our divorce doesn't say anything specific and says its arranged between us so there is no set days or time. Any help is very much appreciated as I always dread the school holidays.
ChildSupportLaws Editor 03/07/2015 at 10:04 am
@Westy - you could either continue the way you are going with an unofficial agreement which is based on trust. Or, you could take it to court, which could have many repercussions if your ex felt that she wants to retain residency of your child. While your ex may be having a good time, so to speak, it does not mean she may love your daughter any less, or want to be parted from her. Therefore, it could cause a lot of bad feeling and you would have to be prepared that as a knee-jerk reaction she may try to stop access if she feels she may lose custody. If you wish to pursue it through the courts it would go to Cafcass first, see link: What Goes into the Cafcass Family Report? here. See also the link Applying for Custody: Court Procedure, here. I hope this helps.
Westy 03/07/2015 at 7:40 am
My wife left me for no apparent reason, only says I can have my child 2 days a week, but then palms our daughter off to me every Friday and Saturday night to go out with friends... I've suggest our daughter lives with me to make things easier and she can see her when ever she wants but says no because she will lose her place to live (council property) and any benifets she gets for her.. I don't pay maintenance as I have my daughter 4/5 days and nights a week. What do I have to do to get custody of my daughter and stop her being neglected by her mother?
Eddie 01/07/2015 at 10:17 am
Hello my daughter did not turn up for court almost 4 years ago so the contact order was discharged she has been seeing her child one a week at our house ,the father drops the child off and picks her up now my daughter is settled and in a better place in her life she wants to take her child out for the day or to the shops or park ,but the father is saying she can only do it if myself or wife is there that she is not to take her out unsupervised can he do this and how do we stand about changing it,there is nothing from the court to say access is supervised its just what we did but now time has moved on many thanks
Arry 30/06/2015 at 12:20 pm
Hello there, my relationship has broken down with my girlfriend we have a son who is one in September, I am on the birth certificate so have PR. I have moved out the home and I live with my parents. She is now refusing to let me have any contact with my son. I don't want custody as that is not in the interests of my son. I want structured access twice a week and every other weekend. We have a number of arguments before I left resulting in her calling the police, there was no violence or abuse. Just the usual words said in arguments. There has been no arrest, no cautions or warnings. Social services are now involved sue to the fact she keeps calling the police. She has a history of mental illness, depression, self harm and attempted suicide. She has now said I have lost my son forever. I want nothing all to do with my ex, just access to my son. What can I do, please help?
ChildSupportLaws Editor 02/07/2015 at 2:25 pm
@Jess - if you don't want your ex to see your child because you are concerned over his drinking problem, you can negotiate supervised access, or stop contact altogether. Should you do this, he could take you to court in order to apply for access. It will then be up to the court to decide what is in your child's best interests. You could also try suggesting mediation, if you can't agree between you what level of contact he should have. See link: Mediation: What is it and is it For Me?here. I hope this helps.
Jess 29/06/2015 at 7:59 pm
My ex have got a drinking problem and I've got a 10 month old daughter with him I've move back to aunties and he hasn't seen his daughter since I broke up with him and move away and I believe he's still drinking I need advice on what to do?
ChildSupportLaws Editor 02/07/2015 at 11:16 am
@Dave - sorry to hear this. Should she stop access you can go through the procedure laid out in When Your Ex-Partner Denies You Access, here. I hope this helps.
Dave 29/06/2015 at 3:22 pm
My wife and I have separated 10 months ago, she was emotional abusin me. I have my children every two weeks at weekend. Now she is threatening to stop Contact, can I just have kids the weekend and tell her there now staying with me?
ChildSupportLaws Editor 29/06/2015 at 12:58 pm
@brimo - I am sorry to hear this. I can tell you that taking or 'snatching' your child from the mother is not a good idea and could put you in a worse position, resulting in you being allowed only supervised access, as well as losing the trust of your ex, which I'm sure is the last thing you want. Even though you may have parental responsibility, the courts wont take lightly to you taking your child without the consent of the other parent. The alternative may take a little while longer with regards to the process, however, at least you will be in a better position to negotiate an official contact order. I have included the link: When Your Ex-Partner Denies You Access, link here and follow the steps provided. You have done the right thing by having the tests done prior to any instruction and this will stand you in good stead. The main issue you have to keep in mind is to keep rational, keep to the rule book and not get sidetracked by impulsive reactions. I hope this helps.
brimo 26/06/2015 at 2:57 pm
My ex partner is refusing me access to my 10 month old son. For the past 4 months i have had him on Saturdays and Sundays until last week when she found out i had a new partner. She ceased all contact and even refuses to speak to me. I received a letter from her solicitor instructing me of the above. She also claimed i use cannabis and therefore unfit to look after him, i went to my GP for a drugs test and gave her the negative results yet still refusing me access. Am i within my rights and the law to take my son from her without snatching or using any force what do ever? I am on the birth certificate. Thanks for any help.
ChildSupportLaws Editor 29/06/2015 at 10:43 am
@Niecey - if he is not on the birth certificate, then he has no parental responsibility rights. Should he take your child then you will be able to get the police involved and your child would be returned to you. Should you be concered about him 'abducting' your child, and maybe taking your child out of the country, then you can apply to the court to get a Prohibited Steps Order. A Prohibited Steps Order (PSO) is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area with their children. If your partner chose to leave with your child, it can be classed as abduction and he could face criminal prosecution. There are a number of offences you can be charged with, including child abduction, kidnapping and false imprisonment. However, as suggested in the article, your general separation will not stop the father from being able to apply to the court for a parental responsibility order, which may result in him acquiring PR in the future. It should also be noted that if he is awared PR, he will not obtain any extra rights to see your child. I hope this helps.
Niecey 26/06/2015 at 7:51 am
I am in a relationship with my childs father but i am desperate to leave him. I tried to break up with him before but it backfired and said hes not leaving without taking our son. He is not on the birth certificate nor has a place of his own to live so hes not a stable person. What are my rights? Can he do this?
nicky 25/06/2015 at 10:01 am
My 15 year old daughter left home to live with her dad staying that I hit her and won't come home she wants to stay there what do I do
ChildSupportLaws Editor 23/06/2015 at 11:41 am
@apn - I am really sorry to hear this, it must be very upsetting for you. You will need to take this through court by applying for an emergency order for the return of your child. The courts will look at the circumstances surrounding the father taking the child and decide what is in your child's best interests. The courts value consistency, so they will more often than not restore the previous living arrangements. The courts also do not like father's taking the law into their own hands. If your child is returned to you, the court can also make a number of other orders to stop this happening again. However, you will need to act very quickly and apply for this court order asap. I hope this helps.
apn 20/06/2015 at 4:29 pm
my ex and i recently separated, i said he could stay till he got on his feet but the three weeks he stayed he secretly started seeking advice from social workers as him and his mother crually made me believe i was bipolar for which he took me to a therapist for (this came back as i did not fit the criteria). He also tried to contact my landlord to gain occupational rights but was refused. When i found this out i asked him to leave and he took my child with him. He is on the bc and he told the police he was concerned for his sons safety and he was allowed to keep him for that night, my son has not been returned to me and his father has not given me an address of where my son is and refuses to allow me any access other than a goodnight phone call. I have saught legal advice and served a letter from a solicitor requesting the return of my son. But he has failed to return him and has said he will now seek legal advice. His father has taken him out of school and at the present moment i believe him to be sourcing a local school to the area in which he (father) now resides with his mother. Can he do this and how quickly? My current situation is i live in a one bedroom flat where we have all lived as a family for the last 11 years (my son is 5) now he has moved to his mothers who i am led to believe she has a three bedroom house and financial support from his mother. I have suffered depression for the last 10 months as i have witnessed material of an affair which i struggled to deal with. My ex has always been controlling in the form of clothes i can wear, people i can see and called me awful names such as a whore etc.. But i fear as i have never reported this i am unable to prove it. Would it affect me if i was to seek my son and remove him from his father? I am very unsure of how to find a resolution for this matter and do not know how to approach this without making myself look like the crazy woman him and his mother have portrayed.
ChildSupportLaws Editor 23/06/2015 at 11:24 am
@Loulou - you do have a right to stop him seeing your child if he is being unreliable and flouting previous court orders. It would then be up to him to take the matter back to court. However, if he is a registered addict and has not been a part of your child's life, then it is highly unlikely the courts would entrust your child into his care. The most they would allow would be supervised access. I hope this helps.
Loulou 20/06/2015 at 3:58 pm
Father of my daughter is not around has never really been since I was 6 months pregnant due to his continuous relapsing into drug addiction.
My daughter is now 7 yrs and although we tried mediation once recently he let us down badly again and again .we only met once in 7 years due to his criminal behaviour- . I do not want his behaviour to affect my daughter as we have always just been us two and she is safe and happy.
I recently applied for sole parental responsibility as unfortunately he is on birth certificate. I was Informed / encouraged by magistrate not to go down this route as it was unlikely.
Do I have the right to stop him seeing her if he wants to in the future as I fear he is unsafe and a stranger anyway. ? I was told by magistrate I can stop him so he would have to apply to court but then could I still stop it? I am worried.
starshine. 20/06/2015 at 9:02 am
Hi, My ex partner and I recently split. we have a 7 yr old little boy. However his dad and I were only together this last year having broken up when our son was 1 yr old. We decided to try again as I believed he had changed and my son deserved to know who his father was. Once my ex moved into my house everything was fine for first few months then it all changed.he stared drinking everyother day, never spent anytime with us, caused huge arguments, called our son vile names to his face, said damaging things to him about him, my son would get angry daily and started have "tummy pains". things got so bad I had to throw my ex out. He is asking to see our son but I wont allow it, I do not want him damaging him any further, my son s now happy, school work has improved, tummy pains have gone, he sleeps soundly and we now laugh again. Can I enforce this non contact legally now? Thank you.
ChildSupportLaws Editor 23/06/2015 at 10:25 am
@Sb1 - I'm afraid access is something you have to negotiate with your ex, or through mediation. Unfortunately, as frustrating as it is, there is nothing you can really do if he is unreliable and doesn't want to keep to a schedule. If you can't agree between yourselves, then mediation may help, see article: Mediation: What is it and is it For Me? here.
Sb1 20/06/2015 at 12:29 am
Hi my kids dad is on the bc I had my son in 2011 an my daughter in 2012 we split up in 2012 know he has seen them on and off for about 6 months all together. I know he has rights but my question is what rights has he got because he only bothers when it suits him.
ChildSupportLaws Editor 19/06/2015 at 10:29 am
@jt - does the interdict not prevent your ex from seeing your daughter unsupervised also? This is surprising if he is allowed to take her given the circumstances you've explained. If you feel uneasy, you can stop the access and he would have to apply officially through the courts. You would then be able to then put your reservations and worries forward to the Cafcass officer who would present this to the courts in the form of a report. See link: What Goes into the Cafcass Family Report? here. The courts will then decide what sort of access he would have. You could also specify to Cafcass that you wanted full residency, which means he would not be allowed to take her without the police getting involved, if he did. I hope this helps.
jt 17/06/2015 at 5:09 am
I was in domestic violent relationship he beat me about the left side of my face when my daughter was a baby she was laying on my left shoulder at the time I stayed weekend as I was scared I would lose my daughter this happened middle of week but Fri was when it came out that he beat me while holding Eilidh health visitor came out Police came out asked if I wanted to charge him when he was sitting in same room I was scared but never did on Mon social came out with health visitor and told me if I didn't leave I'd lose my daughter so I left . They also got me to charge him which I finally did he got fined £500 . He sees her but I'm always frightened I won't get her back I have an interdict against him what happens if he doesn't give her back ?
ChildSupportLaws Editor 17/06/2015 at 1:47 pm
@mumof2 - if he is not named on the birth certificate, he doesn't have any rights, as he does not have parental responsibility, so if you don't want him to come and see your daughter, then you can refuse. He would then have to apply through the courts for contact. However, if you want to agree arrangements formally and wish him to see your daughter, and can't agree between yourselves, you could try suggesting mediation. Please see link: Mediation: What is it and is it For Me? whichI hope this helps.
mumof2 14/06/2015 at 3:14 pm
my ex left when I was 8mths pregnant(2012) any way he is not named on bc n she has my surname, he keeps telling me that is is coming 2 c her with or without my permission can he do that n what would be outcome if court was unvolved
ChildSupportLaws Editor 16/06/2015 at 12:02 pm
@Jay - I have included a link to the Family Lives article - What is shared parenting? here. If you think you fit into this criteria, then you could apply for shared parenting through the courts. You would have to specify the reason's why you wish for shared parenting and why you think your ex doesn't wish you to officially have shared parenting. There is no guarantee you would be awarded it, as it depends whether the court deems it to be in your childrens' best interests. However, you should also keep in mind that your ex may also wish to try and restrict your access, if she thinks she may lose her benefits as a result. I hope this helps.
Jay 13/06/2015 at 4:26 pm
I have 2 boys aged 9 & 7 and I have been parted with their mum for over a year and a half. I have them near enough every other day and on average they spend 3 nights a week with me. I have asked her to agree to 50/50 responsibility but she is saying no as we both know that will affect her benifits if she is not a full time mum on paper. Quite frankly I don't care about the money but refuse to give her anything if I'm constantly paying for everything for them. How can I gain 50/50 responsibility? I'm registered on their birth certificates and have a really close relationship with them.
Carr 10/06/2015 at 3:46 pm
Me and my partner have split up and have two children. I dont want any money from him and i dont want to prevent any access to his children as they love him but i refuse to allow them over i see his certain members f his family eg mother, grandmother as they are really horrible people and speak very badly of me. I also feel that their behaviours are extremely unhealthy and they arent people i want my kids around. My partner (ex) is on their bc's and as i say i am more than happy to share contact with him but i feel like if i am made to do this i will just move away i cant bear to have them involved with my children, causing trouble!!
ChildSupportLaws Editor 11/06/2015 at 12:40 pm
@mumof2 - If an unmarried father jointly registers the birth of his child he automatically has Parental Responsibility. If he does not jointly register his child however, the father has no rights over the child, and can only act on their behalf in an emergency. Having no legal rights over his child means that the single father has no say over the naming of the child, his/her religion, where the child should be educated, what kind of medical treatment they can have or even over the child’s adoption. The father also has no access to the child’s official documents or medical records, and is not able to get a passport for the child. The child’s father does however have to pay Child Support on demand, but is entitled to apply for a Parental Responsibility Order if the mother of the child is unwilling to agree to a Parental Responsibility Agreement. I hope this helps.
mumof2 09/06/2015 at 10:24 pm
my ex is a dad of 2 1 died n the 2nd 1 got taken away by ss at birth n we have a daughter 2gether who is 32mths n he has seen her 5times, anyway he is not on bc but still believe that he has same rites as me...what rites do he have ?
allen nervas 06/06/2015 at 12:20 am
my wife left me and the kids, but i want her back. post comment, add comment
ChildSupportLaws Editor 05/06/2015 at 1:36 pm
@woody - I am so sorry to hear this. You will have to take this to court in order to try and get the order revoked. As legal fees are high, you also have the option to self-litigate, see; How to Represent Yourself, whichYou might also be able to get advice from a McKenzie Friend, see link; Using a McKenzie Friend in Court, whichAlso, the page: When Your Ex-Partner Denies You Access, link here should help, as it shows you the process that you have to go through first.
woody 04/06/2015 at 6:55 pm
Hi there, i was with my ex partner for 4 years. I have 2 children with him but my eldest is not biologically his. After having my youngest i was unwell with post natal depression and had to be treated in a psychiatric hospital. I was told i was too unwell to look after my children so my ex partner who i only had at the time convinced me he would be the best to care for our children and once i made recovery we would all be back together as a family! I had full faith but also was very vulnerable. I signed a special perental guardianship paper as my eldest wasnt his and gave him full custody of both our children.. But what i didnt no he was secretly in another relationship and weeks later through recovery he refuses i see my children and his new partner looks after them while he works. I organised a mediation meeting so i could have stable contact in which he refused to attend.. Iv not seen my children for 4 months and lost my home. Wasnt a bad thing tho as we lived in a little village and nearly every day i seen my children being looked after by his new partner. The contact i had arranged were never appropriate so i asked him to organize suitable contact with no reply. Iv asked for pictures and had nothing. Surely he carnt do this? I have an appointment on the 8th and would really appreciate any help from you! I also got my eldest a phone so i could ring her and apparently the phone went missing.
Nina 27/05/2015 at 6:53 pm
I have separated from my husband of 10 years in January it has been 4 months now and I have our 3 children with me - I do not want any contact from him so haven't disclosed my contact details to him but now he's taking me to court as he's applied for visitation rights can I oppose this? And on what grounds? Is it possible to apply for a residency order? I have suffered years of domestic abuse but have never reported to authorities so I'm afraid nobody would help!
worried about doing 21/05/2015 at 12:15 pm
Hi, my husband has two children from his first marriage 12 and 18. Their mother has been vindictive and difficult for a number of years, we have always maintained the moral high ground and not berated her to the children. She has however never shown the same respect. She doesn't work and has spousal maintenance and a signigficant amount of child maintenance. When she met her partner things improved slightly and he tried to improve communication between everyone. However in February the children rang as there had been a violent incident at there house where she had physically attacked her partner and been verbally abusive to his children and her own. The youngest came to live with us for a while and I was very instrumental in helping to build bridges so he could see his mum again, I am reluctant to help again as she calls me dreadful names to the children. Unfortunately the youngest has been subject to continual emotional abuse since regarding us and her partner and anyone else she sees fit to berate. The youngerst has had enough and wants to be with us, however she is pestering him and trying all sorts of bribes to get hime back. We are tring to do what is best for him but we are unsure of how to handle it. According to the child the abusive behaviour and fighting have been the norm for some time. Her friend has told us in confidence that she believes she has a drink problem. The eldest child is trying to stay out of it as he has put up with this beghaviour for a long time and has almost become numb to it. Any advice would be gratefully received.
Cmwellies 20/05/2015 at 2:03 pm
My ex has just told me he is going to take forms into court tomorrow. He was violent to me for yrs and it ended when he was violent to my 14yr old son. Our daughter is nearly 2 and he had all the access he liked so he could have a relationships with her. He has paid £20 since September 14 and doesn't beleive he has to pay maintenance. He has been drinking whilst I charge of our daughter and has no intention of stopping drinking. So over10 weeks ago now he refused to pay any obey and continued to suggest I was mental and therefore I am not capable of bringing her up, also said if I'm asking for money I mustn't be able to afford her so he said he was taking me to court for full custody, since then he called social services, went for mediation that I declined and got his family to hassle me. Bearing in mind after that phone call he made no other effort to see her and in my eyes now it's been to long and have made the hard decision to not let him see her in the future. I am so worried about what the process is when he takes me to court. It is not fare on her to do this length of time without him then back in her life on and off. There are many reasons why he is not stable for her I just don't want to go through all this when it was him that chose not to see her and go this way. What will happen once he takes papers in tomorrow???
lissia 20/05/2015 at 8:15 am
My ex husband and I have been separated for 2 years, in this time he hasn't bothered with our two children 7 & 5 yes old. He told me 2 weeks ago he was wanting the children for 2 weeks and that I could get the house sorted out whilst they were there. I have done this and he's now saying it has to be up to his standards before he will let them come back. Today is the 2 weeks up and he says he isn't giving them back and making up things to keep them. Saying I have mental health issues and that I will only get them back with a court order. He hasn't paid anything towards their upbringing and I have no money to do this and he knows that. I am at a loss of what I can do to have my children back.
Rachel 19/05/2015 at 9:57 pm
My husband had an affair when our son was 6months old, spent weeks at a time out and at her house as I tried to make him realise what he was loosing, it all came out a year after and he moved out of the house, we have been fine with sharing our child over the year we have been split and now he wants to sort set days for having him, how often is normal and that he has rights to?
ChildSupportLaws Editor 12/05/2015 at 2:21 pm
@Angel - I am very sorry to hear this. I think in this instance you also need someone you can talk to directly, so I recommend Family Lives here, in order to get some initial help and support and to see if they can point you in the right direction in order to get back on your feet and get access to your son. You say you are homeless, if so the council may be able to help re-home you, if you have nowhere to live, You can apply through the courts to see your son and if you have no income, you may be able to get some free legal help. You will need a c100 form to apply for contact to see your son, see A Guide to Court Orders on our Courtroom Advice page here. I hope this helps.
Angel 10/05/2015 at 4:37 pm
Hello I am in desperate need of help, about a year ago my sons father forcibly removed me from our property and away from my 9 month old son, all because of my mental state (I begged him to help with our son, had no sleep for 3 days and he hadn't helped night or day only on his car) so I called social services who advised me to seek medical help, which I did, once coming come he didn't allow me enters and speculated that I was a danger to My sons lik ( considering I was his sole provider for nearly a year and his father left for work with complete trust in me to look after our child) my son was a health, happy, bounce baby boy, nothing wrong with him, above average so I was raising him properly. Anyway now a year down the line he will not let me see my son, nor have any photos or calls to him causing me great discomfort and to be quite frank it's killing me inside, I've listened and done what he's asked of me yet it isn't enough, I'm to young to afford my own home I also have physical problems including fibermialgia an hyper mobility but they haven't ever got in between caring for my son... So yes I'm homeless 19 year old mother with mental and physical problems with no hope in the world to get my beautiful boy back in my arms... It's been 6 weeks since I last saw him...just wish someone could help me... Please I beg you, I've had enough mental abuse this past year and 4 years of physical abuse from his father (young,stupid and petrified ) just want my baby back ... He's two this month... Not allowed to see him on his birthday either... Please help me?.. I have no one else
ChildSupportLaws Editor 12/05/2015 at 10:34 am
@worriedmummy - you have a right as your son's mother to lay down terms of what you want the arrangements to be with your 'ex', especially if he has had little contact with him. If you think it is too soon and he doesn't know his father well enough yet then you have every right to put your point across. If the father doesn't agree then it will be up to him to apply for a court order. If he applies for a court order, it is likely that the court will suggest mediation, see our partner Separated Dads site article Mediation: What is it and is it For Me? here. This gives you a chance to specify your reasons to an intermediate third party who will also speak with your ex and try to make a resolution that works for you all. You don't have to agree to anything you don't want to. The mediator will try to help you come to a decision that suits you both. Only if a mutual agreement is not agreed, then it will be passed over to the court to decide, what it thinks is in the best interests of your child. However, it sounds like you are willing to compromise and this will stand you in good stead when trying to reach a mutual agreement that will benefit both parents and your son and that will prevent it going to court. I hope this helps.
worriedmummy 09/05/2015 at 8:24 pm
My son's dad (I say that instead of 'ex' as we barely know each other, my son was the result of a fling) has just informed me he would like to begin having my son overnight twice a month. I'm happy for this to happen...This time next year...when my son will be three and speaking properly, completely toilet trained, settled in a big boys bed and new routine in his own bedroom. I feel his dad is only asking for this now because his gf is pregnant and they are the sort of people who have always liked to put on a front and appear this wonderful perfect family. Do I have any grounds at all to refuse overnight stays until my son is at least three years old? I should mention his dad wanted nothing to do with my son until he was two months old after id pushed him into getting a dna test done that he said he needed. I had issues with his dad when my son was newborn regarding his behaviour around my son when he saw him naked (inappropriate comments he'd make about his privates and taking way too many pictures of him naked). He was also uninterested in my son's basic needs and communicating with me about how to care for my son when he was younger preferring to just spend his time with him taking photos together so he could appear this doting dad to all his friends and family (like I said, just a show). The man has a lot of money and knows a lot of people in the right jobs...I'm really worried he'll take me to court and end up with not only overnights at this young age but maybe joint custody as he threatened me with this before in an argument. Please help :(
Si Editor 08/05/2015 at 11:36 am
@workingfather - under the flexible working rule, can you not have a word with your employer and spell out the problem by asking him/her to guarantee one night per month that you either have off, or to work a certain shift pattern? It seems a bit off that you can't specify one night in 30/31 days that you can have your child, when your partner is having to do the rest of the work, the rest of the time.
workingfather 07/05/2015 at 3:25 pm
Hi,
I recently split up with my wife and we agreed verbally that I would have my son for a night a month.
Due to the nature of my job, I cant guarantee what days I can have my son as I work unsociable hours meaning she is now taking me to court.
Advise please as I don't know what to do. TIA.
Kiz 04/05/2015 at 8:19 pm
Me and my ex husband have a shared care custody in place but he is not involved in their lives he remarried again and ever since he hasn't taken any responsibility of our 2 children. He works full time and after that my kids still Dont see him. The grand parents (his parents) have no rights towards the children but my ex has left all Responsibilties to them where as this court order was between me and him only.
Recently I had to get social services involved as the grandmother assaulted my children and they were left with bruises. I informed the police social services and even took them to hospital. My children are 7 and 8 and they keep telling me not to send them back to their grandparents or even their father as they don't have that bonding with him in the first place.
Will there be any possibility that I get sole custody but allow the father to see the children in a contact centre?
I'm really confused and just upset about the whole thing please advice me on what to do next..
dadof4 03/05/2015 at 2:08 pm
Hi I'm a father of 4 really great kids
I have used cannabis in the past & so as my exwife she's now stopped me seeing them at my home on the nights arranged claiming it's a drug den even though she's been informed otherwise.
She now only let's me see them 2.30 hrs a day.
All I want to do is be a dad
Do I have any rights to make her stop being stubborn as she's only doing this after an argument
Thanks
paulabear 01/05/2015 at 6:46 pm
Hi my 8 yr old daughter asked can she live with her dad, I said yes so she went back to her old school, following week she came back to me, but she back with her dad again because of her school, I'm having alot of grief from him, his girlfriend should I bring my daughter back put her back to the original school.
Kiraike 30/04/2015 at 12:32 am
Hi, my son is three months old, and my ex partner although living in the same house was never been a hands on father, and almost never participated in his care and has never spent any time alone with my child. I have offered him contact in my house, as he had no where to live, as long as I am in the house. I have said that I will not interfere with their time together, but I'm worried that he knows nothing about caring for him, I said after a month when they've spent time together we can reevaluate the agreement. He said this is not good enough and that I can't stop him taking him out to spend time with him. I was wondering where I stand with this?
Doting Dad 29/04/2015 at 8:38 am
I have an acces order in place whereby I have contact with my daughter every Wednesday evening and every 2nd weekend for 3 nights. My ex wife is going on a hen weekend next month (on the weekend when I do not have contact with my daughter). While away she intends to put my daughter to her Grandparents for the 2 nights. I suggested my daughter could stay with me those two night but my ex wife refused.As I have aprental responsibility, could I insist that I care for my daughter that weekend?
ChildSupportLaws Editor 29/04/2015 at 2:00 pm
@Gobsmacked - I am sorry to hear this. I have included a link from Advice Now here which may help to answer your question and point your son in the right direction regarding what to do.
Gobsmacked 27/04/2015 at 6:52 am
Some advice please. My son was with his ex partner for six years. She was pregnant when they met and he has brought the child up as his own. They went on to have another child together, however she walked out two years ago. My son has continued to be dad to both children and has them overnight three nights a week, provides clothes, takes them on outings etc. she has just announced that she is getting married and has said as far as the second child is concerned he will obviously still be dad but they have asked him to stop being dad to the first one and become an uncle instead. Is there anything he can do? He treats and loves both the children the same and is devastated. Even worse he is very concerned about the impact this will have on the child.
Matty Editor 29/04/2015 at 11:26 am
@stac - if you feel your son is not being cared for, and you have spoken to him about the issues that are concerning you and have not had a result, you could stop your ex taking him and only let him see his son if supervised by you. You could either apply to do this through the courts, or if your ex was unhappy with your decision, he would have to take it to either mediation or it would be left to the courts to decide.
stac 26/04/2015 at 7:19 pm
Hi. I have a 3 year old and me and my ex have been spilt just under to years...and iv had nothing but hassle off him. If had to het a resident order out on him. He still sees him but my sons coming home saying hes not been fed or had a drink and my ex is letting my son go owt to play by his self were theres cars coming and going. I dont feel safe when my sons with him. And I need help what can I do???
ChildSupportLaws Editor 28/04/2015 at 12:01 pm
@Lofc - I have included a link that tells you when child maintenance payments will stop here. As far as giving him your telephone number, you are not under any obligation and you can continue to let your ex contact your son directly.
Lofc 25/04/2015 at 3:33 pm
My son is 16 and in his last year of school, he is due to start collge in September. His father (ex husband not divorced yet) has now told me that he will be stop paying maintenance when he finish school as he doesn't have to pay after that. Is this right? Also he is demanding that I have to give him my telephone number as a emergency contact. I don't want to do this as I'm not putting up with verbal abuse. I'm I within my rights to refuse, also he can contact my son as he has a mobile which his father pays for.
ChildSupportLaws Editor 27/04/2015 at 12:48 pm
@Mary - it sounds like you are in the US, and this is a UK-based site, so we know little about American family law. However, I suspect even if you asked this question to someone who was familiar with US family law, they would tell you it is impossible to predict what a court may decide.
Mary 24/04/2015 at 3:21 pm
My brother's unwed wife just took his kids out of school (one month before school year end) and left the state without letting him know. She threaten to harm the kids and himself a month before she took off, but he didn't report her. He only have his family member witness. He couldn't get a hold of his kids; he called their mother and left messages and text her to call him back so that he can talk to his kid but no respond. He called her family members but no pick up. He did consulted a family lawyer and report missing person on the first day that we couldn't find them. What are the chances that he will get custody of his kids?
Mummyof3 24/04/2015 at 1:59 pm
I've split from my children's father and moved away from the town where we lived. Only 10 miles in the next town. My ex has agreed that he will have the children every other weekend but when it comes down to me and my new partner being able to plan anything to do we cant because we never no what time the children are being picked up and what time they are being dropped off. Or sometimes he will text the day befor to say he can't have them due to him working. All this normally ends in a massive argument. So I've asked him to sign a piece of paper saying the times he's having the kids and the times he's having them but he's refusing to do this, I've told him he's not having the kids till he does this am I being unreasonable by doing this ?
ChildSupportLaws Editor 27/04/2015 at 10:38 am
@ataloss - I have directed you to the Ask The Police website, via whichIt will tell you that: 'if you feel that you are being harassed and you want to involve the police then you should contact your local police on a non-emergency number and they will take details. If there are any threats of violence towards you, you should inform them, and they will treat the matter with greater urgency. If you don't want to involve the police, you can see a solicitor who can, if necessary, begin civil proceedings. If your claim succeeds you may be awarded damages and/or an injunction. If there are any threats of violence then you are always advised to involve the police.' You can get more information via the website on the best way to do this. I hope this helps.
ataloss 24/04/2015 at 4:11 am
My babies daddie and I separated (I left) October 2013. Since then it's been awful. He would turn up unannounced demanding to see the children and wouldn't make arrangements. I then said lets do "daddy days" so we all know where we are. 9 times out of 10 he would return them late, even if by 10 minutes, to show he had control.
Anyway, he continually texts me abuse, from im a horrible mum to he wishes me dead and everything in between.

He is verbally abusive towards me in front of the children to the point where my 3yr old said "daddy shouts at mummy and it make's me sad".

I have stopped access as he is unable to collect the babies without being abusive to me, and it was having a detrimental effect on them.
I DO and have always said I DO WANT HIM TO SEE the children just not to damage them in the process because he can't control himself.

We had a mediation session which was stopped, I can only presume this was because he was shouting and angry as he wasn't getting his own way.

The babies are 2&3, he's had zero contact for the past 2 months then just turns up at the door unannounced demanding to see them. They then are unsettled again..

I don't feel comfortable in my own home, I drive past the end of our road to make sure he isn't there before I drive home? were out all the time, when we are in, we live in "lock down" so to speak, blinds / curtains closed in case he shows up shouting.

I have tried to appease him at every step.. I just don't know what to do.

Tonight he showed up, then went to my parents house to be abusive there too!
My parents are in there 70's!!

This is a grown man of 40!

I'm at a loss. I've tried everything.

Help ??
ChildSupportLaws Editor 23/04/2015 at 11:21 am
@G - the court don't take lightly to this form of parenting and unless her ex can present a very valid reason for taking the child. The courts order custody and visitation according to the child's best interest, so if her ex has decided to take the law into his own hands by taking the child and refusing contact with the other parent, especially as the mother has naturally been awarded parental reponsibilty and he didn't go through the legal route to apply for a residency order, then the courts will consider this action adverse to the child's best interests. Your niece really needs to get this sorted as soon as possible and really it should go straight to court where hopefully the court will rule against the other parent for playing tug-of-war with the child. She should also be allowed to take it to court to get an interm court order to at least have contact with her child. I hope this helps.
G 21/04/2015 at 4:56 pm
My nieces boyfriend did not return home with their child. When she rang him to ask how long he will be he told her he was leaving her, and that he and their 5 month year old child will not be returning.

The Police would not help, there was no on to offer advice and 4 days later she has been told that they need mediation to get access rights - she has been warned it maybe that at best she might get to see her through court arranged access. In other words in the next 15-16 years she might get to see her daughter for half a year in total. That's if he even agrees, as we all know how hard it is to gurantee access even if decreed.

The whole system is a mess, and seems to reward the parent who plans the breakup of the relationship best and has foresight to "kidnap" the child before the other partner is aware there are problems.
ChildSupportLaws Editor 22/04/2015 at 2:20 pm
@Snowflake - as specified in the article. Unfortunately in some circumstances, a father may take your child during agreed contact time and then refuse to bring them home again. If this happens and you are unable to negotiate with the father then you should call the police. However, the police may not be able to do anything. This generally comes down to whether or not the father has PR. If they do not, then the child is the mother's sole responsibility and the police may be able to take the child back to the mother. If the father does have PR, then in usual circumstances, they have the same rights as the mother to look after the child and therefore, so long as the child is not in any harm, the police cannot usually do anything about it. This can be understandably distressing for a mother. What can be done about it? You can apply for a residence order if you think the father may do this, which makes it official that you have care for your children. I hope this helps.
Snowflake 21/04/2015 at 8:21 am
I am a single mum of one and 30 weeks pregnant I am thinking if leaving my bf we do not live together but he is on my babies birth certificate when we have argued before he has said he will take my lb how can I stop this if I do decide to leave?
ChildSupportLaws Editor 22/04/2015 at 11:25 am
@van - I'm afraid you cannot force your ex to see your children and it is very unfortunate if he doesn't comply, as it sounds as though you obviously need some help here. All I can suggest is you asking if he would he attend mediation sessions. It does cost and he would have to agree, as it is voluntary. However, having a third party to try and sort out your dispute might help him realise that he needs to do more to help your situation and to see his children as a valuable part of his life. You can see if mediation may be for you via our Separated Dads pages, whichI hope this helps.
van 20/04/2015 at 12:29 pm
My ex partner is not coming to a agreement to when he wants to see his 3 children. He also does not want to have all 3 together due to 2 children having challenging behaviour
He has been having them individually once a week For about 3 hours
Have asked him to start Having them overnight, but is not agreeing on a day.
Where do I stand with this as he is on birthday certificate.
Do not know what else I can do he says I am controlling this.
If it went to court for him to see children what would be the outcome.
ChildSupportLaws Editor 17/04/2015 at 12:40 pm
@Dave - you may be able to self-litigate see A Guide to Representing Yourself in Court here. Many fathers are having to do this as they legal aid is very much in short supply. If you can do this, it is better saving your money trying to get back to the UK to see your children. Plus self-litigating gives you a good chance to stand up and say your piece in court. A lot of fathers are having a good deal of success taking this route. I hope this helps.
Dave 16/04/2015 at 6:22 pm
I am trying to get back and I understand the leverage she now has, I think it was a big shock that she has taken this route, when she knew my immigration status, she does not care much for my relationship with the children, does not nuture that relationship, the school is looking out for the welfare of the children, the british gov. Can give me a visa to return but its a very difficult process, I dont have much money to do this, but they have said the first step is getting a contact order in place as for immigration it has to be in place, but im battling to find a lawyer to help me in the UK on a pro bona basis. I realize im in a very sticky position, but im following the law with all its twists and turns and its not easy, the immigration clamp down is not helping my situation. She is in a better financial position earning pounds and having citizenship in the UK already. I have been reaching out for almost eight months now and its not as simple as picking up the phone to ask her to let me talk to the children, one other disadvantage for me is she is working for lawyers giving her free advice. Any more advice from your side would be very helpful.thank you Dave.
ChildSupportLaws Editor 16/04/2015 at 10:33 am
@Dave - the difficulty really for you here is the distance which is giving you ex leverage to think that she can extricate the children from your influence, given you are so far away. If you have parental responsibility then she cannot take that away from you. However, she can give her new partner a role to play in your children's lives merely by them living under the same roof. It is very hard to fight a court access case from another country, as for one it is very costly. Is there any way you can come back to the UK to try and fight your corner?
Dave 15/04/2015 at 10:45 pm
My wife had an affair and used it as a gateway out of our marriage, she took away my two children and moved in with her bf. I had to leave the UK due to immigration issues on my spousal visa. I did not contest the divorce and it went through recently, my now ex has cut me off from the two children aged 7 and 5, she claims her new bf is my childrens new father and role model and she also states she is well within her legal rights to protect the children from me. I raised and was the primary care giver to both my children as of 8 months ago and my ex just wants her new life with her new bf and is closing all access to my kids, ive asked to speak to her lawyer but she has no council. I asked her for a cafcass or any documents from social services, but she cant produce any of this to back her so called legal claim that i am a harm to my children. Can she just do this and or keep my kids or have them adopted by her new bf or change their surnames to hers if she marries this new man? She changed her email and contact details claiming harrasment but has not laid charges against me. I am trying to understand what she is trying to do to myself and my children. Im now 6000 miles away and have no way of supporting my children in my currency. Is she trying to take my rights as a father away? Any advice? Thank you. Dave
ChildSupportLaws Editor 16/04/2015 at 12:54 pm
@young mum - You don't initially. Once your baby was born, your ex would have to apply through the courts for both parental responsibility and to see your child. It depends on whether the courts view it as in the 'best interests' of your child, as to whether either supervised or unsupervised access is granted.
young mum 14/04/2015 at 11:25 pm
ive recently gotten out of an emotionally abusive relationship im 18 and 37 weeks pregnant he wont be on the birth certificate i just want to know where i stand hes threatened to have my child taken away from me its got to the point if im home alone i keep all the doors locked. do i have to let him see the child? as i fear id never get my baby back
whitsend 13/04/2015 at 5:56 pm
I had a few problems with my 13 year old daughter. She got in with the wrong type of boy. (Drug taking, poss in possession of a knife) I said no way was she seeing him. ground her, start to trust and she let me down again.
came to light she had been self harming. I took her to the doctors, school etc we had another rowl again about this boy! And she wanted to stay with her dad. ( I thought she'd soon be back) but no.
She has no room at his house (ssleeping on a sofa bed) he lets her stay with her friends ALL weekend. She is friends with this boy again on face book. Following lots of hardcore stuff on intersgram. Hes applied for her to move school (tto another county) and ive no imput at all.
I've said on numerous occassions I want her home. He won't! Im worried all the time as shes left to own devices. She won't talk to me/see me! I love my daughter and only ever wanted to protect her. I need advice as I seem to not have any imput.
Sal Editor 14/04/2015 at 12:58 pm
@Down - I am sorry to hear this. There isn't anything you can do really, as you can't force your husband to behave. But you can put a voluntary access agreement in place through discussing it with him and agreeing it and telling him that if he doesn't stick to it, he will have to regain contact of your children through the courts.
Down 11/04/2015 at 11:41 am
My husband (in process of divorcing) has been having an affair. The other woman has a reputation for cheating with married men. Yesterday, after only 3 weeks of knowing about the affair he tried to take my kids to her house. I've discussed it with my children and they won't nothing to do with her. Also he asked to swop access days this week because he had to work away but I've just found out he's gone to Dublin with her. Is there anything I can do. He clearly isn't putting his children first. Please help
ChildSupportLaws Editor 14/04/2015 at 11:14 am
@jenni - I am sorry to hear you are so unhappy with the relationship. Firstly, it is assumed that mothers and fathers with parental responsibility will have the best interests of their children at heart. So, I assume that your son is coming to no harm, but if you have certain 'reservations' you really should seek some external advice appropriate to your concerns. Can you not ask him to leave? Or do you have the option to leave yourself? You may find the helpline Family Lives useful, as it sounds like you could do with someone to speak to in order to clarify your situation and give you some useful advice on how to move forward. You can access its free helpline via whichI hope this helps.
Will Editor 10/04/2015 at 12:33 pm
@Shirley - if your son is not your ex's and he does not have parental responsibility, plus your son does not want contact, then your ex will have no influence on the courts and he wouldn't be granted a contact order.
jenni 10/04/2015 at 12:15 pm
I really need some advice , I have recently split up with my partner but we still live in same house , I ended the relationship aft months of stress and his bullying towards my daughter , his stepchild ( who has now left few months ago to live with her biological father due to how unhappy she was cause of my partner , we have a 2yr old son together and I'm currently 34 wks pregnant with his 2nd child , I'm on medication for depression and anxiety due to him and my life is hell , the problem is he takes my son out the house and won't inform me where he is taking him , who with , and when he will return , this is making me ill and I surely have a right as the child's mother to be kept informed but he blatantly ignores me and know how it upsets me , I also have concerns to him being with my son due to certain reasons and it's killing me , I feel I have no choice but to see a lawyer , health visitor and my GP , I need some legal advice on where I stand and if he can just take my son away without me knowing about his welfare etc , the whole situation is making me ill and I want to cut all ties with him , I.e living arrangements, financially etc , if someone can help I would appreciate it , thanks .
ChildSupportLaws Editor 09/04/2015 at 12:45 pm
@Goodhusband - I am sorry to hear this and it must be a very difficult time for you. Is this something you can overlook for the sake of your daughter? Sometimes what happens over Facebook doesn't translate to real life. You say that she is having 'relationships' with men and girls, is she just talking to them? Perhaps she is lonely or bored and may need something else to occupy her mind. Is there anything she would like to do such as a course, or hobby you might be able to encourage her to do? A lot of people resort to Facebook because there is nothing much else going on in their life and it is their way of engaging with the outer world. I think before you split up, it might be something you can work on between you. Perhaps you could ask her to attend marriage guidance counselling such as Relate, I hope this helps.
Shirley Short 08/04/2015 at 4:36 pm
My ex is seeing his daughter and taking me to court to get rights to my son he is not the biological parent and his name has been removed from birth certificate my son want nothing to do with him and has told the judge he is very sure of his feelings but the ex won't take no for an answer my son told the judge he would run away if they try making him where do I stand
ChildSupportLaws Editor 09/04/2015 at 2:01 pm
@l1979- if he can't abide by the arrangement, you can either sit down and talk to him rationally about this and warn him that you wont tolerate him messing you about. If you want a more official arrangement then perhaps you could go through mediation. I have directed you to a link via our partner Separated Dads pages: Mediation: What is it and is it For Me? whichIf you don't think either of them are suffice, you would have to try and make the order through the courts. I hope this helps.
l1979 07/04/2015 at 5:17 pm
Relations between myself and my babys father have broken down, I have always be flexible with contact as I believe that fathers deserve to see their child, but recently he has been cancelling with not much notice and dropping and ppicking up tthe child off with only 20mins notice so I can't make any arrangements. Does he any legal rights to force me to let him do this? Would like to put a proper arrangements in place which is suitable for both of us and not just him is this possible
ChildSupportLaws Editor 08/04/2015 at 2:13 pm
@Jim - it is quite understandable that your ex is upset, as she may not be maternal by nature, but that does not mean she loves her daughter any less, or wants to be separated from her. You have to agree that 250 miles is a long way and access invariably will be restricted. Your ex can apply through the courts for a Prohibited Steps Order which is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area with their children.
Jim 06/04/2015 at 9:38 am
Hi. My wife and I are separating. We have agreed that I will be the custodial parent as a) her job means she works very long hours in the week, b) she is committed to the gym/running in her spare time and parenting gets in the way, c) she has admitted that she is not maternal by nature, and though she loves our daughter this is one reason she has become so unhappy in the marriage. This is sad but workable. However, relations are now breaking down because I want to move myself and my daughter 250 miles away to be back with my wider family network (still in the same country - England) Yes, this will be better for me, but it will also be better for our daughter to have a loving extended family nearby. I have not and will not impede access for my ex-wife. Am I being unreasonable, and if my ex takes this to court, is she likely to be able to prevent me from moving my daughter (and by extension myself) 250 miles away?
ChildSupportLaws Editor 08/04/2015 at 12:11 pm
@Petra79 - if she feels it is not in the best interests of her children to move away then she can apply for a A Prohibited Steps Order (PSO). This is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area with their children. I hope this helps.
Petra79 05/04/2015 at 2:04 pm
My sister separated from her partner with whom she had two children both born before dec 2003. The boys have remained with their dad since that time. It has come to light he is due to move away this week with the 2 children and refuses to tell my sister where. Please advise.
ChildSupportLaws Editor 07/04/2015 at 12:19 pm
@illalogic - if you are not on the birth certificate you would have to apply for Parental Responsibility, It also tells you how to apply for a contact order in conjunction. However, obtaining parental responsibility does not guarantee you access or contact to your child, that would be up to the courts to decide. I hope this helps.
illalogic 03/04/2015 at 7:40 pm
My partner (who is a women) has left with our 8 day old baby and is not talking to mewe havent even registered our baby girl yet, what rights do I have? Please help
Honey87 02/04/2015 at 11:49 pm
I split up with my ex partner who I have a 2 year old boy with a year ago as I found out he was doing the dirty, so by rights kicked i him out. And ever since we've split he's been nothing but verbally abusive and calling the shots. He has sent me some really vile messages, which I have shown the police and I have also seen a solicitor about, but unfortunately there's not a lot they can do unless he becomes violent. It's got to that point now where I want to move away and start a fresh, but what rights has my ex got? Can he stop me from moving away? I just need to get away as this isn't just affecting me, it's also affecting my 2 year old and 10 year old (from a previous relationship) they don't want to hear all the shouting and screaming he does, it's not fair on them. I would be extremely grateful if someone could give me any information about this matter. Many thanks. :)
mamaD123 02/04/2015 at 6:23 am
Hello, i have a question that i really need to be answered. I was in a relationship with someone for 3 years. We now have a 7 month old son together.. My ex is a very abusive guy, he is 20 years old, and he was abused as a child as well as his little sister. Their mother controls their every move and they all drink and abuse drugs. My baby's father was just charged for spousal abuse three days ago, and now i am aware he abuses methadone, marijuana and alcohol all day, every day. He refused to provide for our child when i was pregnant, and he still refuses to now. I havent went after custody or child support yet because i wanted to make this as easy as possible for my little boy. I do not want my infant seeing his father anymore due to the fact, he has gotten into these many bad habits and it is not safe for the baby to be around his dad. How can i make sure i get sole custody and justin stays out of the picture? Or has suprervised visits pending a weekly drug test? Children deaerve the best and they do not need to be around these circumstances. Please help me out!
hadit 01/04/2015 at 4:11 pm
My ex wife has called all the shots with regards to dropping off and picking up times. I have told her I will be picking my daughter up an hour later on a Sunday morning but she refuses because she has to go to the gym! I have let her move the time that i drop her offf from 5 to 6 now to half 7 in the week so she can go to the gym. Her life revoles around the gym but I will not let mine. Is there anything I can do about her demands.
ChildSupportLaws Editor 31/03/2015 at 2:33 pm
@im scared - I am sorry to hear this. There is really little you can do to stop her preventing you from seeing your son, except if this should happen you would have to take this to court and apply for access. It will help if you have a two-bedroomed home to have your son stay over if/when this happens, as it will help through the courts. But let's hope that this won't happen. However, I cannot understand that she can blatently live with you under her roof and claim as a single parent. Surely she must know that if the DWP caught up with her there would be evidence of you living in her home and surely, you must have questioned how the rent was being paid and where she was getting her money from? You will have to be careful here as you too could be implicated.
im scared 29/03/2015 at 5:22 pm
hi, I really need some advice.

I am engaged to my partner and have been for 10 years. We now have a 5 year old boy (who is my entire life) and I have recently found out the following:

1, the home we live in for the past 3 years she has informed social security she lives here alone and is a lone parent. Which is not the case

2, I have found that she has been cheating for the past 2 years if not longer and have proof of this too.

She is not aware that i know the above and obviously my love for her is very much at the end. As I see the continual texts etc to her new partner. But now knowing that I am not on paper living with her and that she is a single parent i am to scared to have this out with her until I have found another home.

So I am looking for a home so that I can end this so called relationship. But when i do get another place and inform her that I am aware of what has been going on and that I don't want to be with her. I'm so scared of what she could do to stop me from seeing my amazing little boy who loves us both and he is obviously not aware of what's going on.

I'm so scared, the one thing I can't lose is my little boy. Is there any advice someone can give me? If there is something I can make her sign while we are pretending to be happy or anything that will stop her from doing anything that will stop me from seeing and having my boy.

I don't want to take him away from her, but I don't want her to take him away from me. It should be 50/50 and don't really want to settle for less.

I am by my side with worry. Hope to hear from someone soon.
Many thanks
ChildSupportLaws Editor 31/03/2015 at 1:41 pm
@Sam - I am afraid we cannot answer this as we are a UK-based site and have no knowledge of South African family law.
Sam 29/03/2015 at 1:46 pm
My husband was very abusive n always a joller,I hav 2 kids with him. He is 35 n left us 4 a 16year 2n a half years ago...now he is living wid her since she has turned 18..he made her run away frm home. They both consume alcohol n all together. I hav always allowed him to c da kids n he givs me R1500 a mnth towards em for da past year. N now he says he wants to take dem away to live with him! I'm very concerned wid this issue I'm a non alcoholic n always do wats in da best interest 4 my kids n I know dis will not b a good thing 4 dem 4 a long tym I lived wid being afraid 4 my lyf n I dnt want my kids to go through his violent nature n make em suffer! I hav neva tawt my kids bout his bad side always tawt em to respect him but I'm very afraid of how my kids lives will turn out if he fyts 4 dem, most of da kids we're put on drugs in his fam frm such young ages n my kids r 6 n 3!!!I'm really concerned pls help
Matt Editor 30/03/2015 at 2:32 pm
@Phil - child support and access are not relevant to each other. Many mothers think that if you are not paying child support then by rights they can keep your child away from you. However this is not the case and you can take it to court to have your access re-instated. If you do this, keep in mind that the court may try to enforce your child support though if you haven't been paying.
Phil 28/03/2015 at 5:31 am
If I've been behind Child support payments is it legal of the other parent to keep the child away from me?
ChildSupportLaws Editor 30/03/2015 at 10:40 am
@ChrisDy - if you have been their main carer then you may want to take this back to court to apply for a full residency order alongside PR for your son. If the children are settled then the court are less likely to move them as it will decide on what is in the children's best interests and that is as a rule consistency. Taking it to court won't guarantee you residency, as changing a child’s residency arrangements is possible. However, in order to support the change, substantial evidence of the reasons why will need to be submitted. However, the court will make a more concrete decision that if it goes in your favour will put a stop to your ex trying to disrupt the children's lives. I hope this helps.
ChrisDy 27/03/2015 at 12:16 pm
Im the father of 3 children and have been their main carer for the last year. I have PR for my two daughters but not my son. She is saying she wants them to move in with her next week and i can only have them alternate weekends. What can i do ?
ChildSupportLaws Editor 27/03/2015 at 12:52 pm
@lea - it is a very good question. If you do not want your children to go to your ex should anything untoward happen then you can appoint a legal guardian via whichI hope this helps.
lea 26/03/2015 at 2:56 pm
if my children have my boyfriends last name if anything was to happen to me would he have the children or if i put for my parents to look after them in a will would they go to my parents
need my girl 24/03/2015 at 9:35 pm
I have had a nightmare seeing my daughter. To cut a long story short I went to court 2 years ago and got PR and a contact order, my daughter is 13 this year and her mother is near on neglectful (leaving her alone at night baby sitting her siblings etc) - she is getting into so much trouble at school and going down hill fast I want her here with me and my family. She will thrive here. I don't have money for court, can I just have her my weekend and not return her? My daughter wants to live here with us also.
stepma 24/03/2015 at 7:22 pm
My partner's ex has made it all but impossible for him to see his kids. All she appears to be interested in is money.
According to the law my partner has PR, they were married at the time the children were born. We tried to arrange mediation, but she refused saying she'd never stopped visitation. However, we have no idea where she lives, she moved & won't say where, & she won't consider meeting us halfway with the kids. Where do we go from here?
ChildSupportLaws Editor 26/03/2015 at 10:11 am
@Charlie - yes, you can apply for a Specific Issue Order to make sure his access is more ordered. You can read about Specific Issue Orders via our Separated Dads site here. The courts may want you to attend mediation first in order to work it out between you, but if you can't agree, or you want it made more official, then it will be left to the court to decide. I hope this helps.
Charlie 23/03/2015 at 8:48 am
My ex has pr but had been emotionally abusive since split, he refuses me access to my belongings unless I pay for them, he gave the family cat away even tho my family travel 60 miles to collect him, he had threatened to have me assaulted, he has threatened to dump belongings at my work place. He swaps days etc that he will have my daughter to mess my work plans. Will I be able to get an order stopping him from just walking in and collecting her from nursery?
ChildSupportLaws Editor 25/03/2015 at 2:32 pm
@Me - you can apply for a Prohibited Steps Order through the courts. If you have parental responsibility, your ex needs your consent to move away. If she is planning this without your knowledge, then a Prohibited Steps Order (PSO) is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area with their children. I hope this helps.
Me 22/03/2015 at 11:02 pm
I've split with the mother of my two kids about 5 months ago. She is planning to relocate to be with her new partner about 500 miles away. What rights do I have. I can't let that happen. All this is being arranged behind my back. Any help would be gratefully appreciated
ChildSupportLaws Editor 25/03/2015 at 12:04 pm
@Mummy - if you are not happy with the situation and you can't discuss your objections with him directly then you could try mediation. Mediation is a series of sessions with a trained, neutral mediator to sort out the issues you can't agree between yourselves. It will cost, but it is less coslty than taking it through court. I hope this helps.
Mummy 22/03/2015 at 4:35 pm
Me and my ex broke officially 2 months ago he regularly changes the day he see her. Will tell me off if I'm late as he lost 5 minutes of time with our daughter, but today he picked her up and dropped her off with his mother so he could go to football. I am really angry as I would not leave my daughter with his mother. What can I do
ChildSupportLaws Editor 24/03/2015 at 2:08 pm
@Jenny - there is actually nothing he could do apart from take the matter to court and try to get a residency order, as the police are unable to help because as you have parental responsibility and he doesn't. However, if you take this approach it may backfire if he takes it to court. You would be wiser applying officially through the courts for contact etc. If any of your children are over the age of 11, they will be allowed an opinion on where they want to live. Before it goes to court, Cafcass will get involved and construct a report and the court will decide where the children should live on the basis of that report and what is in their best interests. I hope this helps.
Jenny 21/03/2015 at 2:30 pm
Me and my fathers kids broke up nearly 6 years ago but due to personal cercomstances he's had the kids ever since and he's not willing to give them back to me even tho my kids keep saying they want to come an live with me but his currant girlfriend is controlling and I am not allowed to have any contact with my ex not alowd his number ect and she controls my kids an my kids say they hate her (don't blame them so do I)anyway he has no parental rights or anythin he's not even on there birth certificates if I chose to have the kids an not give them back to my ex what can he do about it or can't he do anything thank you please someone reply
Kathy Editor 24/03/2015 at 1:46 pm
@Shaz - you do not have to let your son go if you do not wish. Your ex would have to apply for a contact order through the courts and it could be either sorted out via mediation, or, if a solution was not reached between you and your ex through this process, then it would be left up to the courts to decide what sort of contact he can have.
Shaz 21/03/2015 at 12:59 pm
My ex hasnt seen our son in 3 weeks now he's saying he wants him 3 nights a week he's on the birth certificate as well what can I do has I don't trust him to be alone with our son he's never really done anything For our son I've done it all he's also attack me I don't want him to take my boy but what can I do to prevent this
ChildSupportLaws Editor 23/03/2015 at 2:28 pm
@Kids come first - it is up to you whether you let them stay overnight and if you don't feel comfortable with the arrangements then you should talk to him directly. However, you say it is only a shared kitchen, does he have a decent sized room of his own and a certain level of privacy? If it does, that wouldn't seem too bad. If it still doesn't feel right, you might want to suggest going to see it first before you agree on any overnight stays.
ChildSupportLaws Editor 20/03/2015 at 12:24 pm
@missingmybabygirl - you would have to arrange with your ex regarding seeing her. What you don't want is to go to the nursery and see her against your ex's wishes at this crucial time, as it could be mis-intepreted through the courts, and could give your ex extra leverage for stopping contact.
Kids come first 20/03/2015 at 9:55 am
Me and my ex have a 15 month old daughter and our son is due in 2 weeks. At tho moment he sees our daughter every other night for a few hours and the weekend day he has her all day. He currently does not have a place to stay, (stopping where ever he can) he has found a place but it has a shared kitchen, is it exceptable for him to take our kids there and for them to stop over night? I don't like the idea. Obviously baby won't be for a good few months. He can't leave them on there own while he goes get things food drinks etc and he doesn't know the people who he will be living with. Would never stop him seeing them just I don't feel comftable with this.
ChildSupportLaws Editor 20/03/2015 at 2:22 pm
@ericamac23 - In theory your daughter should have gained her ex's consent or taken it through the courts to gain permission before moving away. Given he has parental responsibility he does have rights, regardless of whether he has paid maintenance or not, as financial issues have no bearing on this. However, now she has moved away it is unlikely she will be repatriated back to Liverpool as she has presumably good reason for returning to Essex. However, it is not a guaranteed result and the court will ultimately decide what is in the best interests of the child. It is up to your daughter to prove that the best interests of the child is to remain with her family in the south. I hope this helps.
ericamac23 18/03/2015 at 8:40 pm
Wonder if anyone can help my daughter moved in with partner in liverpool and even rho was strained relationship they had a baby 7 months ago. A month into the baby they split coz he cheated and she came home to us in essex . Been loads of problems with the dad and since the split he not been to see baby and does not pay csa even tho ny daughter has begged him to see baby. Today he has contacted her and has informed her that he has applied to a court in liverpool to nake her move back to liverpool si he can see baby ... can he do this has my daughter us terrified of this
ChildSupportLaws Editor 19/03/2015 at 11:10 am
@steph - you would have to let him take you to court. However, as part of the court process Cafcass will get involved and you can voice your concerns then. Have you decided whether you are puttting him on the birth certificate? If you do, he will have parental responsibility which will give him more rights, but not necessarily access rights. As specified in the article; where a father has not automatically gained PR, the mother does not have to add the father's name to the birth certificate. However, this will not stop the father from being able to apply to the court for an order, such as a parental responsibility order, which may result in him acquiring PR. If he applies through the courts he will be granted some rights and it will also mean that he will be financially responsible for your child through child support. The courts, with the help of Cafcass, will decide whether granting him access, whether supervised or unsupervised, will be in the best interests of your child. I hope this helps.
steph 16/03/2015 at 9:20 pm
I'm currently 22 weeks pregnant and my ex partner is currently in prison for a burglary charge, he says he taking me to court for full access to our child. Also he takes drugs and drinks and has been into with the police since a young age. There has also been domestic violence and abuse within the relationship although this didn't get reported as I was to afraid to do so. What can I do if anything to help my case so he doesn't have access to my daughter? Thanx
ChildSupportLaws Editor 18/03/2015 at 2:39 pm
@Jimbo - You need to put the procedure in motion from our partner Separated Dads article; When Your Ex-Partner Denies You Access, whichI hope this helps.
Jimbo 16/03/2015 at 4:17 pm
The information here is very useful but also very mother oriantated. Is this the same for a father that has pr or not. my ex has kept my daughter away from me for 2 weeks now and is refusing access. what can i use from this to help me, the same as a mother with pr or is it different. cheers James
Alex Editor 17/03/2015 at 3:06 pm
@Joe - your ex doesn't have to tell you her address by law.
Joe 15/03/2015 at 2:44 am
My wife and I have been separated for a couple of months. We have come to an agreement Out of court of when I can see my daughter. As she is now living in the iow but won't tell me where abouts it is she has moved to. Do I have any right to know? Thanks joe
Nick Editor 17/03/2015 at 1:53 pm
@Dave - you will still have to pay child support, unless your own circumstances change, the payments are likely to stay the same as they are based solely upon your income. It makes no difference that she is getting married.
Dave 14/03/2015 at 3:36 pm
I have split with my ex partner we was never married. She is soon to
Marry her new partner. We have an arrangement regarding payments. Will any of my rights change or payments change when they get married
Jack Editor 17/03/2015 at 11:57 am
@Bubbles - it is never really a good idea to keep a child away from a parent whether that be mother or father. The issue it seems is not with the mother, but with the grandparents here, so I don't see the issue of keeping his daughter away from the mother, especially when they have agreed to a 50/50 split, that relationship could break down if the trust is broken between the parents. If he wants to apply for residency, he should do so legally through the courts. If he keeps the child, it becomes a tug-o-war with the child in the middle and suffering unnecessarily. I'd keep with the same arrangements with the mother and deal with the grandparent as a seperate issue. If he has to take it through mediation or the court then fine, but don't take his frustration with the grandparents out on the child.
Bubbles 14/03/2015 at 9:04 am
My son and daughter in law have been separated for 4 months and are going through divorce. They both have parental responsibility. They have their daughter 50% each. Last night my son had his daughter at his flat as was his set day. His wife and father law turned up and the father in law assaulted my son and myself in front of my 2 year old granddaughter. The police were called and he was arrested. My son is due to hand over his daughter to his wife this pm. Can he keep hold of her without getting into trouble ie them calling the police. Can he get an emergency residency order. He would want the mother to have access to his daughter but not the grandparents as they have both been verbally aggressive to my son for no reason and my son is concerned about the risk and emotional effect being with the grandparents is having following last nights attack. Please help as in a very desperate situation
Gel Editor 16/03/2015 at 12:01 pm
@mima - you can certainly specify that you don't want this to happen and if he doesn't agree you could apply for a specific issue court order to ask the courts if they can ensure his parents supervise your daughter's care.
mima 13/03/2015 at 4:59 am
My daughters father is a drug addict I leave him have access on the terms that it is with his parents supervision.i have now found out that he has been taking her to his new partners house I do not feel that my daughter is in safe hands can i stop his access.
munchkyne 03/03/2015 at 4:42 pm
My daughter lives with her dad (we never married but split when she was one and lives with her dad as at the time I couldnt support her financailly) shes now 9 and been saying a lot how she is unhappy and wants to live me and my husband and her brother and sister. Every time I have tried bringing the subject up with her dad he said no she stays where she is not thinking its what she wants not what he wants and gets very upset about going back to her dad and stepmums. Its now coming down to he avoids seeing me and sending his wife to pick our daughter up from when I drop her back from her weekend over. What can I do as I hate seeing my daughter so low and upset.
stew 02/03/2015 at 9:53 pm
ive been paying child maintenance for the last 5 years without fail. But due to unforseen reasons I have taken total responsilty of my children now, so should my ex pay me child maintenance from now on.
ChildSupportLaws Editor 27/02/2015 at 10:21 am
@Youngy - you would have to get permission from your ex and if he should wish he could apply for a prohibitive steps order through the courts. As specified in the article, the court will take into consideration, what is best for the child and the feelings and wishes of the child. This is considered according to the child's age and understanding and your daughter is old enough to be able to have a say in this decision and her opinion will be taken seriously through the courts. I hope this helps.
Youngy 25/02/2015 at 10:46 am
My daughters father (we were never married) and I separated immediately after her birth. She is almost 15 now. He has made no effort to contact her up until 6 months ago, when my daughter contacted him. My husband, who I have been married to for 11 years, along with our other two children has been and is an excellent to father to our children. My daughter calls him 'dad', has recently got a job in Dubai, and we are all wanting to move there for a couple of years. Even though my daughters biological father has never bothered to be in her life or helped maintain her, he was granted parental responsibility by the Court. Do I need his permission to take her to Dubai to live? Any advice please thankyou.
Erin Editor 26/02/2015 at 3:08 pm
@emma - you are in a difficult position with regards trying to both get maintenance and residency as you do not have parental responsibility and/or are not the legal guardian. It sounds terrible with what you are having to put up with. Can you not apply for carers allowance? As it really sounds like you need some help. Erin.
emma 25/02/2015 at 8:14 am
I am the new wife and have been looking after my husband 3 children 13 15 17 for more than 4 years. Not my husband or his ex wife is paying a sent towards the children, and one child is disabled and has medical bills and special needs 24/7, nobody helps me, so i have made a case at the maintenance court. Do you think something will come out of this, as I am tired of taking all the stress on myself. I am also thinking of divorcing my husband but keeping the children with me, as they want to stay with me. Any good lawyers and any ideas how to put this on the table. Not the mother or the grandmothers help with anything.
ChildSupportLaws Editor 26/02/2015 at 3:03 pm
@geno - please see our partner site from Separated Dads: When Your Ex-Partner Denies You Access, whichYou would need to go through the process listed in the article. I hope this helps.
geno 25/02/2015 at 8:09 am
how can i get help with my childs mother keeping my to daugthers awax from me but still want me to help her with support but she abusing my rights to be there for my children
ChildSupportLaws Editor 26/02/2015 at 10:37 am
@Pat - I'm not quite sure what you are asking here, so I would need some more information in order to answer your question properly. However, the father’s full name and occupation are required if the father’s name is on the birth certificate and usually some evidence is asked for in order to make sure the details are correct. It is an offence to give false information to the registrar.
Pat 24/02/2015 at 9:01 am
If a father puts only part of his name on a child's birth cert - ie if his name is Fred John Bloggs and he puts the name down as just Fred John on the certificate - does Fred Bloggs have PR or does the non existent Fred John have it
I am thinking that as it was put that way to avoid ever having to pay CSA as the couple never lived together
Tom Editor 20/02/2015 at 11:30 am
@lulu - I don't think on an issue like this they will take your children's opinions into consideration. But if your ex hasn't had any contact with your children out of his own volition, then the courts may be more inclined to allow you to move.
Sally123 Editor 19/02/2015 at 1:30 pm
@Heather - I hope that is the case and he stays away. But if he doesn't is there any way he can have the baby without me being there. Like is there a law that says the parent has to have the baby on his own and the mother cannot be there at all?
lulu 18/02/2015 at 7:59 pm
Myself and my children who are 8 and 10 would like to emigrate to Australia to be with close family. I had a bad split from their dad 4 years ago. He had contact for a year or so but was never consistant. Sometimes he wouldn't even turn up when he had arranged to. My children finally got fed up with this and decided they didn't want to see him anymore. He hasn't seen them for nearly two years and they've not had so much as a Christmas card through the door. I don't think he will give me permission to take them purely due to spite. I was wondering if I had to take him to court would they take into consideration my children's wishes or are they too young? Thanks in advance
Heather Editor 19/02/2015 at 12:32 pm
@sally123 - he will have some rights if his name is on the birth certificate and he has parental responsibility - in which case he may try and get access through the courts. Hopefully, if he's as nasty as you say he is, he'll not be interested and leave you alone.
sally123 17/02/2015 at 9:28 pm
Me and my boyfriend split up a month ago, he walked away and left me 4 and a half months pregnant, he was very nasty about the situation as were his family (they are muslim and I am christian) I am scared that he will try to come back and take our child in the future and I am scared since he has made direct threats to our babies life and wellbeing and has said he hates the baby and me for being pregnant. I want to know if there is any way he could ever take the baby without me being there? As I do not trust him one bit with our child.
ChildSupportLaws Editor 19/02/2015 at 9:55 am
@candybums - the mother can give the child the same surname as the father if she wants. She does not need the father's consent. I hope this helps.
candybums 17/02/2015 at 5:41 am
My husband, who was my fiance at the time he impregnated his ex wife. The ex gave birth 3 days after we got married. She refuses to change her surname from ours so I just wanted to know if the baby's surname is also pyne and if my husband's name appears on the birth certificate when he didn't sign anything?
ChildSupportLaws Editor 18/02/2015 at 2:21 pm
@Ben - Sorry to hear this. You could apply for a prohibitive steps order if you are unhappy about the situation. If you have parental responsibility and you don't think it is your child's best interests then it may be the best route to take. I hope this helps.
Ben 16/02/2015 at 10:35 pm
Hi my daughters mum has just dropped the bombshell that she wants to take my daughter with her to live with her new partner (down south) I don't have any issues with the moving part it's the 4 hour journey away and I'm basically left with the accept it or go to court options either way I don't think I can do anything about it. Is there anything help or advice you could give me please?
ChildSupportLaws Editor 18/02/2015 at 2:00 pm
@Kate33 - you do not have to attend mediation. However, if you don't and your ex wants to take it to court, then he can. He must have given a reason why he wants to take you to mediation and the new terms he is looking for? You have two options; you can either consent to the mediation and try and sort it out between you, or it will be left up to the courts to decide. I hope this helps.
Kate33 16/02/2015 at 8:55 pm
Hi my ex wants me to go to mediation over access for him to see our child. I'm not sure why I have to go has he has access to him every Wednesday for a few hrs and every other wk end, I have a feeling he just wants to take me to court for whatever reason! I went to mediation today by myself and I told her I wasn't sure why I was there it was pointless and a waste of my time and money as my ex has reasonable contact. I can't afford £195 per session! Can he still take me to court? I had to call the police last week on him as he is harassing me, I didn't want them to do anything just to log it. We both have lawyers but his has advised mediation. Can someone help please?
ChildSupportLaws Editor 18/02/2015 at 12:11 pm
@Betty2012 - legal aid is pretty hard to come by these days. But each case is different, so I'm afraid we couldn't advise on this.
Betty2012 16/02/2015 at 4:31 pm
I know you can legal aid if you are on benefits for mediation with regards to children. What if one one party does not agree to mediation and they go straight to court, do you still get legal aid?
Thanks in advance
ChildSupportLaws Editor 17/02/2015 at 12:56 pm
@Paul - I'm sorry to hear this news. If you wanted to try to obtain custody then you would have go through the court of law. You would need to use Children Act form C1 which is readily available from the HM Courts and Tribunal Service website. The order that you will be seeking from the court is a ‘residence order’. However, the best and most effective way to parent any child is through mutual agreement, so perhaps once the dust settles you could come to an agreement with your ex regarding what is best for your daughter. I hope this helps.
Paul 15/02/2015 at 12:21 pm
Hi
This week has been the worst week of my live my fiancé said she does not love me anymore and has moved out to her mums and taken my 2 year old daughter with her she is sharing a bed room with the mum and her sister and living in a travel cot. I want to know why she has the right to move out with my daughter when I think my daughter would be better at home with me I do have PR.
Thanks in advance
Adam
Debs Editor 17/02/2015 at 11:20 am
@Lainey1987 - Usually the other way around and it is the mother that is stopping access. I suggest you give him an ultimatum and sit down and try and organise set times for him to see her. Put it in writing to him once agreed and say if he reneges on the arrangement without prior warning or enough notice, then you will stop access and he will have to take you to court. If it goes to court then the court will enforce set times.
Lainey1987 14/02/2015 at 9:14 pm
My ex hasn't seen our daughter since Christmas day 2014... He seen her for 45 minutes! He works away but has 3 weeks home at a time! During his most recent 3 weeks home he didn't once get in touch with regards to our daughter, and instead took a weeks holiday to France and ignored her the rest of the time! He came home yesterday again for the next 3 weeks home and still hasn't been in touch! I don't know what to do anymore! I don't want to stop access but I feel he is traSting my child unfairly, and she's starting to notice his absence! She's 5! He would rather spend his weekends getting drunk than spending time with his child. And on more than one occasion when he's had her for the weekend I've found him out and drunk in the pub and he's left his girlfriend with my daughter! Whom I've also had problems with! I need advice!
ChildSupportLaws Editor 13/02/2015 at 1:56 pm
@Emma - you will more than likely be asked to go to mediation first and then if you can't agree access terms then he may be able to pursue his requested terms through the court. If you say you have never stopped him having access, could you not write him a letter stating this and then come to an agreement between yourselves? I hope this helps.
Emma 12/02/2015 at 3:47 pm
Hi. My daughters dad hasn't seen her since 24.12.14 (his choice) if he wants to see her he has to contact my mum due to the nature of our relationship (not civil at all) But he's now threatening to take me to court to get access even though I haven't ever stopped him. Will I still have to go to court about this? Thanks in advance
ChildSupportLaws Editor 11/02/2015 at 2:48 pm
@Natalie - I have included an article regarding child custody rights whichIt may be that you need to take it to court or apply for a prohibited steps order which may be able to put a halt to your ex taking your son to live with him without your consent. At the same time you could apply for a residency order if you want to apply to have your child to live with you. It may mean you would have to go to mediation in order to try and work it out between you and your ex. If you can't come to an agreement, then the courts will decide what is in the best interests of your child. I hope this helps.
ChildSupportLaws Editor 11/02/2015 at 12:19 pm
@james - There is no reason why you can't take this to court if you think your son would be more settled with you. In making a residence order, the court will consider a number of issues which are laid out in the article Applying for Custody: Court Procedurehere . I hope this helps.
james 10/02/2015 at 8:30 pm
Hi I have a question I have my son Wednesdays till Saturdays, I also have a stable home for him where he has his own room and a good place to grow up, his mother left and went to her mother's where she is now living with her mum and her sister in a one bedroomed flat in another town, his mum sleeps with her mother in the bed while my son sleeps by there side is a travel cot, her sister sleeps on the couch, what are my chances of keeping him in a stable home where he has his own bedroom and not in a travel cot in a one bedroomed home? And also better for school etc? He was born into this house it's only fair to keep him in his own home isn't it? Until his mum sorts him out with her own place? His doctors and that are also down here Obviously but she now wants to change them to up her town, contact between them wouldn't stop, I'm just basically wondering if I had more parental responsibilitys then her in this situation Thanks in advance
I'm also due to go back to work soon and I wouldn't be able to see him until Saturdays only as no buses on a sunday
Any help please?
Barry Editor 11/02/2015 at 11:40 am
@Chellie - you may be able to take him to court to get a specific issue order if that would help.
Chellie 10/02/2015 at 6:53 pm
I'm getting married in five months and have asked my exhusband to have his children for ten days whilst Im on honeymoon. He has stated his girlfriend 'may' be taking him away as she likes to surprise him. I've asked him to check with her and contacted her direct but they are both ignoring me - happy to take him to court - what can I do realistically? Many thanks
Natalie Burns 10/02/2015 at 1:45 pm
Hi I am the mother of one little boy age five my ex husband took my son to stay with his mum and dad I left due to physical and mental abuse I have chronic depression and have done for yrs now mostly due to my ex so anyway I have reported him to the police once in all the time we were together and that's when we split. I am asking this because I want residency of my child because now he has met someone and threatens to take him out of the grandparents house and to hers she already has 4 kids In a three bed house and the story is she has moved all the way ere because she had trouble with a drug dealer her house is mucky ect what can I do to make it that I get residency plz help.
Neil Editor 10/02/2015 at 2:29 pm
@Curtis - you have no obligation to support your ex if the children are living with you.
Curtis 10/02/2015 at 10:36 am
I'm the father and my 3 children live with me and I have child benifits in my name also , my ex wife now claims even though she left us for another fella and left me to raise my children she says I have a duty to support her financially until we're divorced which is going through until she remarries , to b honest I've never heard so much balls in all my life , could someone enlighten me :)
james 06/02/2015 at 5:27 pm
Hi I have a question I have my son Wednesdays till Saturdays, I also have a stable home for him where he has his own room and a good place to grow up, his mother left and went to her mother's where she is now living with her mum and her sister in a one bedroomed flat, his mum sleeps with her mother in the bed while my son sleeps by there side is a travel cot, her sister sleeps on the couch, what are my chances of keeping him in a stable home where he has his own bedroom and not in a travel cot in a one bedroomed home? And also better for school etc? He was born into this house it's only fair to keep him in his own home isn't it? Until his mum sorts him out with her own place? Obviously contact between them wouldn't stop, I'm just basically wondering if I had more products then her in this situation

Thanks in advance
PeanutButter 05/02/2015 at 9:33 am
I left my ex due to mental and emotional abuse but I have never stopped him seeing our son. My son and I are settled in nice town and have a good support network here from friends and professionals (son has ASD), son is in nursery and happy. Ex lives 2 hours away by train and has son to stay at his every other weekend plus weeks during school holidays but I HAVE to pay his train fare to collect and return him. I have told ex that I can no longer afford to do this as I am getting in to debt with bills but he isn't happy about this. Ex has, at my expense, had our son 3weekends in a row as I have had weekend appointments lately but is now threatening to apply for full custody because I won't pay his train fare for this weekend which is not his usual weekend to have son anyway. Ex also says I have no right to live 2 hours away from him and is demanding I move back to his town. Ex doesn't work and uses access to son as an excuse not to take or even apply for jobs. Can he force me to move nearer to him? Would he be likely to get custody? And can he demand I keep paying his fares to see his son?
peach 04/02/2015 at 8:33 pm
My boyfriend has a son from a marriage years ago. He has no custody over his son but his ex wife is now trying to get more child support out of him because she lost her food stamps because she's making too much money.if you wish to sign over his rights to his son is there any way that he can get it so that she cannot have any contact with him or demand any more money while he still paying child support
Baba 04/02/2015 at 3:20 pm
Hi the dad to my daughter little 1 walked out on them 3 weeks ago he now says he wants only wants her every Saturday when he knows my daughter takes her out that day and says either every Saturday or he will take her to court how does she stand as he doesn't work so could c her any other day
Georgie Editor 05/02/2015 at 2:48 pm
@chelle - it seems like you have a pretty good relationship regarding the care of your children and it seems he is trying to be as flexible as he can in accommodating your needs as well as you accommodating his, which is always a great start. The fact that he has parental responsibility means he can make decisions over the care of his children while they are in his care (do you ask him if your parents/family can look after the children when they might be in your care?) I think you may need to cut him a bit of slack here as it sounds like he is doing his best to make things work for the both of you. But it's great that you can have an amicable relationship post-split.
chelle 04/02/2015 at 1:28 pm
My ex left me 4 months ago with 2 children under the age of 2 yrs of age. We have agreed between us that he can have the children 3 mornings a week ( as he works lates shifts) which allows me to go out to work 20 hrs per wk without placing them both in nursery. I have now asked if we can have a set extra morning a week so it allows me time for myself and housework etc, however he says it will be on his day off which can change from week to week and tends to fall on my working day or he does overtime for extra income and this will not help me out at all.
We both have PR as we were both present at the registrastion of both births but are not married.
I would also like to ask has he the right to organise his parents to see or have the children when its not the day he sees them? I am ok with them seing them but not happy when they go through him and not myself.
Thanks chelle
ChildSupportLaws Editor 03/02/2015 at 11:44 am
@Sally - you would have to do this through mediation or the courts if you don't want to speak to him and you can't agree to the arrangement between yourselves.
Sally 01/02/2015 at 2:11 pm
Hi my daughters dad has to no everything I do I have her Sunday night to Thursday but want it to change to Sunday night till Friday as next year she will start school then he can have her Friday to Sunday as he works all week anyway so she is left with his mother on the Fridays which I think is wrong she should be with her own mother until the father finishes work on the Friday he also texts and calls me constantly has people spying on me when I go on nights out etc. we broke up 16 months ago and I've been with my current partner just over a year. I just want it in writing that he has her Friday's to Sunday's every other birthday and Christmas and that no contact is to be made from him we don't need to talk
johno 30/01/2015 at 9:47 pm
Hi a girl I was dated for two months and split. She dumped me for no valid reason. I have found out she had my daughter without telling. I have contact her she says I am to have nothing to do with her.

Please help I have always wanted kids my ex had a miscarriage and was then left baron. I have got two nieces and nephews and they love me to bits.

Everyone knows i'm a good guy and would do anything possible to make my daughters life special. I'm would never interfere with how her mum brings her up, or ask for anything unreasonable.

I just want to be part of her life and her to know i'm her father.

Please help it's making me really depressed and i'm out my mind i'm never going to see my fleash and blood.

Regards help john.
puppykitty 29/01/2015 at 5:42 am
Hell

My boys dad and I had a fling, it was never a relationship and I fell pregnant. Throughout the pregnancy he was very demanding to me and racist (he's black, I'm white) and often told me thatv old have no right name my son, where he was schooled or his religion etc. The final straw was him saying he would take my baby. With that I ceased all contact with him as I don't trust him near me or my child. Hew never met my son, he's doesn't know his date of birth or his name, nor does he know where I live etc. He contacted me via text message the other day demanding I let him meet him as he knows he is the dad and he just wants to be involved. Now he's has my number over a year and no contact. So I've changed my number as he really quite honestly scares me and I dont want any harm coming to my son. Does he have any rights here?
ChildSupportLaws Editor 30/01/2015 at 11:43 am
@taid cricc - no it is not legal. As she has parental responsibilty, he needs her consent in order to change schools. She should seek legal advice if she wants this situation redressed.
taid cricc 28/01/2015 at 11:23 pm
My stepdaughter registered her 3 yr old son into a new school a month ago,but suffered a mini breakdown due to pnd 2 weeks ago,because of this the little boy was to stay with his dad but only for a couple of weeks. 2 days ago my stepdaughter was told that the boy's dad had taken him out of his school and registered him in another without her consent,is this legal?
Sasha 25/01/2015 at 2:21 pm
Hello, my husbands children my step children are 15 and 14. They live with us but still see and stay with their mother. My husband and his ex were never married.
She holds my step children's passports.
Do we and the children's grandparents need the birth mothers written permission to be able to leave the country to go on holiday? Even when my step son is almost 16, but not before the holiday? Thank you.
Bella Editor 21/01/2015 at 11:34 am
@Christian - obviously your ex needs help here as does your child. It might be that while you can't give equal support due to work commitments, you could actually make it easier for your ex somehow, so that she doesn't have to take time off work and risk her own career. She also has to earn a living and has responsibilities and just because she is the 'mother' it doesn't mean she should have to shoulder all the burden. While I'm sure she has no legal right, surely you have a moral one to take equal responsibility of your sick child and find some way around it in order to give them both the support they deserve.
Suze Editor 19/01/2015 at 1:49 pm
@saz - from what you say it seems unlikely he would want to go for child contact if he is as not bothered as you say. But every father deserves and to have a relationship with their child, if that is what they want and if he wanted access and you refused, then he would have to apply through the courts for a contact order and it would be up to the court to decide.
saz 17/01/2015 at 12:10 am
My ex partner left me at 28 weeks pregnant, he'd not turned up to scans or saved a penny and had been takimg loans out for drugs and betting which i found out that day. I ended up off sick with a.n.d to which he told people i was psycho (we work at the same place) and then that we weren't letting him see baby. From june to 24th sept (day after i gave birth) i had no contact. He was sleeping around and on drugs. If he would have turned up to the hospital social services would have been involved. He saw her 4 times and then 8 days olds didn't see her for 3 weeks and hasmt seen her since 22nd october since i wemt for child maintenamce which im getting now. He denied paternity and then refused a dna test. He hasnt provided anything. I have proof of messaged where hes not bothered, threats where he wouldnt keep his cool around me and baby, threats to me, i can confirm je takes drugs and who with. He never asks about her or amything. His family have no involvement. My health visitor knows the situation. EWhat if he ever went for contact?? Hea not on the birth cert and we are not married.
ChildSupportLaws Editor 16/01/2015 at 12:15 pm
@Zoom - yes, he has a right to take it to court if he wants to see his daughter more often, if he thinks he is not getting fair access, or his usual access has been stopped. I don't want to sound harsh here, but access to a child really should have nothing to do with money and every father should have a right to spend time with their child, regardless. Children should not be financial bargaining tools, so therefore this is why he is obviously feeling that he wants to challenge it through the courts. The financial issue really should be dealt with separately, so if you think this side is unfair and he should be contributing more then you should really either take it up with him directly or go through the CMS and ask them to sort it out on your behalf (there will be a cost involved, but it takes the issue out of your hands). Regarding access, if you prefer for him not to have her over, then when it comes to court you will need to justify your reasons why. I hope this helps.
Zoom 16/01/2015 at 9:01 am
My ex partner and I have been separated for 4 years. I have always allowed my daughter to spend time with hi. She goes after school once a week then has a sleep over on the weekend and full day there. I have always allowed her extra time on his family birthdays and over Christmas to visit. When he has something to do he really doesn't care if she is there or not but when he's skirt and bored he usually starts.
He hasn't paid any money for 2 years and before that it was just bits here and there.
A few weeks ago I got fed up of him not helping to provide for her but having a job, money to go out and presumably take drugs like he used too. From this I still allowed her to go twice a week from school for dinner and come back at 7:00-7:30 for bedtime.
He has now stated that he is going to get legal advice to force sleepovers to start again. I think I have been more than fair as he's never provided hardly a thing for her and never really does anything with her when he has her.
What legal rights does he have to inforce more time with her or sleepovers. He has parental responsibility as he is on her birth certificate.

Thanks x
ChildSupportLaws Editor 14/01/2015 at 1:48 pm
@#squirt - no he can't - as you have parental responsibility he would have to get written consent from you.
#squirt 14/01/2015 at 4:48 am
My husband and I are separated and t. Cut long story short he text yesterday to say he was moving our sons school. Can this be done without my authorisation??
Ben Editor 13/01/2015 at 10:05 am
@littleRed - have you tried mediation? If he is very unreliable it might be something you can request from him if you are fed up with his behaviour. Sometimes the tit-for-tat actions of parents can spiral out of control. He may think 'well I'm paying for petrol, she can buy the nappies' approach, while you are thinking 'he doesn't do anything, so he can come and get pick her up if he wants to see her' approach, which doesn't really get both of you anywhere. If you can't sort it out between yourselves rationally then mediation is the next natural point of progression, besides if he is threatening to take you to court then they will expect you to have tried to sort it out via mediation first anyway.
littleRed 10/01/2015 at 5:42 pm
My 2yr olds dad and I split before she was born. he lives about 70 miles away from us but has her every other weekend (in theory), I used to meet him half way but since hes VERY unreliable in paying or providing anything for her I refuse to take her. I've never stopped him seeing her and never would unless I felt it was in her best interest, but if he wants her he comes and gets her. I dont doubt hes a good dad when he has her, but it seems like a case of out of sight out of mind. He also used to smoke cannabis and on occasion coccain, which he tells me hes had counseling for and has now stopped, I feel hes still doing it. Also when he cant even provide a packet of nappies but has a box of 20 cigarettes really gets my back up. If I say something he doesnt like he gets very angry and threatens to take me to court which I don't want for the sake of my child, however im sick and tired of being taken for granted and being the only one who seems to take the responsibility of having a child seriously. I havent gone into great detail about our situation but thats the basic picture. Any advice would be grateful appreciated. Also what are his rights and what could happen if it did go to court?
Clare 09/01/2015 at 1:00 pm
My ex-husband and I split nearly five years ago and agreed between us that we would share our young daughter (now six) equally, having half of each week with her. I have always been in receipt of the Child Benefit but have always given him half of it, out of fairness. About 18 months ago, he asked me to also start having her an extra night extra third week, giving me the majority of her care (I think about two thirds to me, a third to him?). Just before Christmas, he thought he would try to stop me from seeing her at all, so I have to take him to Court, where the Judge ordered for the arrangements to go back to what they were before. As I do not have to share the CB with him, I have stopped doing so as of this month. Now, I have the slight majority of care for her and my address is on her school and dental records. Her father's address is on her doctor's records. Please could you take me who has the overall say on what her address is listed as on such records? I suspect her father may try to change some of them over, which will lead me to change them back, which will lead him to change them again, etc. As I get the CB and am classed as her main/primary carer, do I have the overall say? Thanks.
Mrskwakwa 08/01/2015 at 2:49 pm
Thank you so much for your advice. So they won't justctake my sons vote as such without taking into account any issues that may affect his upbringing. I think I was worried they just let him decide for himself at 10 years old .
Charlie Editor 08/01/2015 at 12:36 pm
@Sophielou - if you are worried about your partner having access to your child when either under the influence or if he keeps drugs in his home, you can request supervised access.
Sophielou 07/01/2015 at 10:03 pm
Please help**** My boyfriend and I have split up and he has PR. The problem I have is that he smokes weed and has admitted to me that he has done more. I don't want my child growing up around drugs and most of his family do them too. I want him in our child's life but not with drugs around. What can I do? Please help! My partner swore to give up when I was pregnant. Help!!
ChildSupportLaws Editor 08/01/2015 at 10:13 am
@mrskwakwa - yes, they will take into account that he has two other siblings and this too will strengthen your argument that he has a secure family upbringing. As long as you can prove that your child has a healthy, secure and consistent family life that would not be in his best interests to be disrupted, then the courts are likely to insist that he stays where he is, especially if your ex has a record of violence. If you are worried that your ex is turning your son against you, then there is a syndrome which is now recognised through the courts called Parental Alientation Syndrome, it may be worth you looking it up online.
mrskwakwa 07/01/2015 at 12:43 pm
HI,
Yes this helps,im quite frightened that they take my son away after 10 years of homelife with me,can i just finally ask,do they take into account separation from siblings?
Many thanks again
ChildSupportLaws Editor 07/01/2015 at 11:28 am
@Mrskwakwa - he courts consider stability important for a child and therefore believe that changing a child's circumstances should only be done as a last resort. The court will concentrate on what is in your child's best interests so if your child has stability for instance through school and transferring residence would mean uprooting your child from then this may not be considered in the child's best interests. Another person such as a new partner who is likely to affect the child if residence is transferred will also taken into account. Plus, your ex's previous behaviour will definitely be taken into account. I hope this helps.
Mrskwakwa 07/01/2015 at 8:29 am
Hi,
I was recently taken to court by my sons father for a contact order, however in the day of the hearing he changed his mind and requested residency. The case was of course adjourned to a later date, this has left me devastated.
We had the same arrangements for 10 years until he got a new partner and now he wants him full time. My ex is named on the birth certificate and my son is 10 so he does share parental responsibility, my son would probably choose his father as he has more freedom and no bedtimes etc. The Cafcas report issued showed lots of convictions for aggression and violence from my ex and I'm sad to say some of this behaviour rubs off on my son at times. So I ask what sort of circumstances and feelings so the take into account and will my son simply get to choose? I couldn't bear loosing my so. And feel he has a better life with me , my husband of 7 years and his two siblings.
Many thanks
Nat 07/01/2015 at 1:37 am
I would like some advise please. My brother and partner have had domestic violence in the relationship by both parts. There's two children involved1 is my brothers the other isn't. Social service were involved previous the mother in law is very manipulative and dangerous woman. It looks as if she has been reporting my brother for things that have not happened she is a very controlling person as well. In a nut shell my brother is now having supervised visits with his little girl I'm not being bias but he's been brought up well he shows love to his little girl and as her nest interests at heart. Unfortunatly there have been a couple of incidents. Now social services give his partner no choice really has if didn't sign the condition they said the children would be taken into care until it went to court. The conditions were that my brother and partner do not have any relationship. So they have split up the family the children are missing him terribly and so is partner. What can they do would it be possible for them to have a relationship in the future
Rob Editor 06/01/2015 at 3:18 pm
@Dale - the court form is a c100 for contact. Please make sure that if you pay your ex CSA money you don't pay it cash but either pay it by direct debit into her account, or by cheque. You need evidence that you are actually paying her as she could quite easily say she's not received any money if you are giving her cash and you can't prove otherwise!
Jenny Editor 05/01/2015 at 1:57 pm
@carolj - if you are not happy with him I'd move out and get your own place if you can afford it and apply for child maintenance. It sounds like he isn't a good partner and you'd probably be much happier on your own.
ChildSupportLaws Editor 05/01/2015 at 12:39 pm
@Rn99 - You can apply for a ‘prohibited steps order’ c100 to stop the other parent from making a decision about your child’s upbringing, which includes moving him away. You have to prove that it is the best interest of your child that he stays close to you. You might find our Separated Dads Facebook page helpful as it has a similar recent posting. I hope this helps.
Dale 04/01/2015 at 8:52 am
For the past 5 years of my daughters life all I have wanted is for arrangements to be concrete and not be changed by my ex partner, it seems to always cause problems due to money and payments to her, an example of this was, I was paying my csa payments through them and due to me being self employed and not having work for a number of weeks I was unable to make a payment as soon as my ex partner had realised this she threatened me with no contact through a text msg even though she didn't want to speak to me, I finally resolved this matter with her by not going through csa and lowering the amount I pay per month from £175 to £130 which I then paid her in cash just so I could see my daughter, trying to get it through to her head that access should not be stopped due to non payment of support as this and having access had no meaning to 1 another but my ex never understood this, my 8 year old daughter also has her birthday on Xmas day, this year we originally agreed that this would be split and I would pick Alisha up at 4pm on Xmas day as I never wanted to not see my daughter on her bday, 2 weeks prior to Xmas my ex decided to change this after I had already explained to my daughter when I would be seeing her causing this to make me out to be a lier to my daughter but I had no choice to deal with it as I had to see my daughter, Xmas passed and my last contact with my daughter was Thursday night, when I collected her she came out to me very badly dressed with no coat and I was told by the mother later that this was because it was up to me to provide this even though she received this item of clothing from family for Xmas, this sort of problem has become a recurring thing, my payment to my ex was due sat but I withheld this and provided this item of clothing, in doing this she has now said no contact, called csa saying I have no contact even though I had Alisha 11 nights in December, obviously I am going to contact mediation and further this matter then without doubt I will be making a court order so she has no leg to stand on considering I have always made payments and seen my daughter when I am due to but I cannot live any longer and put my daughter through any of this no more I just need to know what the best course of action would be, I.e court order, which one would be best? Residence? Please help.
Babe 02/01/2015 at 10:55 am
My husband and I separtated over two years ago and arranged access for my husband to see our son. He has PR. Since he left he has moved twice plus our son who is 8 nearly 9 keeps telling me his dad hits him, shouts at him all the time and swears at him all the time. Our son has also told me he no longer wants to see his dad because he keeps hitting him. I have witnessed him hit our son myself but social services have told me unless a mark is left on the child nothing can be done!! Plus if I stop access I will not be in favour in the eyes of the court!! Every which way I turn it seems I cannot help my son!! What am I to do? All I want to do is to protect my son and not have him hit, swore at and shouted at!! I am also unable to do anything any maintenance payments from my husband as he is self employed has no proof of income or tax returns to provide to csa therefore they have to take his word for whatever he says he earns.plus they don't have the jurisdiction to go into someone's bank account. I know what he earns because I used to do his bookings etc but only end up with £5 because of what he says he earns which is a lie!!! Again no leg to stand on again!!! The case has not gone to court as I am on ESA and disabled and unable to afford to take it to court. Can't even afford to put in for a divorce and he won't pay for one either! Not only have I not getting proper maintentance for our child nothing either for myself!! Please what can I do to safe guard my son and do about the money situation please????
Compo 01/01/2015 at 11:23 pm
My son works away from where his daughter lives he did not marry the
The mother of his daughter a pays maintenance every month. He is in a new relationship and has not allowed his new partner in his daughters life at present. The. Mother is not allowing him to see his daughter when he is at home. What rights does he have
Rn99.. 29/12/2014 at 10:51 pm
My ex wife wants has married a rich bloke in a different city and wans to move my son away to live with him. He has been really unsettled and clearly says he doesn't want to go. I have had 5 years of negative but sophisticated (off record) behaviour which my son has witnessed and as I have not acted ths way and put him first he has a stronger attachment to me. However as I have less time in the current consent order (10 days out of 21), and I fear the courts are still biased and she is sophisticated enought to say the right things on record my son will be moved away and be very unsettled as in the 5 years since separation I have managed his needs better including relationships friends/family. Had an initial court hearing which seems to suggest as an eight year old he is too young to be spoken to you ahead on a final contested hearing. I think not getting his wishes and feelings is a huge disservice/mistake. My ex is probably scared he will report the awful things she has done and he wants to stay with me. He is bedwetting and extra clingy with me and keeps telling me he loves me and wants to live with me. I'm very distressed as I can see her playing the system and my son's best interests not being fulfilled. Very upsetting prospect. Currently I have him 10 days out of 21 and ex proposes I drive 2 hours each way and collect him every other weekend. We have been separated 5 years and she has remarried via a dating site relationship choosing to enter a relationship in a different city. A final court heating is pending potentially up against a barrister while representing myself to safeguard my son's best interests against the odds. Very very worried about my son and his future based on the last 5 years and my ex wife's dishonest and self serving nature. My son deserves honesty, sincerity and deep love above all. How can I help/protect him?
Samantha1986 28/12/2014 at 7:25 pm
I arranged with my ex that he had the kids for 3 days over Xmas, Xmas day until the Sunday which was fine. He then says on the Saturday that the kids are staying with him for another night. He didn't ask if this was ok. He told me it was happening. I said no I wanted them back on the Sunday like agreed but of course he refused!!
I know because he's on the kids birth certificate that I couldn't do anything about it, he also knows this, hence why he pulled a stunt like that.
Now he wants shared custody of the kids!
He sees the kids Twice a month for 24 hours. He lives miles away from the kids school and often gets them to school late.Is it likely he would get shared custody??
I have tried to be reasonable with him, but it just back fires, everything has to be on his terms, absolutely no reasoning with him, I've had enough and agree something needs to be done, but I don't agree shared custody is the right way to deal with this.
Sophielou 28/12/2014 at 5:30 pm
My boyfriend and I have split up and he has PR. The problem I have is that he smokes weed and has admitted to me that he has done more. I don't want my child growing up around drugs and most of his family do them too. I want him in our child's life but not with drugs around. What can I do? Please help! My partner swore to give up when I was pregnant. Help!!
lynmc2009 23/12/2014 at 9:31 am
I raised my son for four years alone after separating from my baby's father on his first birthday,in Oct 2013 I was moving home he took my son said he can stay with him whilst I moved but then,didn't give him back to me,I took him he called police I had to return him to my ex as he said I was on drugs,even though I offered to be drug tested at any time everyday if need be nobody listened.I have been to social services social workers have been at my home a gull report done and the conclusion of the report was that no social work involvement it was a civil matter between myself and dad but still I'm only allowed to visit one hour per week no where near enough in my opinion.I have applied for legal aid which has taken three months each time to finallybe granted and I'm now awaiting court date which may take until March in the mean time my son's,fatherwill not let me see my Little boy at xmas and will not let any of my family see him at all,why is nobody helping me iv been fighting to get him back for more than a year please please can sumbody help me.I no longer work so that I can take care of him,at his dad's he has after school care,before school aswell. I have been to all school meetings,parents might,sports day,even though the father told me wrong dates,iv just been to his Xmas service at church his father or his family wer not there at all.my son asks to come home with me but is not allowed his father will notletmeout thelounge with him during my hour visit please help
Charlie Editor 23/12/2014 at 11:58 am
@Badger - regardless of your ex's controlling nature he has a right to see his child, and especially over Christmas, when it means the most to parents. I comepletely understand that you might not want him around. Can you do it another way, for instance arrange to drop your son at your parents and allow your ex to see your son there?
Badger 22/12/2014 at 10:06 pm
My ex and I have a 2 year old boy. We separated during pregnancy and he's never been tht involved other than seeing him once a week for 4 hours. During the last 2 years I've had many problems with my ex, he is very controlling and emotionally abusive. He's always been obsessed with my male friends and constantly accuses me of having "men on the go". Little does he know I'm in bed by 9pm most nights as my little one is up so early! Anyway, I've had the police involved on several occasions but I've never stopped him seeing our son, despite wanting to to save my own sanity. Over the last 2 weeks he's basically said I am a "slag" etc etc and demanded he sees our son over xmas. My question is, I am legally bound to allow contact at Xmas? He ruined last Xmas by bullying me and I was hoping this year would be better but sadly not. I know my day will be ruined if I have to see him. I do believe he is more bothered about controlling me than seeing his son. Any advice appreciated.
LizC Editor 22/12/2014 at 2:44 pm
@helplease - it would depend whose side of the story you can see. It's great that you are a good father and want to see your kids, but your ex might have work commitments too. If she is happy to share the kids equally (which many men would love), then it doesn't seem very equal. This is where a lot of men put the responsibility back on the woman to shoulder the burden, when the women have lives and commitments also. Why should she have to work around you, when they are your equal responsibility too? It's a tricky one to answer.
helpplease 20/12/2014 at 8:43 pm
can someone help with this please. i have been divorced 8 years i have a son 12 a daughter 11 i have had regular contact with my kids staying with me every other weekend and seeing them twice in the week after school until 18.30ish this has been in place by both of us agreeing the contact with my kids. i lost my job this year in january so kept this going but added more time to see my kids as i was unemployed. in april this year i got a job but was Shiftwork so i can't see my kids as much but try to see them every other weekend as before but when I'm down to work that weekend i have to tell my ex i can't see them but see them for a day and night in the week instead my ex has told me that its unaceptable to not have my kids on my weekend I'm due to have them but I'm working and she told me to change my job. i have told her and given notice that i can't see them it only happens once every 2 months so i really don't see the problem I've always paid the corect maintenance for my children and more. i want to see my kids but now in this new job i can't see them as much. she has now got quite nasty with the situation threatening me with mediation and csa can i be forced to go to mediation as i don't feel this is necessary but she is threatening me with this and i will have to pay towards it. I've been their for my kids from day one always seeing them having them for 3 weeks when i have been on annual leave. do you think that offering one day and night during the week is acceptable to have my kids as i cannot commit to every other weekend due to my work commitments.
San Editor 08/12/2014 at 10:59 am
@Wompth -he would have to take you to court. If you don't want to give it he can't force you, and it would be up to the judge to decide whether he needed your address, which is unlikely. There is no legal right. As you say, if he has their email addresses, perhaps you should direct him to your children as they are old enough to decide themselves.
Becky 07/12/2014 at 5:39 pm
My ex is taking me to court over access to our children, he is on the birth certificate so has pr but the reason contact has been stopped is because he turned up still drunk from the night before to collect my youngest for contact, he then dragged her screaming out to the car and was trying to drive off, I told him if he started the car with our daughter in it I was phoning the police and that I would fetch our daughter to him later in the day when he had come round a bit, he them got abusive to me and my daughter causing distress to us all, the police arrested him as he was locked up over night, I then refused to press charges as I didn't want the girls to have to stand up in court and give evidence !! Since then social services have advised that contact be stopped for a while until the situation calms down, I'm now frightened about what is going to happen next and what is the likelihood that he will get custody ??
Wompoth 05/12/2014 at 6:41 pm
Thanks RichardM. I really need to know whether my ex has any legal right to my postal address, or is it a moral right only? I am thinking that I should refer him to my daughter, who is old enough to decide whether she wants him to have her address. He already has her email address.
RichardM Editor 05/12/2014 at 10:41 am
@Wompath - As he has parental responsibility you are obliged to keep him updated about their well-being and progress, but how far that goes is really up to you. But you say he has 'demanded' the information, or has he just asked for it given the fact you have recently moved and wants to know where they are, which is not an unreasonable request, if he had the information previously. Plus, as you say he has only really contacted them occasionally, so it might not be that he suddenly wants to demand contact. However, if you sense an ulterior motive, then you will obviously be wary. Both of your children are old enough to make their own decisions, especially your elder and you can't force your younger child into seeing him if she/he doesn't want to. This is a difficult one to advise on because he's not made an unreasonable request and if you refuse it might just add fuel to the fire. Not knowing any background of your situation, it really depends on how comfortable you feel with him having the information.
Wompoth 04/12/2014 at 1:39 pm
I divorced and remarried a few years ago. I have 2 children, one is 21, the other 13. Only the 13 year old lives with me and my new husband. She has chosen not to have contact with her biological father since she was 11, as he was very controlling and showed no respect for her feelings or opinions. We moved to a different area a few months ago and my daughter now attends a different school. My ex still has our email addresses and my mobile number but is only very rarely in touch (girls' birthdays). I have just had an email from him demanding my new postal address and name of the new school. Am I obliged to provide these, especially given that the kids don't want to see him?
mikey 29/11/2014 at 8:42 pm
Hi,
I have a 19 month old son who always comes from the mothers dirty, smelly and always ill.
She will never meet me half way for transport unless it suits her meaning I have to travel 3 hours at last minute when she changes her mind.
Am I in a situation Where I could just keep him? He has his own room at my and my partners flat, we both have good jobs and he loves being here.
Thanks
Blondie 25/11/2014 at 9:13 pm
Hi I haven't seen it had any contact with my 13 years old son.My ex has the custody of him but it has been further investigated and the allegations made are now found to be false against the person.The other children involved are now grown up and young adults and have come forward and said the allegations are not true and they were made to say it out of fear.To cut a story short,do I have rights to my son?
Dee 23/11/2014 at 2:27 am
My son was with a girl, she used him totally during their relationship, if you can call it that. Her son had been taken from her by social services. My son rented a private flat in the hope that they would get her little boy back, to be honest he was love sick and totally suckered in by this horrible young woman. The court did not give her her son back and he was put up for adoption. She did not deserve to have her son back in my opinion. Anyways cutting a long story short, not long after that she left my son. She totally used him. Just before my son finally left the flat too, she came to tell him that she was pregnant, she even did a pregnancy test infront of him to prove it. She went to the docs, my son went along too. Then she just disappeared, she text to say that she was having an abortion but we were then informed that she did have the baby. What can my son do to find if she really did have the baby? She has posted photos on facebook of a baby girl, but we don't know if it is my sons. Can anyone advise please. We worry so much because of what happened with her son and social services,we don't want my sons baby suffering the same.
Pen Editor 21/11/2014 at 12:02 pm
@nikkihh - yes you do have a right if you think your children are in danger. It might mean that he can apply for a contact order. But if you have texts of any evidence then keep hold of it. Another alternative is to suggest you go through mediation, at least your children are old enough to have an opinion and it will be taken into consideration regarding who they want to spend their time with. Penny
nikkihh 20/11/2014 at 7:32 pm
My children have been seeing their dad most weekends since our divorce. There have been times when their dad has lost his temper to the point the kids are so scared that they text me or call me, saying they don't know what to do. I have always encouraged them to have a relationship but this last weekend my son received a text was was nasty and aggressive accusing him of playing games, his dad also said to him "do you think I am a f****** c***. My son who is 15 phoned me terrified and almost got out of the car to run home to me. I have since informed their dad that I think it's a good idea for them to not see him this weekend. I feel this is justified as I am worried about their emotional well being. Did I have a right to do this?
Withouthope 20/11/2014 at 6:41 pm
My partner and I need some advice.

She moved north to Scotland to live with me, and escape her ex. They where never married, yet he was abusive. He also never paid maintenance for their 3 year old daughter. He never kept to timings and was threatening to the mother.

When she moved, because she never got an order, he was able to order her south through the courts. Now, she is in a situation where she has no rights. He has PR since their daughter was born after 03 but he is using his daughter as a pawn. As examples:

He has refused to allow his daughter to Scotland for a week holiday in new year.

He has refused to allow his daughter to live any further than an hour from him.

He threatened to go self employed to avoid paying maintenance.

He has said the daughter can not attend our wedding.

As an aside, when the child said she wanted to live in Scotland with me and her mother, he said "No, neither of you are leaving again".

He is very controlling, and my partners lawyers even say they think he is more after her than the child, but they have said because she moved she has no rights. She has shown them images of her daughter being returned filthy, bruised, or playing alone in a dangerous environment, and it's been brushed aside.

All we want is to start our own life up north, and we are more than happy for him to have regular visit - I even volunteered to pay for his travel even thought it would financially be difficult for me and not him.

Any advice would be really appreciated, because as it stands, he has all the power and we're both being punished very cruelly it feels.
Carren 19/11/2014 at 12:40 pm
I have been removed by the courts form my family home, where my children are cared for by their father.They are under an interim care order. I have just found out the LA are filing for a full care order, even though they agree for the children to stay living at home with their father. I have proven myself to be totally safe with my children (my problem was with my husband, and he got me thrown out)and they might let me home in a couple of years.
If I back off and agree to still have no contact with them except for the supervised once a week I have now, will the LA lift the request for them to be 'in care', with all the stigma and hassle and pain it is for the kids to be under that until they are 18? Please, anyone??!!!
Rob Everitt 18/11/2014 at 2:17 pm
A female friend of mine has left her husband of 15 yrs and moved out the family house, she left because of her husband mentally abusing her and 1 case of physical abuse, before that married, she was so scared of the bloke that it's taken untill now for her to leave the marriage.
Unfortunately she could not get the kids with her, she did try once but the husband hit the grandmother anddragged the 7 yr old out the car, police where called but could do nothing, the husband know has the children with him, my female friend wants the kids back but has been told by social service that she can't just take them back with her as its kidnapping, if she got the daughters consent can she keep her if not can you advise what she should do next.
Jed Editor 19/11/2014 at 11:06 am
@chelly - if he is not on the birth certificate then he has no rights to your child. You are well within your rights to ask him to come to you if he wishes to see his child, especially if you don't want your baby in that sort or situation.
chelly 18/11/2014 at 2:07 am
My babys father is not on the birth certificate. We have broken up and he wants to take the baby up his. I dont want my baby going up there as my babies fathers mum smokes cannabis and they have a dangerous dog. Because I said no, if you want to see our child you have to come down mine, hes giving me threats about how hes going to take theo up his and how hes going to have full custody. Is there anything he can do because he aint on the birth certificate
slug2014 17/11/2014 at 5:23 pm
hi there i really need advice asap!! my husband has 2 kids he takes them every other weekend and for half of every school holidays he gives them pocket money buys new clothes etc for them hair cut the lot the mother doesnt have to buy them nothing and she gets full CSA as she has said to them that my husband doesnt do nothing with them anyway my husbands name isnt on the birth cet and he hasnt got PR over them and she wont let him have PR over them dont know know what to do anymore its a constant battle as she is impossible and if i dont do with the kids she blackmails saying he wont see them again dont know what to do anymore my husband is constantly stressed
ChildSupportLaws Editor 18/11/2014 at 2:02 pm
@lithium230 - if you are on the birth certificate then you have parental responsibility. I should get in touch with a solicitor and ask for some advice in order to begin the process of resuming contact with your daughter. Or contact the Family Rights Group which has a freephone helpline number on 0808 801 0366.
lithium230 16/11/2014 at 10:00 pm
Just looking for some advice my ex girlfriend refused to let me see my daughter after our relationship broke down she got with some other guy and would just argue with me at any attempt to see my daughter so I have not seen her in 9 months now I just found out that she has had the kids taken away from her by social services my daughter is 2 now im on the birth certificate was just wondering were I stand
ChildSupportLaws Editor 07/11/2014 at 10:00 am
@tspurl - as laid out in our article, if your ex has PR in some circumstances, a father may take your child during agreed contact time and then refuse to bring them home again. If this happens and you are unable to negotiate with the father then you should call the police. However, if he has PR the police may not be able to do anything as long as they are not in any harm. This can be understandably distressing for you. Should this happen, there are lots of other orders which the court can make, including contact orders, prohibited steps orders and specific issue orders. When reviewing applications, the court will take a number of factors into consideration with regards to the children's welfare. These are laid out in the article. However, I hope you will be able to negotiate with your ex as it would be rather distressing and counter-productive not only for you, but your children also, if your ex husband decided to take things into his own hands. Have you thought about approaching your ex regarding going through mediation in order to discuss both of your your parental responsibilities rationally?
tspurl 06/11/2014 at 12:26 pm
I i have a full time job and i have 2 kids and currently going through a divorce and house sale... my ex is threatenening to take my kids to go and live with him and his new partner and her 4 kids...can he do this and what rights do I have to prevent this from happening. .
cazz1971 02/11/2014 at 8:48 pm
Hi my son has suffered violence off his girlfriend the most recent of which has resulted in the social services having their son placed in the temporary care of her parents and my son is only being allowed to see my grandson at a contact centre (along with his girlfriend). He has parental responsibility so I just wanted to know if he put a case forward the social workers would return my grandson to the sole care of my son who is the one who was wronged in the first place. It is my sons intention to leave his girlfriend but he does not want to leave my grandson.
Istesta 31/10/2014 at 8:44 pm
Hi I would like to ask somebody what I have to do.We divorced 2 years ago(non Uk court but both of us live in UK).We agree to visit my daughter 3 times every month for the weekends.Since October she decided to change mind and stop giving me my daughter.Can I report her to somebody that she didn't do what court said.thanks
Tom Editor 21/10/2014 at 12:08 pm
@ShaolinMonkey - it's always difficult in these situations, especially when couples first split up. When a mother takes charge of the situation sometimes there is not a lot you can do but go along with her wishes to keep the peace. You might have to go along with her wishes for a while until the situation sorts itself out. It's horrible, I know, and not the advice you might want to hear, but rather that then her stop access. I had to do it for a couple of years. We work it between us now and my ex still can be argumentative and awkward, but it's a lot better than it used to be when we first split.
Shaolin Monkey 20/10/2014 at 11:11 pm
This article seems to be based on the premise that the father will be the one who refuses access to the child. My ex and I agreed to share custody 50:50 - she wouldn't discuss custody patterns and insisted I follow the one she suggested which I did to avoid conflict. Since then she has sought to permanently change the days of the arrangement (I refused on the grounds that she insisted on the routine and shouldn't just be able to change at a whim), made several 'one-off' changes that I have agreed to to keep the peace, made several arrangements without consulting me first that she claims can then not be changed, refuses to go to mediation to discuss anything to do with our daughter, refuses to email me any more with regard to our daughter, insists that I pick our daughter up on weekends so that I always do the pick-up (the mid-week changeover is before and after schools) and when I arrive she starts an argument so that our daughter is upset. My concern now is that she is building up to refusing to let me have access to our daughter when I go around to pick her up. When she was emailing me her emails were frequently sarcastic, brusque and didactic and full of what she thought I should be doing with our daughter when it was my time to look after her. I don't seek to criticise her and there are plenty of things I wish she wouldn't do e.g. the drinking, the taking our daughter out of bed in the middle of the night as if she's some sort of teddy-bear and the sneaky way she asked my daughter if she wanted to change her surname without consulting me. It was my daughter who filled me in on the latter two - the drinking I already knew about and is one of the reasons we split up. All I want is to be a good dad for my daughter and for my ex to leave me alone. I am frightened that she is building up to not allowing me access to her. Any advice would be welcome, I'm feeling pretty desperate, I am trying to get some free legal advice at the moment but the waiting list is very long. Thanks.
loo 19/10/2014 at 12:06 am
my nieces ex partner whom she has a baby with hurt her on many occassions, they split and the ex has not once had contact with the child in over a year. his mother pushed him to go to court so that he can see the child, which has occured, during this court the judge would not hear of any wrong doing on the fathers behalf, basically saying 'we need to look forward'. My neice iwho is the babys mum, is already involved with social workers as she has asperges, so it is team around the child. so, the father has had weekly contact supervised, and is now going to take her to court to get the child full time to live with him!!!!!!! surely this cannot be possible, as there are no grounds he can take the child other than the mother has this asperges?? and surely the social workers who work with her and the baby should have done their job thouroughly and know what harm he already caused my niece? and worked with him also?? please can you help advise what we should all do about this, as this is definately ridiculous!! thankyou.
Sa 18/10/2014 at 4:45 pm
Please can someone confirm if its true that residency order will only be granted if father of my child has actually followed through on taken our child and not returning him
If someone without parental responsibility can apply for residency - why can't i
Our son has lived with me since birth and is 20 months old. A lot of conflicting advice out there
One solicitor has said no wouldn't get another yes I would.
Very hard indeed
bettyboop 17/10/2014 at 9:40 pm
Me and my X have joint custody so our children have two homes. My son is reaching senior school age soon and schools are better closer to his Dads address. But do schools except that divorced children have two homes and can put him my son down as living at them both. Would this effect him getting a placement. I am concerned if we just put him down at his dads address I could loose my benefits...can someone advice thanks
ChildSupportLaws Editor 15/10/2014 at 11:15 am
@angrymummy - Do you have a parental responsibility order of daughter through the courts? If you do then you should see a solicitor right away. However, if you have joint parental responsibility it doesn't mean he has the right not to hand her back. PR creates "responsibilities" rather than "rights" regardless of whatever the state of the parents' relationship, emphasising the view that each will maintain an equal, shared and continuing responsibility towards the child. So, I would see a solicitor right away and start a legal process. I obviously don't know the background reasons for him refusing to give her back so it is hard to advise further. But, there are lots of other orders which the court can make, including contact orders, prohibited steps orders and specific issue orders.
angrymummy 14/10/2014 at 8:45 pm
Hi my partner who is now a ex partner offered to have my daughter while I sorted something out I reluctantly agreed when I went to get her he refused to give her back what can be done about this
deedee 13/10/2014 at 11:13 am
I have bee accusssedvof all sorts by my ex. Abuse mently and physicly. And she claims I got her into debt. This is all lies. She has now stopped me seeing my son of 8 years old. My names is on the birth cirtificate and he has my surname. I really want to see hi again. Can and I'm waiting on a court case date. Can some put my mind at ease
jade 09/10/2014 at 1:18 am
NEED ADVICE PLEASE HELP I FEEL STUCK, I have a two year old daughter and befor she was born I had alot going on then wen she was born I wad reali ill and didnt bond then got posnatal depression and she had srvear colic, I started to bond and cope till me and her dad split when she was 7months old then I struggled at nights and her colic so when she was 1 I hit rock bottom and agreed she lives with her dad temporary untill I came through it, I got a job as a carer to help my mental state and it has and got counciling I place, I was agreed she comes back after the counciling in a social services meeting, I do have epilepsy which I do have a few a month but they happen in my sleep and I only hav the support of my nan as my mum is mentally ill but befor my daughter went to her dads he wasn't bothered but now social services are closing the case hes usin my epilepsy against me, I live in a flat, I hav a epilepsy alarm and going to get a mattress one so if I hav one in my sleep my nan will be notified straight away and come down in 1minute, I have all carpet, child locks, kitchen stair gate and Windows are locked and child locked so its all safe, he says I have no say, I feel ready to have her back full Tim bit hes tryin to make me snap but it isnt working and refusing to let me hav her back, he accuses me that I dont hear her in the night and she screams which she doesn't and I want to prove that by recording her wen she's asleep and i am as proof, but I dont no how to get her back or wat path to go down please help me
chell 07/10/2014 at 1:15 pm
To All Mothers:
I have lost my children through giving the father access on a weekend basis, this is because when a father is on the birth certificate he has the same rights as the mother.
The father of my children was domestically violent towards me and was an alcholic/ druggy which officials decided to ignore, he got his solicitor to applied to the court for a residence order straight away. I didn't have any legal representation at the time because I was working, I was devastated by this because my children meant the world to me, I did eventually get legal aid because I had been to my gp and discussed the abuse at the early stages also I had the help from women's aid who helped me move address this was something I was unaware of at the time he gain residence. I am still fighting for contact to see my children but my ex partner refuses on his false allegation 'I'm mentally disturbed'. I think it is discusting that men could act in such away towards women who have put their lives at risks having their children and then to take the children away from the mother who would risk her own life for the sake of her children. The law in the UK fails to see what damage a mother and child relationship is and to how it will affect the child in the future,, never can a mother be replaced or neither should it be pushed upon a child to do so.
Ajay girl 05/10/2014 at 2:53 am
I am due to have my baby any day now and the babies father was a one night stand and when I told him he told me the baby wasn't his and we didn't talk for a month then he started demanding I talk to him which was hard as I have a very sick child so we did talk and he stil said the baby wasn't his so I said I would give him DNA when I had the baby but he wouldn't ever see the baby after that he changed his mind for about 1 week then texted me telling me I had to have an abortion or I would be raising this baby on my own and I had to chose so I choose my baby then I asked him a few time if he wanted to be a father then I got one very long message sayin if I asked for child support he would make me move 12 hours away from my family and the medical care of my child and then he would sue me for any costs he lost in having to do the DNA or go to court as I choose to. Keep the baby after he told me he didn't want to be a father and that I wouldn't get any money out of him as he couldn't even live even tho he lives with his family where I own my own house own my own car and am going to uni. And have sole custordy of my daughters where he walked away from his other daughter and lefted her and her mother 14 hours away
nuttybird 04/10/2014 at 7:46 pm
Can anyone help me my ex has redence of my little girl can I go back to court and get residence ??
Lou 01/10/2014 at 5:46 pm
I have sole custody of my child. She is due to visit her father in South Africa for Christmas. He had made me aware he wants her to stay and go to school in South Africa in jan because he believes it would be better for her. I will not agree to this. I am now worried that he will not send her back after Christmas. My Child will be 15 in November.
Can anyone please advise me of how I can prevent him from doing this?
paigeh95 30/09/2014 at 11:26 am
hi i need some advice, basically i got arrested for stabbing my sons dad all i got was a caution by the police. my son is currently living with his dad and the socail say they need to do i a risk assesment on me but they no longer need to be there when i have contact with my son. the incident happened 23rd july i got cautioned on 4th september and that was the first time i saw my son since the incident had happened and havent seen him since. all i want to no is if i have the right to go and get my son off his dad as the social dont have anything on me as all i got was a caution.
olly Editor 30/09/2014 at 10:28 am
@red devil, are you the mother of the children? Do they normally live with you or their father?
red devil 30/09/2014 at 3:04 am
Question and query
My partner and I have decided not to return children to other parent as kids want to live with me...police advised me to get them checked and resulted in different organizations getting involved. what are my legal rights as both ha e pr
si Editor 24/09/2014 at 9:46 am
@twinkle, are your just renewing your children's passports? You don't need their father's permission to get them passports.
Twinkle 23/09/2014 at 9:18 pm
I need to get my children new British passports I am recently divorced and don't know wether I need to ask the permission of my astranged ex husband for permission as I thinkk he won't agree out of spite
angry 23/09/2014 at 2:19 pm
Although the father has breached the contact order set in place in 2009 many times, which can be proved, we have today been advised that he can still appear as and when he pleases and demand to see my child and if he takes him we are powerless to stop him. I on the other hand, can face action if I refuse to let him see my child even if its months since he last bothered. I have never refused access however, my child has stated that he does not wish to see his father and recently this stated by my son to him three times, once in front of the police. He does not know this man and is visibly uncomfortable in his presence and this is solely due to the father leaving gaps of 8 and 9 months in between 3 or 4 visits. We are going to pursue this through the court but what can we do in the meantime? Do we have to make him go with this man he doesnt know?
Emz 23/09/2014 at 10:00 am
It is unfair for EITHER parent to use the children as a weapon to hurt one other. Each parent should ALWAYS have the child's best interest in mind but unfortunately that is rarely the case. However, the law is there for a reason and in circumstances like mine, I am thankful it is the way that it is. I was in an emotionally abusive relationship which gradually became worse over a year and a half so I ended it and he did not take too kindly to it at all. In the last months we were together, he accused me of cheating with 10 men (who were my friends years before I met my partner), he would negatively comment on everything I wore (he would call me a slag or say that I looked fat so that I would change... I'm 5ft and a size 8-10, I am not fat), he fought with any guy who spoke or looked at me and blamed me for it, he hid money from me and would force me pay for everything (I later found out he was selling cannabis and was hiding money under the floor), he used to lock me in the house and take all they keys with him (I was forced to climb out of the window 4 months pregnant because he had not returned home that night and I had work in the morning), his aggression and abusive comments got worse when he was drunk (he gets drunk 4 times or more a week), I witnessed him being cruel to animals which was heartbreaking (he hits, kicks and torments his mothers dog to the point where the dog will go for him, he threatened to snap my cats neck, he pulled the car over once purely to kick and throw a live pheasant around that had just run over by a car). He harassed me in every way possible for about 2 months after the relationship ended, I was forced to block him in every form of technology you can imagine but it came to the point where he would follow me, corner me, physically hold me there to shout at me and our friends had to get involved. He told me that if I didn't get back with him that he would kill himself so I contacted his family because I was concerned for his wellbeing and they took charge of him from then on. A few months later I found out that I was 3 months pregnant, I told him and we tried to work things out for our child's sake. Unfortunately, he had not changed (obviously). He quit his job and spent 90% of his time away from me which was mostly spent at the pub which is owned by his sister. I lived with him and his parents, I have never felt so lonely in my whole life. I celebrated my 22nd birthday and Christmas with HIS parents with him nowhere to be seen. He would come home at 4am drunk, occasionally on drugs and at times he would even pass out standing up. At this point I was almost 5 months pregnant and was worried that he would cause me to miscarry so I moved back home. 2 weeks later, I was rushed to hospital and the doctor told me that it was highly likely that I was having a miscarriage and to prepare for the worst. After 7 hours of pressuring my partner, he finally agreed to come and visit me in hospital. Obviously, I was distraught
thelawneedstochange 21/09/2014 at 12:31 pm
Why is it thats its 2014 and the law is still on the side of the mother, my ex girlfriend uses my kids as weapons against me, and even to blackmail me, threatening that il never see my kids again. why is there not a law to protect fathers from this kind of abuse?
teenager 19/09/2014 at 9:53 pm
I have a stepdaughter that is 16, drives, and since she has started driving her mother has said she can come see her dad whenever she feels like it. My husband pays his support on time and never has missed a payment. It is sometimes 5 weeks before we see her for a day. The divorce decree says every Thursday and every other weekend. Since she is 16 does her father no longer have any rights? She is a typical teenager and just goes where all her "stuff" is and she doesn't have to pack anything.
Katty 14/09/2014 at 12:42 pm
CAN SOMEONE PLEASE ADVISE ME???
I have a 4 year old daughter I spilt with her father 3 years ago, he has never paid a penny towards her stating he left the rented house we shared with a freezer and some sofas that were his. Despite this I have taken her and picked her up from his mums house (where he lives now) every Saturday where she has stayed the night, despite many people telling me he is never there and constantly out drinking. Over the past few months I noticed little things that my daughter was telling me regarding both her father and nanny taking her out in vehicles without a car seat, I have advised them several times that this is dangerous and they went out and bought one, however on the odd occasion still didn't use it, when tackled about it her nanny says she forgets and her father says it's not the law to have a car seat when she is a van, I checked with the police and it is the law! When I went to pick her up last Sunday she was returning from the pub with her dad who had been drinking, and didn't have a car seat. I rang the police and they weren't interested they said to contact social services if I had an issue regarding her safety!!! Since all this I have told them both that as they cannot ensure my daughters safety my daughter will not be going round to their house but it they want to see her we can meet at a park etc. I arranged the meeting yesterday but no one turned up and when I text saying we were leaving as we had been waiting over half an hour I got told that they were taking me to court. The only proof I have of him not having my child in a car seat is him stating to me over a text message that it's not the law. I know if it goes to court he will fight dirty and lie through his teeth, so my question is what is the likelihood of him getting unsupervised visits if that does happen, or indeed joint custody. He brags that he works 18 hours a day and the place they live is dirty and has no central heating. Please can somebody advise me, I have had a week of sleepless nights and I am very agitated and upset about all this agro. Thanks in advance
carlp 13/09/2014 at 2:31 pm
Just wondering if anyone can help, I'm looking at adopting my partners eldest boy but as my partner knows who the father is but is not listed and has never had anything to do with him, we still need to ask permission from him to do so, if he does not allow me to do so what would he the next step? I have tried to look it up but ccant seem to find the anwers
Sunny76 Editor 12/09/2014 at 1:43 pm
@Georgie, yes you are their mother so you can go and get them and take them home. He took them from your care so you can now, as long as there are no court orders in place, go and get them back.
Georgie 11/09/2014 at 3:20 pm
My ex took my 2 boys 2 mths ago makin a claim against my current partner and all investigations have been droped nothing has come to anything and rightfuly the children can be returned but hes refusing to bring them home am i legally allowed to just go and collect them providing its what the children want??
DIPPY 09/09/2014 at 8:17 pm
My ex has taken our 15yr old saying he no longer wants to live with me. I have a residence order in my favour but my ex is saying by the time it gets to court and an enforcement order is granted our son will be 16 and nothing can be done. My question is how long will it take to go to court and how much am I looking at. My sons 16 in 10 months time. He has said he wants to stay with his dad but I want him home with me.
Kaz Editor 09/09/2014 at 11:32 am
@destin, the surname means nothing and doesn't have any rights attached to it. However, as your daughter's father is named on the birth certificate then he has parental responsibility for her. You don't need his permission to take her on holiday though.
destin 09/09/2014 at 10:25 am
Hi i was just wondering where I stood my daughter doesnt have the same surname as her birth father but he is on the birth certificate does this give him the same rights as if she had the same last name as him..eg. promission from him to take her on holiday abroad. Or does this give him less rights because she hasny got his name. Thanks.
jake 07/09/2014 at 11:03 pm
So i have a question about what options I have as the father of my 2 children which both have my last name and I'm on the birth certificate as well, my ex and I have decided to split it was mutual, she was actually living with me at the moment until she got her own place. We had a falling out in which she was all of a sudden scared of me after 15 years together and wouldn't ride with myself or our kids. We took them to a place where they could play for a bit. I had to leave but told her I would return to pick them up. She said okay be back between 830-845pm. I had an uneasy feeling so I showed up at 8 and waited outside. I seen her and my 2 children without car seats drive past me, but at the time I couldn't say 100% if it was them. So I waited till the place closed, and of course no kids or her. It has been going on 2 days now and still i haven't seen or heard from them, I did make a call to the police, who of course couldn't do anything and actually said when they left they had to get back to do some real work. Anyway I live in Edmonton Alberta Canada it is the weekend and I have no clue what to do........
No1 Editor 01/09/2014 at 12:17 pm
@James, many children spend half the week with mum and half the week with dad and most parents find that this works really well. If you have everything the child needs in both homes then it isn't disruptive to schooling as long as you both live close to the school.
james 30/08/2014 at 1:21 am
Hi I was with my partner for over 6 years and now we are splitting up she had two children from last relationship who are now aged 10 & 12 and not long after getting together my partner agreed to have another child for me because I was 36 and wanted kids but on the basis I stay home looking after him because she wanted to go to work (that was the deal). My boy is now 5 next month and starting school and she decided to find another house and told me I'm not going with them... I looked after my beautiful boy for all his life doing everything for him that a good mother would usually do and also her other two children for over 6 years.. my partner never did anything for my boy even when she had a day off work or over the weekend I was always the one to look after him cooking his food feeding him taking him to doctors dentist and nursery but she did do things for her other two children.. now my son will not even eat food from her because she can't make it like dad and I'm very worried about him eating properly because she never makes an effort to see he eats all she does is feed him milkshakes day and night to substitute his food and suppress his appetite with up to 6 pts a day that makes him sick at night.. she even admitted she needs to build a relationship with him but why now what was wrong with making more of an effort before.. So moving on she took him on holiday for two weeks and has now just come back and I asked if he was eating ok and she said no all he has had is biscuits crisps and egg & bread so now you see she can't look after him on holiday or even at home because he always eats his food with me but never with her.. now she is back from holiday I'm having him tomorrow and telling her I'm keeping him with me because I'm on the birth certificate and have been his main carer all his life . I consulted a solicitor and he said I have the right to keep him with me so I that's what I'm doing .. she already said when I asked her that I could have him half & half Wed Thurs and Fri and every other sat but imo that's too disruptive for schooling with all the overnights here and there it's just her thinking of her free time & not what's best for are boy.. I read that there is nothing she can do but call the police but the have no power to take him from me because of the aabove facts but there is still a part of me that makes question what I read and have been told for some reason ..
leon Editor 02/09/2014 at 11:32 am
@Chris, as your ex is the main carer for the children she can, unfortunately, decide when and where you see them. Have you considered taking her to court to get a contact order in place which states what days you can see the children?
chris 26/08/2014 at 4:29 am
my ex and i agreed upon tuesdays thursdays sundays and every other weekend now she is mad at m and wants to take away my kids on the week days, we have no legal agreements can she do that and what should i do?
Caz 25/08/2014 at 9:30 pm
My ex and father if my two kids - 17 & 10yr has recently stopped giving us more than a wk notice of when he wants to see the children. He always (for 4yr) gave me the dates for a month a month ahead of time but in the past few months (I am recently single again and think he doesn't want me going out and getting a life) he will only give me a day during the wk when he will have children and it's only at most 7 days notice. I have asked for more notice than this as I also work shifts and it's hard for me sorting child care and paying for child care which might not be required as he is having children. (We were never married but he is on birth certificate) can I demand more notice than this and even a regular day or some sort of structure. I know he works shifts but I believe he is on a 22wk rolling rota after speaking to other employees. Thanks appreciate help
Daz-la72 19/08/2014 at 8:51 am
I got divorced from my children's mother in 1999. My son was nearly 2 yrs old and my daughter was just a few months old. I have always paid child support and continue to pay child support to this day. Over the years I have been denied access to see my children on various occasions; always from a result of disagreements between myself and my ex-wife.
My son of 16 yrs old has recently come to live with me due to his continued behavioural problems over the past 2 years or so, which has resulted in him clearly heading down the "wrong road". The agreement for him to live with me was fully supported by my ex-wife who also agreed that it was in the best interest of my son to have some guidance in his life.
It has now emerged that back in 2000 my ex-wife had changed my sons name by deed poll. I am unaware if the same was done with my daughter? Over the years I was aware that my ex-wife was using her maiden name with regards to my children's schooling etc but was always told, when both my children had questioned me to why they had a different surname to me, by my ex-wife that our children could make their own decision to which surname they want to use when they are 16 years old.
I have read on the UK Deed Poll website that to change a child's name everyone with parental responsibility has to consent to the name change, something I was never consulted about. My son now wants to be know by my surname, something that he (and my daughter) have always expressed to me over the years that they wanted to be know by.
My ex-wife has given me my sons birth certificate and paperwork of proof of the name change by Deed Poll.
My questions are: Did my ex-wife have the right to change my sons name by Deed Poll? Can I overturn the name change on the grounds that I did give my consent?
lupe 14/08/2014 at 5:06 am
My husbands exgirlfriend abonded therthere child for almost 5years know she wants back in the child life he has custody of him what can she do
saddest 01/08/2014 at 5:25 pm
As a paternal grandmother, and like many of the other comments posted, I too am shocked at the tone of this website and the total bias against fathers' rights (and with this, a child's rights to a father). My son's relationship with their baby's mother has broken down - he was ordered by to leave their home, but to continue to pay her 50% of the household bills while she was setting about claiming benefits and until these have been sorted, even though this left him with no money to provide his own accommodation. He is now 'allowed' to see his son 1 day and 1 evening a week and has been told that he is lucky. If his shift working does not allow him to be free to see his son on the allotted day allowed (i.e. when the mother is working and therefore needs childcare) then it is simply tough luck - he does not get to see his son, who is just 9 months old. He is a very loving and committed father and is quickly becoming deeply depressed and feels wholly powerless in this situation; as do I as the grandmother. We are scared of speaking honestly about this with the mother in case it makes the situation worse and access is even more limited. My son has asked for mediation but the mother so far refuses. Is this a good situation for the child or indeed for any of the parties involved? And how does your website justify this attitude to fathers?
beenthere Editor 31/07/2014 at 11:38 am
@sad30, I'm not sure there's much you can do about it other than go back to court and try and change the order but you'd have to prove he wasn't looking after the kids and that's not going to be easy. I know how annoying this can be when the father is suppose to be spending time with his children and he has left them with someone else!
Sad30 31/07/2014 at 11:14 am
My ex and I have shared custody, me 54% him 46%. When it is his time with the kids he gets his family members to look after them quiet a bit. What can I do about this? I would like to have more custody but know he won't agree easily. But he isn't looking after them anyway?
jj 30/07/2014 at 7:37 am
My husbandand I are separated and he is trying to take my8 month baby for two nights, it has been two months that we haven't heard from him or he have help us money wise, he have been depress. and he now wants his rights to be with the baby I'm scare that he won't b able to care for her after going into a depression. can he do that?
stupot 20/07/2014 at 8:20 pm
My ex never looks after her kids we have 3 boys 11-14 and she never takes them anywhere just gives them to her mum all the time can I put a stop to this?I have a shared residency order but would love them full time
candy 16/07/2014 at 9:37 pm
my sons dad has PR but does not see his son and does not provide anything for him, my partner wants to adopt my son but do we need permission from my sons dad? thanks x
mum1 Editor 08/07/2014 at 10:57 am
@upsetfriend, this is awful! I can't imagine what your friend must being going through, not to mention what the children must be feeling not being able to see their mum. If the children are left with someone or even at school then I don't see why she couldn't take them back as they are hers and she has PR. Other than that she could take her ex back to court (I know it costs money but she has limited choices at the moment) for a breach of court order - if there is a court order in place?
upsetfriend 08/07/2014 at 10:35 am
Hi my best friend has sent her children to contact with they father as part to their arrangement. This weekend the father has decided he wants to keep the children there. He has got PR over the three children aged 9 6 and 5 she have been to the police but they are powerless and she can't afford court now there is no legal aid. The father is trying to put the children into school where he lives. If he leaves the children with anyone else (who doesn't have PR) can she simply take them back? Eg if he leaves them with neighbors grandparents or school?
Helpless 07/07/2014 at 5:35 am
Hi .....I have a child who is one and his mother (who I am no longer with for over a year now) is from Lithuania but she lives here in the uk and has done legally for years, so after my sons 1st bday the mother then gave him to her mother to bring and stay in Lithuania for a couple of months (until she got back on her feet) now she has finally "gone" out there to collect him but said she will stay out there for a bit..... but just before she left to go Lithuania she found out I was having another child (which didn't seen like a problem as she left) but now she won't reply to my txt or Facebook msgs.... Also Just before she left she said needed a copy of my passport to get our son a Lithuania passport so I took a photo of it and sent it to her ....but I am really worried that she may try and stay over there now, keeping my son away from me... I am not sure who her lawyer is but she gets such advised like him telling her how to beat the system which after hearing some of them I know they are not all legal, it's really frustrating because I feel helpless and really don't know what to do let alone who to turn to.... help in anyway would be brilliant so I can hopefully have some kind of hope that there is something that can be done!
Thank you
gregson Editor 07/07/2014 at 12:24 pm
@tam, this depends if the child was taken from the mother in the first place and also the situation the mother is in now i.e. is she still in that relationship? Or does she still have contact with the abuser because if so then she won't be allowed to have her children back as they would still be classed as 'at risk'. However, if there is a residency order in place then the mother can't just go and take the child, she will have to go back through the courts to obtain the legal powers to take the child back.
tam 06/07/2014 at 11:20 pm
If a child lives with other relatives under a residency order started with a section 20 care order due to domestic violence which no longer exists can the child just be taken back by the mother and moved somewhere else
maw 06/07/2014 at 5:07 pm
Can i stop my ex seeing my son. He hasn't paid a penny for him and he is a drug user and he is violent, he was in jail a couple of times for slashing people with a knife, he has hit me and my eldest child and even though we split up he still tries to control me. I really feel my son would be better not knowing his father as he is a waste of space and always in and out of jail.
angel 27/06/2014 at 5:24 am
hi im angel..just want to have a concern about my case...i left there place because theres a big tragedy happens in my parents place..i left my daughter in my in laws..i ask permission in my husband(we are not marriad)that i will go home to my province and he allow me..they know the reason why i need to go home.theres a very strong thyphone called haiyan or yolanda in our place and it destroys all what we have in the house and most of the poeple are dead..im very much worried with my family thats y i decided to go home and they allow me..i did not message them for the reason that very hard network in my place..we have contact with my husband since he is on the ship that time,working as seaman.i left dec and my husband go back to philippines feb..he never contact me and no any message..its hard for me to go back to there province because of expensive ticket...im trying to contact him and i cannot..maybe he changed his number..i contact her cousin and i ask them that tell my husband to contact me or call me but he did not do it..and now i heared that he is trying to get a custody of our child which is 2 years old..need a advice.,.i want to have the rights for my daughter...
Daz 24/06/2014 at 1:38 pm
I have split with my partner who I have two daughters with. I am very concerned for their well being as their mother is constantly smoking pot around them.
She seems to think that what she is doing is not affecting her ability to be a mother but I know it is. She will go to bed at 11.30am till 14.30 and does this even when the children are home in her presence.
What can I do to save my children from this and how can I get her to clean up her act?
Shelly 15/06/2014 at 6:57 pm
Please help me - I have full custody of my son and my ex meets my son every 2 weeks for 2 hours. I am 31 and wish to get on with my life and want to study in U.S. please advise what can i do ? how to transfer the custody authority to my ex and what is he denies? where will my kid go?
jennifer moxon 10/05/2014 at 11:25 am
Me and my x split up when my son was born with a solisitor I asked my sons dad to sign his rights over to me which he did when he was 16 does he still have to pay for the child as I made him sign his rights over he is paying at the min but I'm not sure he should be
shezza 26/04/2014 at 4:21 pm
hi my son is 5 years old and me and his dad do not get on at all but he has been in his life since birth.we split when my son was just 6 weeks old the problem is when he had him last he brought him back 2 days late and i could not get hold of him and he was not answering any of my calls or txts and now im worried to let my son go to him but i know he has parental responsibility the same as me because his on the birth certificate im just worried sick that he will take our son and i wont be able to get him back can anyone help me on what i should do because i understand my son has to see his dad but he also needs his mum and im just stuck in what to do
booboo 05/02/2014 at 12:14 am
Does my ex husband have automatic contact rights he shows very little interest in their lifes it is me who has to contact him over the children
twiggy 09/01/2014 at 8:10 pm
My son inlaw has another child by someone else he pays csa for him,he has just found out the the mother of the child has changed his surname by depole to her new partners name.He is confussed and wants to know if he still has to pay csa for his child.I must add he has never had contact with the child.please can someone answer my question thankyou
Lesley 03/11/2013 at 10:44 pm
I split up from my partner nearly 3 years ago. I have never stopped him from seeing our child and never asked him for money to support our child. We both have new partners, I am extremely happy with my partner and he has his own business and supports me and my child with everything we could ever wish for but my ex now has a new partner who has 4 children and they are asking me for money to enable them to see our daughter. I have helped out in the past with small amounts of money which I know is wrong but now it's starting to turn nasty as they expect me to pay the travel fairs for him to come an collect our daughter and I am being threatend with solicitors and child protection towards my child. My child lives with me and has her own bedroom is clean an well looked after she is a happy healthy and extremely cleaver little girl. But my daughter has mentioned on more than one occasion that when she stays with her dad she has to sleep on the floor does not have a healthily diet when she is with him. She seems very unhappy when she has to go to her dads for the weekend and I am not happy with the words that he says to her for instance "why don't you tell mummy that you want to come and live with me!" She loves her dad but I find that all of these words are going to damage her. Am I wrong for seeking legal advice on these matters? I don't want anything from him just that he still has involvement with her an stops harassing and treating me.
fez 11/09/2013 at 12:34 pm
i was with my x parner she left me when pregnant

then when she surfaced when the child was 8 month old like a fool i took her back looked after both of them become a dad paying for every thing then as i thought things were normal i put my name on the certificate
3 weeks later she leaves and puts in for csa
now after 2000 pounds of solicitors fees she would not do a paternaty test
now she has totally left the area no idea were she is
but guess what i still have to pay for somthing that im sure aint mine
and ive ran out of money to take her to court
solo dad 19/08/2013 at 4:26 pm
Hi my story is to say the least shocking.
I had been married to my separated wife for 13yrs, last year at about this time (September) she started an affair with another man. After a few weeks she decided to move in with him and take our three children then aged 2 and 4 my daughters and my 10yr old son, I was not sure of my rights but had half custody of all three.
From the start there were problems especially with my children's mental health, "it was later found out he had been the case of a social service report regarding his own children", after a couple of months she left him and I took full charge of our children, she re-housed herself in a three bedroomed house but the children stayed with me and have been since November last year, she has tried to have the children for a couple of nights but it didn't work out, mainly due to the fact she was unable to cope with them.
Now the benefits we were entitled to are still payed to my wife and she gives me some money but not all of it, lately I've been asking her for more but she says she gives me everything I'm due. Just recently she has demanded that our two girls stay with her and my son stays with me.
Anyone know of any agencies or help lines I can contact for assistance?
Robsmummy 06/08/2013 at 11:04 am
My partner left me when my daughter was 5 months old and I was 8 weeks pregnant with his second child for an older woman he started seeing before my daughter was born, he is named on my daughter birth certificate and want to be at the birth and named on his sons birth certificate when he is born in 6 weeks time. What rights does he have? Do I have to let him take my daughter to this woman's house? I think she'll get confused as she is only 9 1/2 months old now and I don't want her thinking she's her mother, also her dad hasn't really been there, he may come and see her once a week if we're lucky. Please help, any advise welcome
brackster 16/07/2013 at 3:51 pm
As a female I am quite shocked & disgusted reading this that it is all written in women's favour. Children should be placed with the person most able to care for them & unfortunately this is not always the mother I think this website needs some drastic updating.
peggy 31/03/2013 at 3:56 pm
I am 17 years of age and study child care at college .I have left home and living with my friends family.the question I would like answering is can they claim family allowance for me or can I claim anything to help towards my keep.My mother says she as cancelled my family allowance but I am not sure knowing her. my mother also receives maintenanceCAR for me
chris 13/02/2013 at 8:06 pm
I quote you:Unfortunately in some circumstances, a father may take your childNot in the least biased then?God forbid the mother takes our child away from me? :)Just a thought: the rest isn't too bad. But do we really need the bias?
gentk 04/02/2013 at 6:06 pm
I must say as a father who loves his son and has spent two years trying to gain equal access, that when reading your information, the intimation is, it would appear,that it is the father who has to be watched out for,that it is the father that is likely to snatch the child and that it is the father who is the root cause of many of the problems.Having seen my ex partner lie in court, make false allegations against myself and refuse to hand over my sons passport to me, so we can also have a holiday...I could go on...I would ask that you consider a more unbiased approach when giving information, as it is this outdated attitude that helps to maintain the inequality against fathers and our rights to be considered just as important to our childrens upbringing and welfare as mothers.
matt or Paulo 22/12/2012 at 6:44 pm
see me and my my sons mum split up 2 weeks after finding out that she was pregnant. Ever ssince she has planned eeverything out to try making sure that i cant see my son by not telling me any appointments forr the baby scan scans, when he was born or anything till after it's already happened and too late to do anything about it it which i think is pathetic and childish in all honesty. So i want to be in my sons life and be the respectful role model that he needs me to be and i can also help out which iam doingh except i have to keep lying where the presents and money actually comes from and it's so unfair that woman get all these rights that us men who are wanting to do what they can to ensure that thee child/children get what they need and not have to worry about those woman who just want to be spiteful and self centered rather then having a childs real father in the childs life. what can i do so i can actually get the access from the courts and stuff, how do i go about it all?
sly46 21/11/2012 at 9:33 pm
hi been on csa calculator and for one child the differance is over 20 pounds aweek rang csa they told me that i was paying the old rates and would be till the child left shcool.the ones on website were the new rates and nothing could be done is that true
piggy 01/11/2012 at 6:23 pm
can a father stop his mother takeing grandchilden on holiday abroad even if the mother has said they can do the couple are no longer together and he doesnt support them
Crayon 31/10/2012 at 9:16 pm
I am a worried nanna! My youngest daughter is in an "abusive" relationship that sometimes becomes violent. She is struggling to find the courage to escape with her children. Her oldest child is 5 yrs old and from a previous relationship. However, she has a 10 month old daughter with her abusive partner and each time she attempts to leave him, he threatens her regarding their daughter saying she can leave with her son but the baby stays with him!!! I have organised for her to go to a women's refuge on two occasions recently, but she will not go anywhere with out BOTH her children. Her partner is a cannabis smoker and often their clashes are started when she asks him not to smoke in the home with the children there. I have read so much advice (often contradictory), that I am now confused. How can I help my daughter and grandchildren escape to a better life, without breaking the law???
Pinkie 28/09/2012 at 8:12 pm
Me and my boyfriend broke up in beginning of Desember 2 weeks after we have broken up I found out I was 8 weeks pregnant, but he already had another girlfriend, we were together for 5 years. i went through my whole pregnancy alone without him, during my pregnancy he kept on telling every one that he is not the father of my child, after the birth of our son, he wanted DNA tests and i agreed, the tests shown positive. our son is 2 months old, and he demands to have the child for the whole day and a whole weekend. I didn`t register him as the father, because he wasn`t there when our son was born. What can I do?. Does he have any rights to stand on, because he wants to take me to court?

Please help.
mumsie 28/09/2012 at 7:41 pm
I hope someone can help please. I have two children, !0 and 15. Sinse Feb 2011 I have had shared custody with their father (both children wanted this arrangement) We had a court order stating that my ex husband (my childrens father) was not allowed to bring the two children into contact with his partner of two years because he refused for me to meet her. I only wanted to meet his partner to build trust so I knew who the person was involved with my children. I felt he had something to hide by not allowing me to meet her so it was mentioned in court. The judge ordered a police safe guarding check to be carried out on her but she declined to sign giving consent for records to be checked (clearly didnt want anything coming out of the woodwork) Because she didnt comply with the court, they persumed the worst and stated in the order that she is not allowed to come into contact with the children unless I have had a face to face meeting with her and given them both written consent to say Im happy for my children to be around the mystery woman. 2 months ago my ex husband said he wants to move in with his partner and asked if I would like to have full custody of the children WOO HOO!!! HELL YEAH!!!!!!!! No hesitation I said yes!!!!! (I have been fighting for them for a long time, hes a bully, controling, and vindictive and intimidating and very bitter, and will hurt me through the children) He knows he couldnt take the children with him because of the court order so allowing me full custody was his only option really. I have sinse discovered that the reason his partner wouldnt have the police check done was because she has convictions for drugs, this alarms me a lot as I have no choice but to let the children visit him at weekends and of course she is there. But if I didnt allow they wouldnt see their dad. They have been in my full custody now for 5 weeks (and its amazing!!! they are back where they belong, safe and sound with their mum) but my worry is, I feel he should be paying maintenence, he has no mortgage with his partner, no rent, she owns the house, just a few bills, they both work and I am on the bones of my you know what, trying so hard with my work, the house and everything. I am so scared that if I mention money or contact the CSA he will attempt to take my babies back from me. Thats the way he is, he would rather hurt his children and them away from their mum (he did it before just to hurt me, not thinking of them) knowing they are settleld with me, rather than part with money. Could he take them back? Sorry for the novel!
mumsie
CJ85 24/09/2012 at 4:06 pm
Hello,

Every time I do research on this topic, websites are contradicting each other so I really hope you could shed some light on this.

My partner has his 15 year old daughter living with him after having lived with her mother for 12 years. All those years, my partner paid his ex wife child support. Now that she lives here, we are wondering if his ex wife owes him child support and if the family allowance she is still claiming should actually go to him.
If so, how do we claim for this?

Thank you for your time and thank you in advance for your response.
missy12 24/09/2012 at 2:04 pm
Hi my son is 2 he usually stops his dads every saturday but keeps comin home ill. iv had to take him docs and hospital past few week. n never seems right in himself. can i stop him from going? please help
Tiankerbell 19/09/2012 at 2:01 pm
Mother and father separated. Have one daughter with Downs Syndrome, presently aged 12. Contact order in place - father sees her every other weekend and after school once a week. Relationship between parents not a good one and mother feels bullied and intimidated. What will happen when the child reaches the age of 18? Will the mother be at liberty to live wherever she chooses without having to tell the father? Presumably when a child reaches the age of 18 they normally make their own choices as to whether they continue their relationship with the absent parent but what happens if that child has special needs?
Proudmum 18/09/2012 at 7:10 pm
Hi. I recently stopped my ex from having contact with my 20month old son due to him refusing to bring him back when he was poorly. He had been having our son every other Saturday for 6 hours but each time, he came back poorly. He doesn't have PR and is not registered on the birth cert but is paying maintenance. I have now received a letter from his solicitor stating that he wants to be included on the certificate and gain PR. He has also lied by saying our son has stayed overnight and has been over every week for tea!!! He was emotionally abusive to me throughout my pregnancy so I left him before our son was born. I spent 10 months with my parents before going back to him on a trial basis as he told me he had changed. I left 4 months later. Does anyone know if he will be granted PR and access? Worried that he will take our son and not return him to me and I'm also worried for the welfare of our son too! Please help
shaz 13/09/2012 at 8:42 pm
my x takes my daughter once a fortnight to his house but wont tell me where he lives do i have rights to know where he is taking my children, also does he have to have a bed for her, as she is sleeping in his bed over the whole weekend and i don't think that's right. i have a restraining order on his as a previous domestic abuse in the past when we were together, so i cant even check his house myself so how do i get to go check that he gets a bed for her? we have a solicitors letter written up with arrangements as he kept messing them up before and its hard without it as im not allowed any contact with him.
buddy 12/09/2012 at 4:07 pm
my x takes my kids once a fortnight to his house but wont tell me where he lives do i have rights to know where he is taking my children
jo 10/09/2012 at 10:47 am
my ex husband has not got a bed for my son as he gave his bedroom to a lodger. when my son sleeps he has to sleep on the floor in his sisters room or the sofa , is this acceptable or should he have a bed to sleep in .
Patti 07/09/2012 at 6:43 pm
I have a 10 year old son and I am divorced from his father. His father is a Narcissist and is Bipolar. He was diagnosed a couple of years ago but doesnt take the medication he is supposed to.
I remarried a few months ago and he is causing so many problems since then and I feel is jealous of the life we provide for my son and the relationship that my husband has with my son.
My son has not been going to see his father for over a year. Mostly because his father never called to see him but then the last time he was there overnight, my son told me they slept in a car so after that, I refused to allow him to have overnights unless he could prove that where he was staying was HIS place and he refused.
Now that he is paying child support (almost 32k behind) he suddenly started forcing the issue of him seeing my son and threatened to take me to court AND my son wanted to go so I let him go stay with his father for 6 weeks over the summer break. My ex lives with his girlfriend, her son and her son's grandparents (on his fathers side.. I know confusing)... Anyway, they did nothing over these six weeks except take my son's cell phone that I got him after the whole sleeping in the car thing and told me and my son that he could not talk to me.
When my son came back home he was traumatized to sleep in his own bed (which he has slept in since the day he was born) and afraid to go to bed because of a movie that my ex let him watch about a 10 year old boy that kills his entire family, told him it was based on a true story which it was NOT and now my son thinks that this could happen to him because he is 10.... What type of father does that? Is there anything that I can do? My son is now in counseling to help him work through this and to find out if anything more went on over there. I dont want to let him go back over there! Please help!
confusedwoman 02/09/2012 at 12:33 pm
do i need to inform my daughters father that im going on holiday for two weeks if his name is on the birth certificate, however he hasnt paid a penny towards her since we split,and hasnt seen her in over 3 months. i know the rules if there is a resident order which means i can take her on holiday for up to a month (28days) without consent, however there is no residence order, can i still take her without his consent??? please someone help its so confusing
tom 02/09/2012 at 12:28 am
Hi, My daughters mother left us when my daughter was 2 years old. (she's now 6 nearly 7) I'm in the RAF and have raised her with no financial support from the mother since the day she left. At first contact was every couple of weeks but this has gradually reduced over time. She has not seen her daughter since Dec 2010 when she came up and had her for a couple of days. Phone calls are very sporadic and when she failed to see her in Apr 12 as promised to her daughter I decided to not answer her phone calls. It took about 2 unanswered calls for her to stop trying, she's made no other attempt in that time to make contact. The mother is not working has had (still?) contact with drugs, alcohol dodgy people, I don't even know where/who's she living with. Tonight out of the blue she phones my house phone at 2300 and threatens to take me to court to have her daughter (citing that she won't have to pay and I'll have to pay a fortune, this is the kind of mentality I'm dealing with!) I know no judge would now grant her residency but contact? My daughter never speaks of her (I have not encouraged this) she is happy and settled and I don't want this mother coming in to her life and then leaving a possible car crash which no doubt she will. Where do I stand in the eyes of the law? Would she be able to get contact? would I have to drive my daughter to Norwich (we live in Whitby) as there's no way she'll have the means or finance to get up here? I guess I'm just concerned, Any advice would be helpful, Thanks, Tom
davie 02/09/2012 at 12:25 am
please help.please could someone email me some advice.ive recently split with my partner who is 8 months pregnant with my baby.shes threatening to stop me seeing the baby and says she isnt going to put my name on the birth certicate.can she do this? is it legal? i dont want to leave the baby in her care as she has a history of drugs.she has two kids from a previous relationship who both live with there father.she had a daughter who she gave up for adoption 15yrs ago.and another 5 yr ago.can anyone tell me what i should do and if i would have a strongg case for appying for sole custody.this is my 1st child and i cant sit back and watch this happen.please help
Lorrainepicks 01/09/2012 at 6:42 pm
My ex partner doesn't see our children as he refuses to get a job as he doesn't want to pay child maintainance. My son today who is 10 has gone out to the park and decided to walk to his dads, and now his dad is refusing to bring him home and Ive had threats today from his new wife. What do i do? Can i call the police in the same way that I could if I had a residence order? I claim the childrens child benefit but really not sure on what to do.
mike 28/08/2012 at 7:20 pm
Hello

I have just became a father roughly about a month ago now and the mother has registered the child on the birth certificate without my name and consent.

I've done some research on this website about what rights I have but I don't really understand them. Could someone please give me some advice on what I should do.

If I take her to court and succeed could I have my name registered on the birth certificate?
XeliseX 23/08/2012 at 9:21 pm
I have a 5month old daughter im a single parent and at first things were great my ex would come over to mine evey night to help out as I was really ill after having my little girl but then things just stopped and we split up I later found out he cheated on me and after we split started up a relationship with this girl but I never stopped him from seeing her and we would make arrangemts for him to come over at certian times and days as time went on he would come over less and less and stopped paying child support for her its been two weeks now and I have had no contact from him untill the other night saying he wants to see her next week I dont want him being a part time dad and seeing her when he wants is there anything I can do please help.
Jade Editor 17/08/2012 at 2:00 pm
@Tommy, yes of course you are entitled to claim child support. Your ex has a responsibility to support his child. The fact that his partner is expecting does not mean that his responsibility to his other child stop. If he is refusing point blank to pay any support then I would advise you to ring the CSA. I know they get a lot of bad press but in my experience they did their job and I stared to receive maintenance. Buying your daughter things does not account for child support, I'm sure you buy her things but you also feed, clothe and house her - which is what child support is suppose to help with. Good Luck!
Tommy 17/08/2012 at 1:39 pm
Hi me & my ex partner of 13 years have a 7 yr old child together,he is living with his partner & her children whilst she claims as been single !! My daughter lives with me & sees her dad every other weekend,he is in full time employment but wont pay to support our child,him & his partner r expecting ,he says he wont pay to support her because he buys her things! I claim working& tax credits as i work part time am i entitled to claim child support ????
SF1975 14/08/2012 at 10:25 pm
To Lindsay, I was in the same situation, except he pretends he is interested because his mother and sister make him, even though they never see my kid, they are all v odd. He is just threatening, ignore him, he's a bully and a pathetic coward, if you can, don't take his money, it's not worth it, trust me, I have been there with scumbags like that, It's not worth any money, these sort of men are only interested in one thing....themselves!!
tom 08/08/2012 at 2:22 am
My situation is different and long. A girl I had a one night stand with gave birth to my daughter. The mother has a history with drugs, suicide attempts, anxiety, depression, bi-polar. I said I wanted to be involved in my daughters life and saw her every week and paid child support voluntarily. I was left off the birth certificate but after 2.5 years I got PR through the courts. The mother abandoned my daughter in Leicester by dropping her on my door step. I continued working and caring for her for 8 months while she went on holiday to clear her head... I allowed her contact where over a weekend where she ran away and stopped me seeing my daughter for 2 months (also 2 previous times she had stopped me seeing her when she was younger)

I took her to court for contact which I was granted but she had moved to London. I spent 6 months travelling to get her at weekends then I was offered a London based job so I moved to be closer. The mother then called the police and was found armed with a knife threatening to kill herself and with my daughter with her. Social services supported me becoming full time carer. I started her in nursery and had 4 days to decide which school she would go to. I tried to keep the mum involved offering contact with me or her mum present. she committed to seeing my daughter about once a month for a few hours. the mum moved back to leicester and spent the next year dossing on friends sofas, in squats, not working or paying any child support.

I met someone and moved on with my life and her daughter and we all moved in together like a family in london. My ex did not like this and subsequently tried to snatch her back again to put her in a school in leicester however her own mother now sick of the situation had texted me to warn me of her intentions. due to the instability in her mental state and the snatching threat (based on that she had already snathced her back) I suspended all contact until we could go to court.

The mum is now pushing fo full custody in leicester. My daughter is 6 soon and has lived in london for 3 years and with me for the past 2 years.

My daughter has been diagnosed with attachement disorder from the first 3 years of her life with her mum. she is very difficult and can not trust anyone. she has big problems with abandonment but I am the only person she trusts and the only one she has a real bond with.

I feel guilty I have had to suspend contact and know it will look bad in court but the situation I am in now is not one that I got to over night. I have been pushed and backed into a corner over 6 years by past actions from the mothers side.

currently the mum is sending the police to my house as she has concerns about me and my partner. My partner owns a day nursery which is seen as outstanding by offseted ... we live above it. the police said they said she is making waves and for us to expect it to get worse but they need to respond if a child is mentioned.

The mum is now contacting the s
A Father 10/07/2012 at 11:53 pm
I'm a dad, not the best, but by no means the worst. My daughter stays with me 3.5 days a week. That's shared care...7 divided by two equals 3.5...
I'm not going to bleet on about how the C.S.A "appears" biased against fathers but more to the point, how when all things being equal like my shared care do I then have to pay the mother when she already earns more than me and receives child benefit?

There was no devine intervention in our daughter being brought into the world. It took two people to make her so I understand when fathers like me "appear" to be rather annoyed at how the system "appears" biased towards us dads. I want to bring up my daughter and want to do it equally with her mother, but please can anyone answer me this...who is financially supporting me to bring up our daughter?
Mummyzlove 07/07/2012 at 8:21 am
My ex had no interest in the children at all. Since i have been separated from him i was allowing him supervised contact every month. I have stopped that contact now as he had hit my eldest child during a contact session. He has taken ne to court and the court have granted him indirect contact (letter writing) only. He is redusing to allow me to have a redidence order and is saying he wants them to stay with him.. Any help or advice is greatful please.
chrissy 01/07/2012 at 3:14 am
Boot on the other foot.........

My ex and I split up two years ago and I sit by whilst my ex decides when and if he sees his children (AGED 5 AND 7 )at the weekend. He takes every opportunity to undermine my parenting skills in front of the children and significant others.
He has snatched the children, threatened not too return them and constantly infers he will do what he wants because he has equal PR. He refuses to go to mediation. He refuses to recognise that our children have the right to be listened to and treated with respect.
You can probably begin to understand why I left him.
He is a bully with his own set of issues. His nemesis was being brought up in an authoritarian household from which he cannot escape.
Your probably asking yourself at this point why I do not act to protect myself and my children. It is because we do not live in a perfect world and although I would prefer my children are protected from the emotional roller coaster I would choose damage limitation over alienating a parent.
I can assure you he would not think the same. If the boot was on the other foot I would be fighting residency.
Kayliz 23/06/2012 at 11:19 am
I have a 4 month old baby! I was never in a relationship with the biological father! He had a major drinking problem and attacked me one night last year that ended up in court he recieved a two year suspended sentence and probation he then went into rehab centre to help with his drinking I was therefore very scared so I moved to a different county whilst pregnant! He came to visit my home address to see the baby, he turned up under the influence of alcohol so I was therefore extremely worried for my baby's safety! Since leaving rehab he has also been subject to being drunk and disorderly so he clearly is not learning! He is not on the birth certificate! I do not want him involved in my life and certainly not the baby! I feel this negativity will not be healthy for my baby nor safe either! What are my rights and how can I prevent any thurther contact with this man
Single mom 16/06/2012 at 11:51 am
Actually dont no what to do, im terrified if i let my sons father see him that he will take him iff me, he and his mother have it in for me for some weird reason, im not perfect but im a great mother and i wouldnt be able to handle my son being takin away from me, i wonder if i can get him to agree to wrting a letter and signing it then if he keeps him, can i get him back??
lindsey 24/05/2012 at 12:53 pm
Just heard from the csa today that the father of my baby who is now 18 months old and she is beautiful. (he has no wish to see her or me since I became pregnant) and hasn't even though he knows where we live!

I am single and he refused to have his name on the birth certificate and denied paternity until he found out that it was going to cost him for the test! (digress).

CSA have contacted me today to say that they are going to enforce payments and back payments and they have told me that because he has to pay then he is going to demand that he see her. He is going to start threatening me with contact with my daughter unless I drop the child maintainace.

He doesn't have much to do with his other children from previous relationships and they look at him in a negative light. I do not want this for my child.

Where do I go from here?
JB 20/05/2012 at 8:54 pm
I was divorced 3 years ago and I have not seen or spoken to my two beautiful children in 18 months. The divorce was my fault, I had an affair of which I am deeply ashamed. My ex decided that she would lie and twist the truth and alienate the children from me which she has done with devastating effect. The UK legal system and CAFCASS are beyond belief, they automatically believe everything they are told by the mother and ignore the father. My sons 'wishes and feelings' report was written in my ex handwriting.... obviously very impartial. I have been accused of child abuse, of domestic violence and she told the court she was afraid I would kidnapp the children if I saw them! All complete lies...why why why is this allowed to go on and even gets the support of the legal system? It beggars belief, I was nieve at the start of this and believed the legal system was fare and unbiased.... How wrong was I :( A sad Dad :(
Princey87 14/05/2012 at 1:06 am
I love how this website seems to be solely aiming at hard up mothers? What about us genuine fathers. My daughter is one and is my world. My ex has moved in with her parents and won't let me see my daughter even though I was at the register of her birth and on the certificate. 2 weeks now of not seeing her and it's killing me. None of these places seem to care about fathers in my situation. My ex has bi-polar and they want me to have a drugs test because I smoked a spiff 5 months ago so she lied to her parents I'm an addict and only her father speaks to me and lays the terms down... Hate it :(
marzy 10/05/2012 at 5:21 pm
I want to move to another country with my 6 year old son, im single mother but my ex name is on the birthcert, can he stop me doing so, as i have a job waiting for me there, it is not in europe ,he does not pay child support to me
SingleDad 01/05/2012 at 2:01 pm
Fascinating to read. I didn't realise that I have PR as my son was born after 2003 and my name is on the birth certificate. I am not ready for a residency order yet but one day soon I hope that I can really think about this - at the moment my job involves too much travel. Thanks...
cj 01/05/2012 at 1:28 pm
My husband has 2 kids by his ex wife but she stopped letting him take them for tea and every other weekend when he began introducing me to them (slowly and not overnight, as per recommendations). When he applied for a contact order, even though the previous arrangement worked well for 4 years, and the boys wrote a letter to the court saying they wanted to see their dad, the courts told him that he should only have indirect contact and should write to the boys and their mother would enable them to respond 'when they felt able'. Needless to say it is now 3 years since he has seen or spoken to them, even though he writes about once per month (we don't beleive she passes on any letters/cards etc). It is still blatantly obvious that the family courts, Cafcass, and everyone else involved in cases like this, ALWAYS take the mothers side - she didn't want the kids to spend time with me and their dad, so she lied through her teeth to get what she wanted, without a thought for them. Strangley she's always happy to receive child support, which since she decided to go to CSA just to be awkward so now actually gets less than before. My husband would give his back teeth/eyes and sockets/right arm to spend just a couple of hours with his kids, but she has broken his heart by forbidding their sons the chance to develope their relationship with their dad as they are getting older, and we can only hope that one day they will seek him out and try to recover lost time. It never gets easier, and the precious years of their childhoods have been lost to him forever due to her callous and completely unnecessary lies that have taken us to this place.

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