Your Legal Rights as a Parent

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Your Legal Rights as a Parent

Losing full-time contact with a child is a difficult and painful outcome of any separation or divorce. The parent who retains day-to-day care of the child may not experience as much separation anxiety as the non resident parent, but they will however become more financially minded.

Maintenance payments from the non resident parent will help ease the financial pressure of raising a child, but unless parents agree to shared care or regular access and visits there may be other problems to overcome too.

Parenting Plan

A custody court order will include a parenting plan or visitation schedule which parents must adhere to. This plan is more likely to affect, and/or restrict, the non resident parent, particularly if the parents are not able to communicate effectively. Understanding and accepting that there will be imposed changes that will affect a non resident parent’s relationship with their child in some way, may enable the parent to consider expressing views openly prior to the custody order being finalised.

Many parents are able to make private arrangements that put the child’s rights and needs first. Joint custody or shared care will enable both parents to have regular contact with their child, and to contribute equally to the emotional, physical and financial aspects of child raising.

Child Support Rights Checker

Child Support Rights Checker

Answer a few questions about your situation and get a clear summary of your child maintenance rights and options.

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Making Modifications

A non resident parent may have a court order but may still experience problems enforcing it. Being flexible about re-arranging a visit keeps communication open. However, the parent with care must acknowledge the non resident parent’s rights.

If problems persist, threatening to withhold child support is not a good idea. If a parent has to go to court to enforce visitation any threats to stop child support payments will be held against them. Modifying maintenance is only acceptable if the parent with care has an increase in income whilst the non resident parent’s income has decreased, or a parent’s expenses have increased considerably through illness etc.

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

Parent And Child Rights

On the whole, the law allows parents to bring up their children in accordance with their own beliefs and values. This gives parents the right to make decisions about the child’s upbringing, provided the child’s well-being is never put at risk. Parents must accept that wanting their own way however, is not the same thing as exercising a right. Although parents have the right to set limits they do not have the right to enforce views.

A parent has the right to determine their child’s name, religion, form of education and healthcare. They also have the right to accompany the child outside the UK and agree on emigration issues. Parents who have a joint custody agreement share rights and parental responsibilities. If the child’s parents are divorced, however, the mother generally has charge of parental responsibility, although the father’s opinions can be expressed and documented.

A child’s rights state that a parent must ensure their child is safe from harm, has somewhere to live, has food, clothing, medical care and education and is financially supported.

The Next Step

Child Support Rights Checker

Now that you have read through the advice above, you might want to put it into practice. Our Child Support Rights Checker lets you answer a few questions about your situation and get a clear summary of your child maintenance rights and options. Try it now →

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Ask Child Support Laws a Question
Marshmallow 08/11/2020 at 5:38 pm
Hello not sure if your still offering advice but i’ll send in anyway. Me and my sons father do not get on as he causes drama for me with his side of the family.I do understand after my sons birth we had an argument because i found out he was seeing another girl and we both have kids with him oddly enough our kids are 5 months apart from each other age wise. Even though i did not like the idea of this other woman i did encourage the fact our kids could meet get to know each other as they are blood. Which i thought this was the adult thing to do. Yet im always made out to be the bad person in this situation and have been pushed out of any thing .My babydad belittles me and makes me feel bad about myself. He does not see his son as often as he should but always uses the excuse that his always working. Which isn’t the case because his always out getting drunk, going to pubs, clubs and meeting girls. I have never stopped him or his family seeing them but when they talk down to me and do stuff to me its not nice for me to be around. I did have an injunction out against him because he assaulted me and smashed up my place. I always feel bad because i dont know what to do. Do i have no contact with them fully or what? There was a mention of going through court if he wanted to see his son but he had said on his side he will not do so and has said to me that ive won and that im poisoning our son against him. Hes never helped me financially and never supported me in any way but always says hes struggling but will go out& buy stuff. I just would like some advice as my son is my world i want to do whats best for him.
Mother 18/10/2020 at 6:33 pm
Hi me and my partner are currently fighting to get our son back from care he is 7 months old his childrens guardian is trying to get me and my partner and our son to go to a residential unit he is currently under an interim care order the guardian for our son is trying to say we aren't keeping him safe but the social worker is wanting us to have a transition plan can the guardian force us to go to the residential unit or can a judge force us to go to the unit what are our rights
smiler 14/08/2020 at 1:29 am
hi im a father of 6 lovely children 4 boys 2 girls from 4 different mothers. i have my own house .i live alone but my children often sleep over.i love my chidren unconditional we have a bond.iv recently got myself involved in my partner argument whith her 15 year old son which is not mine.We have a 12 month old baby together boy.he lives whith my partner but im whith him everyday.3 days in my home and 3 days in my partners home.2 weeks ago i arived at my partner home.When i opend the front door i was confronted by an argument between my partner and her son.my partner was very emotional and upset as was our baby.My partner asked me to remove her 15 yearold son by asking him to leave the house.when i confront him he started becomeing abusive and started lashing out by kicking and punching me.as i defend myself i block him and used my side body to push him out frontdoor.eventualey things calmed down.1hour had past my partner phone was calling it was her son demanding to come back home.and iff not he was going to phone the police and tell them i assulte him .there after i had to go to police station were i was interview about it i was release without charge .my partner also gave a statment against her son.because of all this my baby has been put on child register under physical and emotional abuse.my partner under emotional and me under physical .i feel as a father raseing 5 other children iv been treat ed unfairly .have social service got the right to do this to me whithout seficient evidence .
Pakie 12/07/2020 at 6:11 pm
My x and I separated in 2017 we had a joint business he stole all the money close the business down. I reported him to the police for fraud and tax evasion. When I found out I had a nervous breakdown. He applied for pr and financial remedies from me. I cannot really afford anything I have 5 houses before we met. I live in the family home which is in his name. He began to manipulate the child all the authorities supported him saying the child wants to live him. Child has not seen a single member of his families or friend since the step father got the full custody. They step father Began to bring to child to places saying I wand beating the child. The schools reported stated that the head teacher spoke to the child on a daily basis and the child made no dosclosure of ever been smacked or any incidents up to 2 months before custody has been awarded. The court gave me no contact order what so ever since December 2018 I have not even had a letter from my son who was 8 at the time now 10. I asked for photo social services said the child does not wish to give me any photo of him now since august 2019. My son is a black child I have been locked out of my child live. There is no evidence of my son cultural need been met or his religious need we were active member of a church. Also no evidence of social interaction with friend my husband has my son under lock and key. Some day my emotion is so low I don’t even know what to do. I feel so lost I have no say in my child life at all. He step father has always punish me and he is continue to do so. If I go any where near his house he report me to the police for breaking restraining order. He injuries his self and won a restraining order. Not a single person believe me I have never tried to harm him or anyone else. I can’t even write down what is happening cause it’s so strange. I want my son to do drama classes because he uses to go to private schools but my x don’t want to pay the fee so he said my son don’t like that school and don’t want to go there my son was taken out of the school the judge in court order him to change to a state schools so now he has no familiar settings. People say I should keep going but often time I loose hope. I cannot protect my son. I feel I need to look after myself but I can’t even do that. I don’t take antidepressant anymore which is good but god now I wish there was something I could who. I just don’t know how. If anyone out there with any advise I would welcome it.
Troubled 07/12/2019 at 1:18 pm
Hi
My husband left the family home unannounced I found wardrobe empty upon him.going to a night shift .
He called the children following day and told them he had left because he didnt get on with me .He has regular phone contact with the children aged 16 and 12. There is no regular parenting plan he pays little maintenance and doesn't take the children for overnight stays .he takes them as and when.I have tried to arrange a plan for weekend and he has told me he doesn't do things governed by me . I am a nurse and I also need to work extra shifts but it proves difficult. He has no contribution to the joint finances including mortgage. The house is in joint names I am not eligible for legal aid or universal credit. The finances are extremely stressful and i have gone into financial difficulties.
Any ideas on how to enforce he takes his children so I can work .
He told my 16yr old he was filing for a divorce 6mths ago I havent heard anything
Jimbo 09/09/2019 at 12:41 pm
Can we change our granddaughters name as we have full parental responsibility for her through the courts. Her mother gave up coming to contact with her 6 months ago. She has been with us since 3 days old and she is now 6
Smithy69 11/07/2019 at 12:30 pm
My husband has a child with his ex who he has been heavily involved with. He has his daughter fortnightly which works fine. We both work full time and his ex is trying to impose that he has him during school holidays holiday/unpaid leave, when his ex only works part time 2 days. We feel this is unreasonable as she receives maintenance which she can use for nursery fees. We are also wanting to move towns so this will be incredibly difficult.

Obviously he wants to see his child but it feels unreasonable to expect this when we both work full time trying to earn a living and support his daughter financially. Does anyone have any advice?
SJ 08/05/2019 at 10:27 pm
Hey. So me and my ex split up Christmas 2017, we have a daughter together, she's 2 and a half. When we were together, what I didn't know was that he was on drugs, I actually told him on our first date how much I hate drugs and would never e with someone who took them (all the while, he did do them and was addicted and I had no clue) it eventfully came out a month after our daughter was born, I kicked him out, his family got him help because he was so addicted, he was going to meetings, then he stopped going and said he didn't need them and had stopped, stupid me believed him.. anyway, when we split we came up with an arrangement between ourselves that he would have our daughter overnight Friday one week and overnight Saturday the next.. I then found out he'd been taking drugs again, I messaged his step mum (we get on really well) and she said his dad was going to drug test him st work, a few days later she messaged to let me know he'd passed it, so obviously I was happy. Turn out he'd taken somebody else's pee in a water balloon and that's the reason he passed. I later found out he was smoking weed at the back door whilst our daughter was in the living room (about 3 feet away), so the whole house was smelling of weed, he was then laying g on the sofa stones, with his headphones in whilst our daughter was crying asking for juice. I hadn't to stop him from seeing her on his own because I just don't trust him. He still sees her every weekend when she goes to his dad and step mums. In January, he messaged me and threatened me with social services because our daughter wasn't potty trained at the time and he didn't think it was right and then he said he was taking me to court.. he didn't none of those things. I then did t hear from him until last week about sorting arrangements again. Our daughter won't go near him, he never bonded with her when she was a baby, would rather be all over me, did no night feed and change do maybe 4 nappies in the 15 months of her life that we were together for! I know he won't stop the drugs, he enjoys them too much, as do all of his friends. He stopped paying child maintenance in January because he said he wouldn't pay until I let him have her as usual again, so I went through child maintenance, he lied about his wage to them. He made his first payment st the beginning of last month but hasn't bothered to pay this months that was due over a week ago. I don't know what to do.. I'm not the type of person that would keep a child from their father for no reason, but I'm worried for my child's safety when she's there. I shouldn't have to be up all night worried sick when she's saying at his house. He no longer wants to go to court, he'd rather make arrangements between us, because he knows how much of an idiot he's been. My question is, what can I do? Can I stop him from having her overnight? Like he could jst have her through the day and bring her home beforehand bedtime, I can't put my daughter in
LOLLY 15/03/2019 at 9:32 pm
Please can you provide advice. My son has a residence order and the mother has a contact order. Recently we have had concerns that the child is being emotionally abused by the mother and she has been put on a Child in need plan while concerns are investigated. Last week CSC informed my son he cannot allow the mother any unsupervised contact due to a professional providing advice which substantiated our concerns. The mother has asked that my son is not given details. Is this legal as how can my son safeguard his daughter if he doesn't know what to look for.
Mothership 25/01/2019 at 3:52 am
I have 3 older teenage daughters, who were living with me until the divorce and sharing of assets was finalised through the family court. My youngest who was 13 broke my heart when she came home one day after a weekend with her dad, told me she hated me and wanted to live with him. Since then she has only met me shopping, has told me she has been self harming, is seeing a counsellor and tried to take an overdose and ended up in a unit, which her dad failed to tell me about at the time. I was severely depressed, had been signed off work for a time and my relationship with her is awfully difficult for me and I imagine her. In the divorce settlement his pension would amount to over £1,000,000 of which I had a 34% share of which even the financial adviser I sought investment advice from had to get a 2nd opinion as she couldn't believe that he was planning to retire early and making plans for himself with it already. He had kept his earnings and pension from me all those years, which I felt such an idiot and I received 97% of the family home which we had to sell, so I could afford a place to live and a pension. I had been the parent who gave up work and childminded from home and took other jobs. He fought hard against me receiving anything but the courts decision was a departure from equality whatever grounds they had decided.

However, despite the fact that he is on a high income of around £100,000, has a new wife with a high salary and rents a house with en suite bathrooms which he decided to buy to accommodate our daughters, he went through court to take £200 a month from me in child maintenance. I am in childcare employment and my monthly income is £850 a month, of which now I am living on £650. I am struggling to meet all my bills, but luckily have no rent or mortgage. I don't afford birthdays or xmases now.. I am searching for other employment but my self esteem is pretty flipping low and I am probably not coming across very well in interviews. Child maintenance people are awful to speak to and just lay on the law down the phone about anyone being able to apply and receive. Surely there must be something that would be based on his earnings and mine that would say I can't actually live properly on this arrangement, let alone have a relationship with any of my children.

Do you have ANY advice or suggestions as to what I can do without being made to feel like some soul destroying non-supportive parent who doesn't mind about the money side of my children having things, but it doesn't seem right I can't have a proper, caring mum/daughter relationship without the vindictiveness of her dad. This is the reason he is doing it to me, is because he resented that I was entitled to what I received in court. He wanted his million and for me to receive nothing, and he obviously finds this empowering to him.
Reyna 15/01/2019 at 6:56 pm
Further to my last comment my daughter has taken this court and caffcass said in the initial interview that the social services will have to give a reason why they took my grandson off his mother. We went to the first court meeting and true to form caffcass say the case will be left with the social services and caffcass will not be involved. My granddaughters paternal grandfather hurt her and it was reported to the police and guess what social services do not think that this is a section 37 matter. On the 16th November I rang my GP to see if my granddaughters medication had been picked up because she was still no better ,no energy ,low moods and always asleep to be told that her prescription for the 10th October was still sat in the surgery. My daughter reported this to the social worker her reply was ITS NOT MY JOB TO MAKE SURE THET ARE GIVING HER THE MEDICATION. On the 19th November I was in the dentist the same dentist as my granddaughters uses my daughter text her ex to remind him he needed to take there daughter to the dentist later that day he said OK. While we were stood at the reception the grandmother rang and cancelled the appointment her excuse was she did not want to go with her mother SHE WAS NOT GOING WITH HER MOTHER HER FATHER WAS TAKING HER. Reported this to social worker her reply was its not place to make sure she goes to dentist my granddaughters teeth are in a mess and still she has not seen a dentist. I made a formal complaint and pointed out this was neglect and abuse and guess what happened they completely ignored me . Caffcass told me to chase this complaint up and they completely ignored me again so I rang and they put the phone down on me. In a core meeting they were going to vote to degrade my granddaughters to a child in need when I brought up these serious allegations and they all decided to keep her on the protection order which now they deny happened which I have in black and white. The chair of the meeting said there needed to be a section 37 but the social worker will not authorise it. This social worker sat in my daughters house and admitted that the children's father and grandmother were abusing the children and that is why it was good we had brought it to court. They took my grandson for no reason and still to this day no one can tell us why so don't anyone tell me there is more to it that this Rotherham Social services are corrupt.
Shahh 15/11/2018 at 9:02 am
My little boy is 3years old, I left his farther when he was 3 months old. He has always been able to see my little boy whenever her likes. Once a week or three times a week whatever suits him. Last weekend he has decided he wanted to go to court and see my little boy through court. It makes no sense to me why he would want to drag us to court when he is able to see my little boy. I’m wonderig where do I start because I know the farther won’t ring and won’t start anything.
Pencoed dad 14/11/2018 at 7:05 pm
I am now divorced with 3 lovely boys. I pay well over the minimum maintenance required by law And make sure they dont go without. However my ex wife has now decided that the boys will not be coming with their overnight bag of clothes to wear (every other weekend) as she thinks i should have a wardrobe each for them at my house. Surely this is wrong. Any advice please.
Juk 12/11/2018 at 9:14 pm
Hi my 8 year old daughter goes to see her dad once a fortnight she only goes sat dinner to Sunday afternoon! She used to go longer but would ring me up crying wanting to come home! This is getting worse she went this weekend and only lasted a couple of hours this weekend was first time in about 8 weeks she had been! My ex is depressed and not coping well according to his mum and he always shouts at my daughter which she doesn’t like and he knows this! I don’t feel that he is stable which is concerning to me and my daughter doesn’t want to go she keeps saying is it right In keeping her away and not have contact can I do this by law ? I feel like I have to safeguard her
Cofor friend 11/10/2018 at 12:16 pm
Hi i need some advice. My sister in law had had a bad relationship with her ex but has never stopped her 8year old daughter seeing him. H9w ever he has never really bothered and when he does her daughter said he always shouts and makes her look after her little brother from another relationship of his. My sister in law found out he deals drive and yes tried to take his own life. She has tried everything but he even tried to force feed his daughter and now she doesn't want to go there. He hasn't bothered for many months and decided to go through courts. They had only one mediation. Can her daughter's say be enough. Her daughter has epilepsy and the thought of seeing her dad is stressing her out and making her have seizures. Thabks
Millie 09/10/2018 at 4:27 pm
My brother is having a baby due end of this month but his girlfriend has left him she is shycotic (hereditary) was on medication for it before she fell pregnant also sees someone for it so it a medical condition but she had turned round and told him he's not seeing the baby but he's also not allowed to do anything or she goes off on one but then the next thing she's saying there's a chance they could sort things out then changing her mind again she's also saying he won't get his name on the birth certificate and the baby won't have his surname, is there anything he can do?
Reyna 04/09/2018 at 10:45 am
You say social services don't take children off a parent without good reason I am telling that is exactly what they have done baring in mind this is Rotherham social services who allowed 1500 children to be raped . I have sought legal advice and the law is on our side because this whole mess has been influenced by a higher power mates doing mates favours.
Reyna 03/09/2018 at 3:59 pm
My comment is true there is no more to it than what I am telling you. The grandmother has not been diagnosed as a sociopath but shows all the signs. The children have been told by her if they go to live with there mum she is going to give all there belongings to there cousin which has turned them against thete cousin. She refused to let my daughter take her to the doctors when she was clearly ill and the grandfather said she had been ill for sometime and they did nothing. My grandaughter has said she sometimes sleeps in her clothes her teeth are green and she allows her to have a dummy at 12 . The children are not allowed out of the house when they come home from school. She was seen taking mail out of my daughters mail box at the time we thought it was for her son but turned out to be 3 mediation appointments. She put an app on my grandaughter phone to intercept my daughters messages to her daughters. My grandaughter would not show her grandmother a pot she had made saying her nan would smash it. She told my grandson if he did not go across to his mother's she would buy him Fortnite credit. My daughters tyres have been slashed so she cannot take them to school. My daughters TV arial has been cut do theres no TV for the kids. The kids have both said the SW is lying about what they have said. They said both kids were withdrawn there GP has spoken to SW and told her my grandson is not withdrawn that he is a happy healthy little boy but my grandaughter clearly is. SW know all this and yet no one has acted on this. My grandchildren are allowed to live with there mum now as the evidence has been proven wrong. So who is pulling the Strings of the social services and this is only a small portion of what they have done there are far worse incidents.
ChildSupportLaws Editor 03/09/2018 at 3:08 pm
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. We cannot predict what a court will decide, but your daughter will be asked her opinion at age 11.
Duffy 31/08/2018 at 9:25 pm
My ex husband had since Sept 2017 room to have our daughter overnight which he never asked for.

We are moving away to which ex husband gave his consent for. A contact schedule has been put into place at mediation which he also agreed to.
We are now moving within the next few days and just got a letter from his solicitor saying that ex expect our daughter to stay with overnight in about 6 weeks time.

That is a letter i got 3 days after our daughter ( 11 1/2) told him that she doesn't want to stay overnight at his.. she is now getting upset thinking that when she sees him next he won't bring her back...

I do get i can't force her and neither can he.. I guess the only options would be for him to go to court.

I accept and so is our daughter that over night will happen at some point but she doesn't feel ready for it yet with a new home new school to get use to..

Is there anything I can do to help our daughter? If goung to court what likely the outcome could be ? Would she be listen to?

We have been separated 2 1/2 years. In that time he never asked for overnight and he choose to see our daughter 8 hrs a weeks..
Wonder 21/08/2018 at 4:49 pm
Hi. My child’s father is withholding his passport from me unless I pay a specified amount. We have a court order I. Place which states it is to be shared but he’s refusing to give it to me unless I pay. He’s stopped paying child maintenance and what worries me if I pay I could be in the same position for the next 5 years. Is there another way to get it without going to court. I am emotionally drained from my ex husband he loves all the drama.
Thank you
Do Ron 21/08/2018 at 5:53 am
On 31st July 2018 2 social service workers visited me at my partners home after a home check advised my 2 son's age 4 and 7 were to remain with me as there mothers home was unfit for them to return to after I had supplied them with photographic evidence the week before.on 3rd August I took out a emergency residence order which was granted and my ex got to see the boys at her father x3 days a week for 6 hrs.
Social services then kept assuring me that boys were happy and content living with me and when before the residence order was in place seen 1st hand both my son's reactions when suggested they were to stay at my ex's father's with her which has inadequate space for 3 extra people to stay, was brushed aside and at court on 20th August 2018 social services with there new manager who is only 5 days in her role as manager and doesn't know the case thinks it's right to state to the court that both kids should return to my ex's home when they still have concerns reference her mental health also that the house can return to condition it was which caused them to place both kids with me .
I strongly believe there is discrimination in social services behalf as they have not assessed me at length but are willing to put my kids at risk they gave my ex 3 weeks to get her home in a acceptable condition .
When they done home visits they were quick enough to bring up any concerns she made but not willing to listen to my concerns ie my ex's new partners drug habits delaying having a police check completed on him. any advise on this matter would be greatly appreciated
ChildSupportLaws Editor 10/08/2018 at 9:51 am
Unfortunately, I cannot answer your question as there must be more to this matter than what you say. Social services only remove children from the resident-parent if there is good reason or a serious incident has taken place. Has the grandmother been diagnosed as a sociopath by her GP? If so, it is unlikely social services would put children in someone's care with this diagnosis. Your daughter would have to seek professional legal advice in order to explore her options. The Citizens Advice Bureau should be able to help with direct advice and guidance.
Reyna 09/08/2018 at 1:50 am
My daughter is involved with social services her two children have been given to the grandmother who is a sociopath . The case against my daughter is fabricated and under an investigation my daughters ex has family who are high up in the council services and are influencing the situation. My daughter lives directly across from her ex mother and her situation is unbearable. No one has given us an explanation as to why the children were sent there we had just come back from a 4 day holiday. My granddaughter has lived most of the time at her grandmothers because she only lives across the road . My daughter has not signed nothing to allow her children to live there and there is no court order. The children's father no longer lives there he has moved out to be with his girlfriend . My daughter may have got another house does she have the right to take both her children to live in the new house which is not far away from school the children go to.
ChildSupportLaws Editor 03/08/2018 at 12:24 pm
Unfortunately, your only option is to try to solve the matter between you, use mediation or apply to court as there is no specific rule stating your ex has to give you this information. If he has parental responsibility of yours/his child then it is deemd he will accordingly act responsibly and take care of your child.
Nena 02/08/2018 at 2:10 am
My son father refuses to tell me when and with who he takes my son too . He only has him once a week and that one day he has him he refuses to communicate my sons where abouts. What are my rights in this situation. Please help
Dave 03/07/2018 at 1:37 pm
After advise my two kids live with me the father have done for three years.they see there mum twice a week and stop over on her days off.we have a court day so we can have it in writing it will be two nights a week but in September three nights when she has arrived going to reduce hours.my solicitor has drawn up an agreement for court too which she has agreed before court.now saying wants three this week here and there and as there is no court order yet she can.what do I do as no structure
ChildSupportLaws Editor 22/06/2018 at 11:34 am
In a situation such as this, if you cannot agree then mediation is the next option to consider in order to come to a regular and consistent agreement.
Georgie 21/06/2018 at 6:15 pm
Hi I am after some advise I have two children with my ex age 7 and 12, I have never stopped contact and never made things hard for him but two years on and the changing of contact is getting ridiculous and more frequent it is not good for my children as he makes out it’s all my fault (I have everything in writing so can prove it’s him that’s changed these arrangements) over the last two years he has gone from have them 3/4 time a week to having them from 5.30 on a Thursday eve to 5.30 on a Friday morning the arrangement was he’d pick them up from my house or my parents if I was working (I work most Thursday evenings as it’s good to work while kids are not there) he’s been picking them up from my parents house for the past 8 weeks if not longer and tonight decides he can’t do this (he drives and we all live In The same town so has no valid reason why he can’t just he can’t) I have said I’m not going to be dictated to anymore the arrangement is in place and that’s how it’s staying so he’s not seeing his kids this week where do I stand? Am I ok to be firm at this point and the arrangement stays the same? The contact has been changed approx 8/10 times over the last two years and it’s jist ridiculous there’s no need for it for the children’s sake more than anything thanks in advance
Philip 09/06/2018 at 6:15 am
Hello, I have my son stay over for two nights a week once during the week and once during the weekend. I would love to have him more but due to having other children at home and work commitments I am unable to do so.
My ex wants me to help her during the holidays or to pay for her childcare so that she can work.
I have looked at the csa calculater and I'm already paying her more than I should be. She's basically saying that she needs more help and that if I don't give it to her she's going to take me to court and I'll be forced to have my child more in the holidays and pay more money. Can she do this? I work full time and have 2 other children if I could help more I would. I was only having him once a week and I've already helped by increasing my time to include a week day as well.
Revans 08/06/2018 at 12:57 pm
Hello,

I have a child with my ex partner who is trying to exercise his wishes as rights. My daughter is 6months and I’m still trying to get her into routine. My ex partner is demanding that she stay with him a few days and I don’t think this is right at this point as disrupting her routine has a very bad impact on her. I’m trying to get him to spend time to learn her routine but he feels that parental responsibility gives him the right to have her. I have never stopped him from seeing her but he likes to come late at night when it disrupts her routine. Is he allowed to do this ? As she stays with me, I can tell him it’s not right ?
ChildSupportLaws Editor 11/05/2018 at 3:42 pm
A court will not take a child away from one parent and hand the child to another for no good reason. The acquisition of finance or property doesn't determine a good reason. You have a residency order through the court, so it is highly unlikely a court would change this and hand your daughter to a parent she barely knows. Consistency and stability are what the courts view as more important and it has been you as the resident parent who has offered this. You may wish to join our Separated Dads forum if you would like further advice if you are self-litigating, as many of the advisers have been through the court process before and can give good advice. I hope this helps.
Scared father 10/05/2018 at 8:59 pm
Hi can anyone help I’m a single father of a five-year-old daughter in 2015 I obtained prohibited steps order against my wife from removing my daughter from my care in 2016 I obtained a child arrangements order that my daughter remain living with me and the order states that the mother can have contact once a month for five hours unsupervised and one video phone call every Saturday however since the order was made the mother has missed 2/3 of direct contact and 1/2 all video calls then in January 2017 the mother informed me that she was pregnant and would not be intending to make contact until sometime in 2018 Until after her pregnancy she has now contacted me stating that she wants to re-establish contact with her daughter and that she wants her daughter to live with her on a permanent basis me and my daughter live in London and my wife lives in Manchester she has had no contact for over year with her daughter and barely any in the last three years since our separation she did not attend court or social services hearings and did not engage with Cafcass however I am scared because my wife’s New partner has as a larger property and finances and they are claiming because they Are a family unit they can provide my daughter with a better future i am a British citizen so is my daughter my wife is not I have a large family support network and will establish and my wife has no family in the country they are threatening to take court action against me can anyone please give me some advice I have represented myself in the previous hearings and cannot afford a lawyer but I’m desperate for help
Vix 02/05/2018 at 9:37 am
Hi, I split from an unhealthy mentally abusive partner 3 years ago. He is a functioning alcoholic and I believe he has underlying mental issues aswell. We have an epileptic litllle one who also is on the autism spectrum with developmental delay. My ex has had nothing to do with my little one although I’ve tried to enforce contact. For 3 years he has continued the mental abuse a regularly stalks me. I’ve begged for help with my son begged for him to attend appointments but he refuses unless I sleep with him. I’ve now resorted to mediation as I’ve offered contact every Sunday afternoon but he wants contact fortnightly or as and when he wants. This is no good for my son.. recently I’ve blocked him contacting me so he has decided to start contacting my sons school and other agencies my son attends this is un Nervi gets me as he has never had any interest and seems to be doing it to get to me .. can I have this stopped as he refuses any contact and has not seen my son for over a year although contact has always been offered..
ChildSupportLaws Editor 20/04/2018 at 11:22 am
The gov.uk whichshould tell you all you need to know about applying for a child arrangement order. If Children's Services have said you need to keep your child safe, then the courts will allow you to apply directly without having to attend mediation. If domestic violence has been an issue, you may be able to apply for Legal Aid, It would be advisable to keep contact supervised until the court has made the order. Your ex cannot force you to do otherwise.
Sophie 10/04/2018 at 3:20 pm
Hi, I've recently left an abusive relationship. My baby is 8 weeks old. When I fell pregnant my partner promised me he would change. The abuse entailed physical emotional verbal and in the end finicial. My ex is a functioning alcaholic and would regularly get drunk and verbally abuse me get aggressive and scare me. When we brought baby home he began to be aggressive towards me when I was holding the baby . He swore at baby held him rougly i was afraid to leave him alone with his dad.I contacted social services out of desperation to get my partner to change he has very little insight into his problem. Now that I have ended the relationship I need to keep my baby safe but I don't want to restrict access entirely I don't want to be accused of witholding access thru spite, which I'm not. Children's services have said on their report I need to consider contact to keep baby safe. He saw him for 2 hours at my mums house. But will ask for more please help I'm scared that he will take my baby to get back at me. What can I go to court and do?
ChildSupportLaws Editor 27/03/2018 at 12:20 pm
If you cannot agree between you, then you would have to seek mediation in order to resolve this issue. There are no right or wrong answers. However, is never a good idea to withhold access as a punishment if you are punishing the child as much as the parent.
ChildSupportLaws Editor 27/03/2018 at 12:14 pm
Any changes to a contact order must be agreed by both parties. One party cannot unilaterally decide to change the order, meaning you cannot decide that your children no longer have to go see their father. If you wish to change the terms of the order, then you will have to refer the matter back to court to let the court decide what it thinks is in your children's best interests. If you breach the order again, then your ex will have the option to refer the matter back to court to once again have the order enforced.

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Catherine 26/03/2018 at 9:45 pm
Hello. I desperately need some advise. I have three children, 14, 11 and 9. Father didn't bother to see them for a period then decided to bother, went to court to see them regularly. I agreed everything. Then in a few months I ended up in court again when he hired a barrister and took me to court to impose injunction on me - breach of court order. Apparently for one occasion he didn't have an access, he claimed I prevented children to go to his, for this, he went to court. Judge standed by me, and I was let go without any fine charge or injunction. I had to fight for my life atvourt that day. He turn up arrogant with his confident barrister and I turned up alone with no legal aid. He and his barrister not only tried to enforce an injunktion on me but also make me pay all their hefty legal expenses, yet he didn't pay for months any maintanence. Although it was a victory, I am still shaken with the animosity and embition to annihilate me that day.
A year passed and there is another problem now. Children 9 and 11 do not want to go and stay at his house, but the father keeps treathening to take me to court every month if they dont go to his because they are ill. Originally, when he took me to court to annihilate me, I told court that my son then 13, do not want to see him, they said he is growing and can make his decisions. Since then my son never went to his, and this never bothered the father. So, when is the age that my younger children can chose to go or stay and this will not give the father another opportunity to take me to court. Please help me
Half full 23/03/2018 at 3:44 pm
My ex husband and I have a final order child arrangement programme in place. I am the main child carer in the arrangements split. The ex husband is now saying that he doesn’t want to see his eldest son and has suggested that I take the eldest and he takes the youngest. I have not agreed to this but if he refuses to take the older child do I have any right to delay/refuse contact for the youngest? I don’t want them separated and I think it would be detrimental to both children on many levels to experience this.
StepUp 23/03/2018 at 8:26 am
Hi. My step son chose to live with me and his father, however his father got work overseas and now lives overseas. I am still in the UK with my step son. I claim maintenance through the CMS from the mother. Due to renting our home, my step son has had to move in with his Nan... Can I still claim child maintenance through the CMS? My husband and I are still paying for day to day care of my step son such as food, clothing etc.. he just isn't living under the same roof. Thanks.
k 21/03/2018 at 10:13 pm
hi am looking for advise, when my son was 18 months his dad wouldn't return him from having contact with him, i had to go to court to have my son removed from the house he was being kept in, the police assisted with this. we both them went though the court to set out in writing the arrangements for my son. at the time i offered weekend contact but because of a long line of issues discovered through the court case he ended in a contact centre, then due to failure to attend the contact centre and having no relation with my son over the 2 year court case the judge wanted to rule no contact, although the father wasn't deserving of my son i didn't think it was right to not leave a window of opportunity open for him to be a dad. I request that the judge give him a level of contact but to put things in place so that the issues over the time of the court case wouldn't happen if contact was taken up. the judge do this as far i can remember, i no that he order my son to live with me and for his father to have no parent responsibility in teams of every day decision making, his father couldn't get a passport or bank account in my sons name etc the judge order alternative weekend one night stays, this was in 2010. my sons dad seen him 2 times after the court case and then hasn't seen him since. my son has autism so struggles with change, emotions and social skills. his struggles was so bad over a period of 3 years when contact stopped with his father that he was taken out of mainstream school for 12 months, he is currently settled in a mainstream school and has been for a few years now, he is due to start secondary school in sept and now his dad has made an application to the court for contact. where do i stand on this as my son doesn't no him and his condition only makes it harder with change and getting to no strangers. I am obviously worried that my son will have the same issues as before with emotional side of things regarding establishing contact after 7 years and i don't want this to impact him going in to secondary school. his grades are really good and he is happy, could you please advise, thank you in advance
ChildSupportLaws Editor 16/03/2018 at 11:11 am
If your ex has parental responsibility of your child, you would still have to request his consent to change your child's last name, You would have to take the matter to court, if you wish to request the court takes away your child's father's PR. However, it is rare a court will do this. A court has to have very good reason.
Hay 15/03/2018 at 6:28 pm
My daughter is 10, her father has not seen her for 5 years (his choice) as he moved away and has a new family and never paid child support. I have never taken him to CSA as we cope without his money. I want to change her last name as she still has his last name. How do I go about doing this and am I able to get his parental rights towards her terminated?
ChildSupportLaws Editor 12/03/2018 at 2:32 pm
If you stop your child from seeing his other parent, then you should discuss why with the other parent. You then have the option of trying to work through the issues via mediation. If you refuse to attend mediation on the request of your ex, then your ex will have the option to apply to court. if the matter goes to court, a court will then decide upon what it thinks is in the best interests of your son. If a court order is put in place, then you would have to stick to it. Therefore, it is always best to try to work alongside your ex regarding what is causing the problems and try to resolve them between you, or via mediation.
ChildSupportLaws Editor 08/03/2018 at 11:38 am
If your ex has breached the order, then you would have to refer the matter back to court to have the order officially stopped. A solicitor's letter specifying that as your ex has had no contact then the order is no longer applicable, may also work. However, the order is naturally no longer deemed a working order, especially if you or your ex do not wish to apply to court to have the order enforced.
Ashjo 07/03/2018 at 8:44 pm
Hi
I was wondering if you could help. My daughters dad had a contact order put in place and last Feb he decided to cut all contact and blamed it on my then 7 year old daughter.
There has been no contact from him and the only way I found out was when I asked his wife why they hadn’t been to pick her up. Is there anyway I can get the contact order removed due to this?

Thanks
ChildSupportLaws Editor 05/03/2018 at 2:41 pm
If you cannot agree between you, then mediation would be the next option. The last option to consider is court via a child arrangement order, 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.
Miss Jane 04/03/2018 at 9:15 pm
My husband and I are struggling to sort out contact arrangements for our 2 year old son during the holidays. He says he wants him for half the holiday, but in one block (so 3 solid weeks over the summer). My son has not been parted from me for more than 3 nights and we still breastfeed. I think he would find it incredibly unsettling and upsetting not to see me for so long. Any advice on how to approach this with my ex who is permanently angry and very vindictive.
ChildSupportLaws Editor 26/02/2018 at 2:14 pm
Often the court will ask Cafcass to prepare a report. A Family Court Adviser will prepare this report usually after seeing both the parties separately and with the children involved in the case, they may also wish to see the children on their own
Clou90 24/02/2018 at 8:14 pm
Hi.
For the past 6 years i have always given my ex every other weekend (fri-sun eve) with my 2 children 6&10 yrs old, he used to have a week night for dinner but constantly cancelled on them so we stuck to every other weekend. I had a harrassment order against him but when this ended he applied to court for more access saying i with hold access (which i never have even when he didn't pay or was being abusive) and wanting their passports to take them abroad (which am worried he wont return them) and also wants their surname changed from mine to his stating he wasnt aware (even thought he was in same room and signed the birth certificates) im so worried that all his lies will be believed, my children are not toys he is never there when he does have them anyway!
S5 24/02/2018 at 11:06 am
Hi. I have a very unusual situation where by a very close friend has a 5 years old daughter. She has been split from the father for 4 years. The daughter sees her dad 3 times a week and the relationship between the parents is amicable. Over the last 18 mothts the little girl has said how she doesnt want to see her dad anymore. This is because in her words 'she doesnt like him, he doesn't talk to her or do anything with her as he is always playing on his phone. The mom has been convincing the little girl to see her dad however last week the girl broke down at school in tears and told the teachers. The teachers have fully documented the situation and have relayed back that they can tell that what was said was the little girl's own mind and nothing has been fed to her. She is still absolutly adamant she doesnt want to see her father and cries at the very suggestion of possibly seeing him or even talking to him. How does this stand legally? The father is now looking to take this through court to get and order to force the girl to see him. Can this be granred against the girl's will?
ChildSupportLaws Editor 19/02/2018 at 3:26 pm
If both parents have Parental Responsibility and one parent keeps the children against the other's wishes, the police cannot intervene, even if the children do not normally live with them. They are only able to intervene and take a child back to the primary carer if there is a possible risk to life. 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 Child Arrangement Order
Charlie 19/02/2018 at 12:13 am
Some advice please. Me and my child father broke up 2 years ago, with a child who is 6. Dad lives 300 miles away and doesn't pay any child support which doesn't actually bother me. He demands I pay for my son to see him which I do with no problem but obviously can't do this all the time and he has seen him a hand ful of times in the last year, he always threats to take him away for me unless I give him money ECT. He is meant to having him next weekend and I'm worried he won't bring him back. I understand that he has every right as his on the birth certificate, but I was just wondering is there anything I can do if this happens as he lives so far away it would completely mess with my son as his school, family and friends are all here and with him barely seeing him recently I'm worried for my son. I believe he also does drugs and is being evicted from his house so it not like he can even support him.
ChildSupportLaws Editor 13/02/2018 at 3:36 pm
There are no set rules. Your ex can try to lay down some house rules, but it doesn't mean you have to comply or that these rules cannot be challenged. If you cannot agree arrangements between yourselves, you would have to consider mediation, or if your ex refuses to attend mediation, court to let the court decide these matters. 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 13/02/2018 at 12:20 pm
You would have to speak directly to the Child Benefit Office regarding this matter. The receipt of child benefit means that your ex is effectively considered the primary carer of your daughter. By being the primary carer, it means he is allowed an extra bedroom when applying for a council house. Where parents do not choose who is to receive child benefit, the Secretary of State will use his discretion to decide. This usually means that the decision is taken by HMRC, who often look at the number of nights a child has in each home. The issue is further complicated by the question of which parent is entitled to the child benefit has implications for receipt of related benefits such as child tax credit and working tax credit. These are generally paid to the primary carer who receives child benefit. Likewise, if CMS is involved with regards to child maintenance payments, the parent who receives child benefit becomes the receiving parent and the parent who doesn't becomes the paying parent. We cannot tell you who will be allocated the child benefit, that is up to HMRC to decide.
T 13/02/2018 at 11:45 am
Separated from my 1 year old sons mother just after we found out she was pregnant. Since 6/7 months old, my new partner has been involved in my boys life. She also does all running around, ie. Pick ups/drop offs for my son as his mother refuses to do so and I am unable to learn to drive due to epilepsy. Also, when mother asks we drop him to alternative addresses on occasions. We recently asked her to compromise on some things with us, including doing half the travel. She has now told us she has got legal advice and that by law I am responsible for all pick ups and drop offs, so she will not help as she is not obligated to? Is this true? She is also adamant that legally I have to tell her if we are staying at an alternative address or visiting a place further out than usual when we have him. Is this correct? She has also advised my partner can no longer be around my son alone, or pick him up on her own (as she used to all the time), even though her own words are 'she is a great stepmum'. I feel she is trying to control me/the situation by fabricating rights, or is she correct?
CityRus 12/02/2018 at 7:26 pm
Hello don't know if you can answer this but me and my ex split up 4 years ago. We were not married and both agreed on 4 nights with me and 3 nights with his dad. Right from when my daughter was born I claimed child benefit. A year after we split my ex put a claim in for my child benefit so I asked why and he said so he could get help in getting a council house as he needs to be the one showing he receives child benefit. He said he would pay me the child benefit every month as it's not the money he is after its the status of having the benefit paid to him. So I notified HMRC straight away of his intentions and said I agree to surrender it to help him out for now if they were ok with this and the reasons why and he promised in turn that once he was in a stable relationship again I would be able to claim it back. Well now is that time and instead of allowing me to have it he is fighting for it. Am I likely not to get it back now or am I within the best chance. Alot of people tell me I will get it back no problem as I originally had it and did it as a good will gesture. Cannot believe I put my trust into him. I was warned not to.
ChildSupportLaws Editor 12/02/2018 at 12:28 pm
There is no right or wrong in a situation such as this. If you cannot agree between you, then you would have to agree via mediation, If you cannot agree via mediation, then your ex will have the opportunity to apply to court.
ChildSupportLaws Editor 12/02/2018 at 12:16 pm
You do not have to allow your child to visit her father abroad. Your ex must get the permission of everyone with parental responsibility for a child (i.e you) or from a court before taking the child abroad, If you refuse, your ex 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.
ChildSupportLaws Editor 12/02/2018 at 12:05 pm
I am sorry to hear this. Your first step should be to send a registered (or solicitor's) letter to your ex-partner in which you ask her to reinstate contact between you and your child. Don't forget to take a copy of the letter for your records and keep your proof of sending. Court is always seen as a last resort and you will usually have to show that you have both attended a Mediation Information & Assessment Meeting (MIAM) before you can apply. If this produces no action, and/or your ex refuses to attend mediation, then you have no alternative but to go to court and apply for a chail arrangement order, The courts do want fathers to have relationships with their children and in all likelihood a court order would be granted. Once a court order is in place, your ex would have to keep to it.
Mummygeorgia 10/02/2018 at 6:18 pm
Over 3 months a go I fled domestic abuse from my kids dad. Since then we have both kept it Sivel for the children and both agreed to set a rule that no new partner is to meet the children for at least 6 months and then only when the other parent has met them first. Me and the kids dad both have not so savoury exes so the rule was put in place to protect the kids safety and mental well-being. How ever I have now found out that thier dad is seeing someone new, has been since before I left and he has introduced her to the kids by taking them to the park for play days on several occasions. I have told him that until I have in writing that it won't happen again and that the original agreement is kept in place them there will be no contact. Am I right in what I have done?
Finch 10/02/2018 at 5:35 pm
Hi.

Need some advice please.

The father of my child moved abroad when she was about 2. He only comes to see her once a year for a couple of night's. (She is now 5) she sometimes doesn't want to talk to him on the phone and I feel like I have to force her.
He wants her to go abroad and visit him but I don't feel comfortable with it and now he is trying to manipulate me. She's very confused with the situation, what do I do? What rights does he have?
Gabbs 10/02/2018 at 12:27 pm
Hi hope you can help .
I split up with my girlfriend of 5 years we have a daughter which is 3. My ex will not allow me to see her any more . She has said on a number of occasions I can see her but when time comes she is out or will not answer the door. All I want is to see my little girl .What can I do . Thanks
ChildSupportLaws Editor 09/02/2018 at 2:33 pm
You are under no obligation to give your ex your new address.
Fresh start 06/02/2018 at 8:22 pm
Left my sons father. He is on the birth certificate and we communicate regularly regarding our son i.e. His Development, illness, doctors etc. He has him one day a week and sometimes over night. Our relationship is far from amicable By any means and won't be for along time but kept civil for our boy. however my question is, he wants to know my new address. Until our relationship is better I don't want to give it to him as it's the first time in a long time I feel relaxed in my own home. as long as he is involved in his up bringing and his PR are not being denied am I legally obliged to pass on this information
Mumoftwoboys 30/01/2018 at 7:55 pm
My 19 Month old son's dad hasn't bothered to see his son for 3 weeks now even after agreeing in meditation that he has him every Sunday he even asked for it too be a Sunday and signed paperwork so that my son has a regular contact with his dad who hasn't had a bond with yet , things was fine then he kept trying to change it and make up excuses why he can't get him , I don't no what to do when he trusts to have contact again as my son really don't want to go to him anymore as he don't no who he is now , he sees my boyfriend more then his own dad and he don't live with me and is now calling him dad even though we say it's tom . Think I need to seek legal advice again as iv tried getting him to be a dad to him but he just keeps throwing it back in my face , it's like he is picking and choosing when he wants to be dad , so frustrating
ChildSupportLaws Editor 26/01/2018 at 1:56 pm
Your son would have to suggest mediation to his ex in order to try to come to some arrangement on how to get his children into school more regularly. If your son has parental responsibility of his children, then he can also try to negotiate with the school. However, if his ex does not keep to this any arrangement agreed through mediation, then he would have to apply to court. 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.
Lou 25/01/2018 at 12:33 pm
Hi just need some advice me and my ex went to court the court said my daughters father can see his daughter 5 hours a week he also got parental responsibility despite him only seeing his daughter on and off for 2 and a half years blaming me anyway hes still playing mind games she comes back home hungry when hes ment to be giving her dinner my daughter ment to have told him shes had no dinner shes hungry contradict himself now hes saying my daughter never tells him shes hungry next hes says she had 2 toilet accidents when i know he wet her pants and knickers on purpose knickers was soaking wet if she had a accident just a certain part would be wet her trousers was soaking wet at the top the legs wasent wet at all hes only been seeing his daughter a few weeks on his own every week there is summat else we have a contact book so everything is written down im just sick of his games what can i do
grand ma 23/01/2018 at 2:03 pm
need to clarify my last pot; my son needs to know what action he can take to make the mother ensure the childrens regular attendance at school

school are `talking ` to mother but its not having any effect
grand ma 23/01/2018 at 1:55 pm
my grandchildren are having lots of time off school as their mother will not ensure their regular attendance. she is basically lazy and seems she cannot handle a 9 ye sold (who to everyone else is a sweetie) or the 14 year old (who has become moody and nasty )

when my son has access, roughly every other week, to his child he attends school regularly but as soon as he is in his mothers care he stops going to school
we think the daughters attendance is also poor but my sons ex will not give him information on it and the 14yr old will not see her dad

what can he do?
ChildSupportLaws Editor 19/01/2018 at 3:48 pm
If your ex has PR of one child, then you will need to seek permission from your ex to allow this child to leave the country, this includes applying for a passport, please also
KB 19/01/2018 at 2:45 pm
Hi.
I'm seeking some advice as I'm worrying myself silly.
Basically, my ex left me with 2 children in early 2005. We weren't married. My DD was about 15 months and DS was 1 month old. He moved away for work and met someone else. He came to see the children twice, the last time being November 2005. He has not seen them since and has not ever attempted to initiate contact. He does not pay any maintenence through the CSA or otherwise. In 2008 I contacted him seeking permission to change the children's surname to mine (he has PR of DS born in Dec 2004, but not DD born in Oct 2003). This was very stressful (there had been violence/threatening behaviour towards me during our relationship and its aftermath, the police were involved, etc, it was horrible) but he agreed to the name change. We have had no contact since, he's not interested in knowing the children at all.

Fast forward to now- my children are 13 and 14 and keen to go on school trips abroad, so I've finally got around to applying for passports for them. I feel awful that it's taken this long but I'm very anxious about it and probably been sticking my head in the sand. Will I need my ex's permission to get a passport for my son? Will I have to provide the school with specific permission from my son's father in order for DS to go on the ski trip? I'm near tears just at the thought of having to contact him just so that my DS can enjoy this opportunity. It sounds stupid but it's really upsetting me. I'm married now and day to day, week to week, the children's biological father doesn't even feature in our thoughts, obviously the children have no memory of him. I can't believe he could hold this power over us.

Thanks in advance.
ChildSupportLaws Editor 16/01/2018 at 11:43 am
Your partner would have to either suggest mediation to his ex in order to try to resolve this matter. If his ex refuses to attend mediation, he would have to refer the matter to court under a 'specific issue order'. You don't say whether there is a court order in place to allow your partner to have access to his child. However, his ex has no right to dictate who he should have in his child's life. If he has parental responsibility, he has the right to decide who his child sees or doesn't. If his ex continues to refuse, then he should think about applying to court. His ex would have to have a good provable reason from preventing your partner from allowing the child to see you. 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 16/01/2018 at 11:24 am
Where parents cannot agree, mediation is the next option, There are no rules that say one parent has to give the other the address, as there may be varying reasons for the other parent not wishing to do so. Therefore, mutual negotiation is the only way to resolve this, or as a last resort court under a 'specific issue order'. As in all cases, the court’s main concern is of the best interests of the children in question.
ChildSupportLaws Editor 15/01/2018 at 3:12 pm
You don't say how old your son is? The older your son - the more say he will have regarding the issue, should the matter be referred back to court. If you keep your son without the other parent's permission - then this will give your ex the option to take the matter back to court. You would be better to try to discuss the matter mutually with your son's father if you can. Or through mediation - or refer the matter back to court yourself for re-consideration if your son is old enough and if the court will allow this.
Tricky 15/01/2018 at 2:36 pm
My grandchildrens parents have broke up.father won't give mother his new address where children will be staying every other weekend
Mum does not feel this is right and wants to know address
lloyd 15/01/2018 at 2:18 pm
My new partner has a child with his ex girlfriend whose 15 months old, unfortunately me and her do not get on.. she has told my partner that he can not take his daughter back to his or anywhere else because she doesnt trust him because of me seeing his daughter a few times without her 'knowing' even though i was told she was fine with me being around the little girl,before she wanted me to look after her daughter whilst she went to the shops to which i agreed (24 November) up until now she has said he can only see his daughter at a contact centre so she knows i wont be around or he goes to her house which he doesnt want because he has the parental rights of spending the time with his daughter and decides what he wants to do with her (his words), i've told her i wont be at his when he has his daughter for the weekend or whenever they agree and she still wont allow it.. can she stop him taking their daughter to his house?
YOGI 14/01/2018 at 8:49 pm
Hi, I have a residential order for my two boys, as I spend some time overseas for my work (posted worker) and he refused to give me leave to take the boys. In the court order the father has a spends time with order of 6 times a year, two in the country I am posted to, he has filed for a reduced CMS payment in line with this travel, but has not actually traveled, and is out n out refusing to travel, which is a breach of the court order, normally I would not have been especially bothered and in the first year I used to drop the boys almost on his door step as I was in the area, so the claim was unjustified and a bit of a shock to say the lease, but now I am refusing to go out side of the court order, as he now has two years of backdated reduction, with no evidence, applied by the CMS. Where do I go from here? I think it's important that they spend time with him, but I can't force him to spend time with them and If I do the travel, he's still claiming the reduction. CMS won't listen to me, they stated that there is doubt that he does travel, but they are following the court order.
Tasha 13/01/2018 at 11:08 am
Hi all just looking for a bit of advice. I split with my child's gather when my son was less than 1yo. At 19 months he went to live with dad as I had asked because I was suffering post natal depression and at the time seemed like the best to ensure my child was given the love he needed. However, dad got a residency order which is currently in place that he stays with dad 3 nights and me 4. Just after Xmas 17 dad and I had a disagreement and he stopped my son from seeing me. On 10th of Jan, my son absconded from school to come and see me and has remained with me as per court order of 3 nights. However, the day has come to take my son back to his dads and he is playing holy hell adamant he's not going back and that he just doesn't want to be there. Dad has changed his number so I not anyone else can contact him. What do i do as I don't want to get in trouble for breaching the order. But at the same time I don't want to force my son whilst he is kicking and screaming. Any advice please
Joel 01/01/2018 at 3:12 am
Hi iv put my 1 year old daughter in care with my mums cousin n her partner they have day to day care was only suppose to be temperaly they went behind my back after telling me I can see her 2 times aweek and drop it down to onece a week visits now due to me reading what els they said in their fake statement they gone behind my back and gone to my daughter lawyer and I havnt received any letter stating or confirming that my mums cousin has to find out from lawyer if it OK for me to visit her non of what I'm hearing from my mum isn't making sence
Mum 27/12/2017 at 12:54 pm
Hi. My husband and I separated in Oct 2016 I have kept the house but cannot afford to buy him out. He pays no maintenance as his income doesn't allow now he is renting. He says he can dictate who I have in the house despite not contributing at all since February this year when he moved out. Is this correct?
Obviously I would never have anyone in the house who would cause my son,aged 14, any harm and his happiness and safety are of paramount importance to me.
Phil 25/12/2017 at 3:36 pm
I have a 3 yr old daughter who us registerd to my x girlfriend's address but I have what she says is equal arrangements on who has her I never actually agreed to her terms but felt for my daughter's state of mind I see how it goes baring in mind I knew around certain events threw the yr it would break down as my x who I split with 6 mths ago constantly threatens to stop cut down or change days to suit her I'm on birth certificate and live only 200yrds from her but her constant arguing and what ever goes on in her household is traumatizing my daughter and now when I have her she gets very upset at going home time iv logged many issues on advice about her behaviour got hundreds of messages vile and even my daughter sending voice clips to me . Iv recorded her visits as she constantly makes me out be bad one my daughter frequently screams no when she appears now Christmas eve was my night but she said she wants her home with her family no arguments and I'm to get her midday next day I was opposed to this but when got to Yasmin my daughter's level and hot her opinion she want stay but mummy said home to hers I said ok and in the day Xmas eve Yasmin was tuning temp coughing and exhausted eventually early evening she slept and weather being cold I told mum but abuse starts I nursed her till 5am and at 7am she awoke and I took her when dressed to mummys but she's denied her coming back to me as I did last night on purpose can I get her legally somehow
ChildSupportLaws Editor 22/12/2017 at 11:02 am
Yes. If you do not have parental responsibility, then the parent with PR can contact the police to have a child returned to them. However, if you wish your daughter to live with you and your daughter has also expressed this as a preference, but the child's other parent disagrees, then you can apply for court for parental responsibility and a residence order, The older the child is, the more their preferences are considered. 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.
Elvis 21/12/2017 at 6:20 pm
How old has your child got to be before they can decide which parent they want to stay with. my daughter is currently 15 and I dont think I have parental rights as she was born dec 2002 .. does this also affect where she wants to stay ..
Betty 19/12/2017 at 11:19 pm
Hi. I split with my ex when my daughter was 18mths old. She is now 14. She has always lived with me and we always had a very close relationship . I was a aingle mother for the most part. The father and i always had a very amicable relationship. We shared parenting and communicated very well. She spent every other weekend and holidays with him. More if needed.There was never an issue with finances. Last Xmas I was informed that his girlfriend really dislikes me. They moved in together shortly after. Unfortunately my daughter experienced bullying which affected her mental health. She asked if she could live with her dad for a fresh start to get away from bullies. I agreed but was promised that nothing would change. As soon as she moved in I received messages from the gf stating that this was now her family and I would play by her rules and see my daughter when they said. I repeatedly asked for meetings to discuss and this was denied. The father refused to read the messages I was sent and did not pass on my requests for meetings. My daughter was taken in to hospital a few months ago and i was not told for a couple of days. Following this we agreed that we would communicate better (whilst in the presence of mh professionals). I have received minimal contact from both my daughter and her father. Contact from my daughter has diminished. I had a minor argument with my daughter on the phone recently and she stopped talking to me. I am repeatedly asking for communication from the father about her mental health and requesting meetings so that we can discuss parenting. He says he will phone to talk but doesn't and if he texts he tells me very minimal info about her welfare. I am confused about my rights as a mother. Please advise.
ChildSupportLaws Editor 18/12/2017 at 10:16 am
If you have a residency order through the courts, the police may be able to intervene and return your child to you, as your ex has breached the court order and a residency order specifically decides the parent with whom the child should live. Any changes to a contact order must be agreed by both parties. One party cannot unilaterally decide to change the order or apply additional terms. If they wish to do so, they will need to refer the matter back to the courts. If the police can do nothing to help, then unfortunately your only option would be to refer the matter back to court.
Stuck 16/12/2017 at 3:10 am
I have a residency order , my ex is refusing to return our 11year old child. They have got our child to say they are happy and they don't want to see me. The school are siding with my ex and don't seem to offer any relevant advice. My solicitor suggested an emergency court but I can't afford the upfront fees. Surely as I do not agree to the change in residency my child should be with me?
ChildSupportLaws Editor 15/12/2017 at 12:56 pm
Any changes to a contact order must be agreed by both parties. One party cannot unilaterally decide to change the order or apply additional terms. If they wish to do so, they will need to refer the matter back to the courts. However, 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. Further it is important to consider the needs of your child first and so some flexibility may be needed on occasion. A solicitor's letter reminding your ex of the terms of the contact order and the repercussions if she breaches it can help. With regards to the issues over your child not calling you dad, then your only recourse is to suggest mediation as a way of attempting to discuss/ resolve the issue, if you cannot agree on the matter between you.
ChildSupportLaws Editor 15/12/2017 at 11:49 am
I am sorry to hear this. 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. However, 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 not concerned for her safety, your only option would be to apply to court. As your daughter is now 13, her opinions will be taken into consideration. However, as with any court case, 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 regardless of her personal preferences. On another note, it may be something that will calm down once the novelty has worn off and the heightened emotions have settled, especially if your daughter is being prevented from speaking to you. If your daughter has a will, much depends upon whether she wishes to leave with you from school. While you can arrive at the school to pick her up, you cannot force her against her will to come with you. Sometimes, not rising to the bait of your ex may also work. At least you know she is currently being cared for, your daughter with her pre-teenage emotions may decide this new situation of living with her dad isn't quite what it's cracked up to be once she starts missing you, which in all likelihood she will. Seek legal advice, speak to the school (who can help if they are aware of the situation - they can at least talk to your child and attempt to reason with her) and put forward mediation to your ex, but I'm sure this situation will resolve itself soon.
Caring dad 14/12/2017 at 8:01 pm
Hi there, I separated from my ex partner when my daughter was 2. After 3 seperate court orders and many many court cases, I now have shared residency and my daughter is benefiting from this. I have always been involved, committed, and some form of visitation to my child. However I have had a few issues, the shared residency order was made in February this year (it was a long difficult battle for myself) my ex had accused and slandred me of everything pretty much. And obviously only over a period of time and effort on my behalf was it proven to be nonsense and lies. However my child has approached me in confidence stating that her mother has been telling her to call her new husband "daddy" (whereas she has always called him by his first name) and to call me by my first name (daughter has always called me dad/daddy) if my daughter does not do as her mother asks she gets "told off" and "sent to her room" I asked my daughter if she knew who her dad was and she said yes it was me. She feels uncomfortable about this and does not know what to do. My ex has also approached the school and told them to refer to me as my first name to my child, despite me writing to them preciously asking them not to and having a meeting last year about this they are once again supporting mum by calling me my first name and her husband dad (completely not allowed) I have a letter from the chair of executives dated last year stating this would not happen furthur. My ex is also not allowing me y time with my daughter over Christmas despite the order stating I am entitled to 7 nights over the Christmas period she is only offering me 5 and refusing anymore, even dictating dates and times leaving me no choice. I previously stated I could not adhere to her dates and times. She preciously booked her wedding and holidays on my days and does not care. Why book an event your daughters not available for? Instead she just takes my days away from me. What can I do in regards to the alienation my child is suffering and is concerned and asking for my help about? What can I do about my ex breaking the court order? My ex will not communicate with me only being abusive and aggressive, we communicated through my mother but she has just thrown lots of abuse at my mum and told her to shut up and get lost and blocked her. So now we have no communication at all, which to be honest my family are deliver for it has been nothing but abuse and insults for both reason as we only ever communicate about dates/tines for holidays. And most are dated because she is like this so the court had to sit there and put times, dates and everything. Seems a bit silly everyone is running rings around this abusive, selfish manipulative person and she's getting away with it. I'm concerned my child is suffering as a result of her mothers actions. Any advice or referring to other people/agency's that may be able to advise would be appreciated. I believe my only option is court but last t
Melanie 14/12/2017 at 4:22 pm
Hi, my ex partner and I split 11 years ago. My daughter has not wanted to see him for the past 2 years I have always been the one to deal with everything. On Monday she got in trouble at school and because she had been grounded over the weekend for doing a wrong thing a week before she has messaged dad out of the blue and said she wasn’t coming home! My ex partner is now refusing to bring her home to chat about the situation (my daughter doesn’t like rules being set) and is also trying to get school to stop me from collecting her from her high school. He has sent a message saying if I Collect her from school he will take her out of the school and also change her school, I will not know where she lives or what school she is at. Is there any legal way to deal with this? I have been informed that I am not intiteld to take a residency order out as we have had dealings with social services and had a 6 week program ran on us as a family against false allegations. I’m so lost my daughter isn’t home I don’t have a address to go and talk to her and my ex partner is not allowing me to contact her or see here when she has lived with me since day one! (She is 13 now)
ChildSupportLaws Editor 14/12/2017 at 2:27 pm
If you declined to go to mediation, then your ex will have the option to apply to court. As a rule, a court would rule that both parents share the drop-offs and pick-ups as this is deemed fair if both drive. 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.
Kim 12/12/2017 at 5:23 pm
Hi, I split from my9 year olds Dad when he was 18 months , he has always had access every other weekend and paid via Csa, I have always been very accommodating to when he went on Holiday and couldn’t keep to his dates , he remarried had another child and then divorced and meet someone new and had 2 more children the last one in August , since then he keeps trying to change our arrangement and asking me to bring my child to him rather than him pick him up, we live 30 minutes apart so the journey isn’t far, he never makes plans to see him more in school Holiday and I remind him, recently I received a mediation letter to attend a meeting with him but this was out of the blue as our arrangement has always been the same , I declined to go as we an arrangement , I would like to know what my rights are should I get a solicitor to reply to him or let him take the next step , I gave him extra access and told him to email me about new dates but he never does so I think it’s financial he wants an agreement where I share driving or petrol costs on his every other weekend , would this go to court if a good arrangement is already in place , thanks in advance
ChildSupportLaws Editor 11/12/2017 at 10:21 am
Firstly, you can see via Child Maintenance Options what you would have to pay if the days were changed etc via whichIf you do pay through CMS, in certain circumstances your travel can be taken into account, If you cannot agree a resolution between you, then you may wish to suggest mediation to your ex. 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. This allows an objective onlooker to work with you both and find some common communication. Trying to work around the situation mutually is always the best course of action - but if you cannot and you obviously and understandably wish to maintain your relationship with your child, then some form of agreement and compromise is necessary. You don't say whether your ex works and whether she has limited access to the time she spends with your daughter at weekends which is invariably the 'fun' and relaxed time. I'm sure you will be able to sort this matter out between you. There is also always a chance you could request flexible working, , which may be another option to consider.
Concerns 09/12/2017 at 8:13 pm
I have a 2 year old daughter with my ex girlfriend, I pay regular moneys to her account and have never missed a payment(we have agreed an amount outside of court) it has never proceeded to court, however she is changing the days I am able to see her as she wishes to spend more time with her (she lives with her mother) but is with me on my days off which is normally weekends. Because she has asked this I will see her less and told me if I cannot change my days off to suit her wishes (which I can’t) i will have her less and pay more. I already make an 86 mile round trip each time I just go to pick her up and come straight home to mine, which naturally is killing me financially already, I’ve had to move further out as I cannot afford to live closer. I live alone and due to the break up I’m finding myself having to get back on my feet again and has left me struggling a little financially. i suppose my main concern is she is changing the days to suit her and get extra money I’m already struggling with. I’m not sure if it’s going to be beneficial for me to go through the CSA / court route to arrange payments because I’m not confident they will have any regard for my situation. I just want to see my daughter on the regular days we agreed and continue with the amount agreed.
ChildSupportLaws Editor 07/12/2017 at 2:25 pm
If you cannot afford legal representation, you can self litigate. If you are on a low income, you may be able to get a reduction in court costs, The process you would need to go through can be seen via the gov.uk link
ChildSupportLaws Editor 07/12/2017 at 12:24 pm
Your only recourse would be to suggest your ex attends mediation if you cannot resolve this issue out between you, and in order to try to come to a mutual agreement. While you may have a point, you cannot really either dictate who your ex associates with or introduces your children to, unless that person's influence might be detrimental to your children's welfare.
Kandy22 05/12/2017 at 7:45 pm
I am married to my children's dad and after domestic violence and more damaging emotional abuse, I left. He has had little and sporadic contact with our daughters (2 and 4) since splitting up. He only seems to want to see them when he is in a relationship and wants to play the doting dad. He doesn't pay maintenance unless he feels like it. It's a constant headache and I find me and the girls are much happier and stable when he isn't involved as he just messes everyone around. He has seen the girls 3 times this year, Jan with a girlfriend, may without, and October with a new girlfriend... I invited him to our daughters nativity play as she has been showing signs of missing him. Said he could watch the play and take her out for a meal after for one on one bonding. Today I found out he's gone behind my back and booked 2 tickets for him and his latest girlfriend. The school say there's nothing I can do. And I know I may be coming across bitter but I think building a solid relationship with his daughters should be more important than playing happy families with every girlfriend he has.... is there anything I can do or say? We have a child arrangement order in place. Which mentions contact with him but not all these different girlfriends.
SOPHIE 05/12/2017 at 3:35 pm
I separated from partner whilst she was pregnant, mutual. It was acrimonious soon after as she got a new partner and said would refuse me access to our child. Since then she's had our son but refuses to add me to birth certificate, won't send me a photo and says I cannot have contact without going to court but knows I cannot afford court.
I cannot qualify for legal aid as am just earning slightly too much, however I cannot afford court costs.
She knows all of this but still insists on me going to court and will not entertain mediation.
What can I do? She holds all the cards. I am missing out on knowing my son who us now 4 weeks old ??
ChildSupportLaws Editor 04/12/2017 at 2:40 pm
It is unlikely the court would award unsupervised contact straight away (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' the court awards a contact order, the contact would be a slow progression from supervised contact to unsupervised contact. However, we cannot anticipate what a court may decide. before the court makes a decision, Cafcass are likely to get involved. 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 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.
ChildSupportLaws Editor 04/12/2017 at 12:16 pm
The day-to-day primary carer (resident parent) of the child would have to apply to court for a child arrangement order which will determine where the child will live on a permanent basis. 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 the child lives with the father on a permanent basis, if this has been over a number of years and the child has a happy home life, then it is highly likely the child will be returned to the resident parent. The court values stability and consistency and as a rule does not condone a non-resident parent taking the law into their own hands, unless absolutely necessary. Once a child arrangement order is put into place, the child will then be ordered through the courts to live with that parent on a permanent basis. If the non-resident parent attempts to take the child again, then the police will be able to intervene and return the child to the resident parent.
Sarah Tetley 02/12/2017 at 12:29 pm
I'm just enquiring, if a child lives with his father and the mother has contact and then she takes him and dosent give him back. What rights do they have? It's not court ordered yet they are going through solicitors and heading in the direction of court. Payments for child are in the dads name also.
Worried 01/12/2017 at 11:21 pm
Hi, I have a 6month old son, who's father has only seen him once for 10mintues the evening after he was born and wouldn't even hold him, and I received a txt msg the following day to see how he was, it which I replied he was great. From then on I haven't received any contact from my son's father to have any contact? Ask how he is? Or any financial support. I then received 2weeks ago a letter from mediation, requested by my son's father. However I wasn't able to attend as my son had an appointment, in which the mediation advised me that was fine, they would contact once the father had had his LIAM meeting. I then called again after no response for over a week, which they had to call back, only to tell me that i won't need to make an appointment for an LIAM MEETING as the father has decided to take me straight to court? I have also spoken with child maitance support who have chased him up and he has now disputed parentage and refused to do a DNA Test? I'm just very concerned as he is a total stranger to my son, and has no relationship with him (I have a few other concerns I won't go into) where do I stand with regards to him taking me to court as he's never tried to have contact, I wasn't given the chance to attend mediation and he is now disputing parantage.
I just want the best for my son, I can't just hand him to a stranger who clearly doesn't know or love him. Does the law see this ok to give PR or Contact orders straight away to someone that has shown no commitment?
ChildSupportLaws Editor 30/11/2017 at 12:04 pm
Your first step should be to send a registered letter to your ex-partner (written yourself of via a solicitor) in which you ask him to reinstate 50/50 contact between you and your child. Don't forget to take a copy of the letter for your records and keep your proof of sending. If your ex refuses, you would have to suggest you attend a Mediation Information & Assessment Meeting (MIAM) in order to try to resolve the matter outside of court. The court usually insists parents seek mediation before a court application is allowed, as court is always seen as a last resort.
Tinks 29/11/2017 at 5:58 pm
I recently left my husband. After 13 turbulent years together, I called it a day. We have one child, an 11 year old son together and I have a 17 year old daughter from a previous relationship. I now have my own house in which my daughter lives in, and my son stays 4 times a week, but his address is registered with my ex husband.
To cut a long story short, my ex has recently found out I've been spending time with a new freind-male. And a) insinuating I'm messing my kids up b) telling me I can only see my Son twice a week! I really need to know where I stand legally with this, he is a narsassist and a bully. So I need to gain a legal perspective as to what I need to put in to place.
Joe 24/11/2017 at 7:01 am
Myself and my partner have just split up because of his mental state. I have tried to be very open when it comes to him seeing his daughter but because of his situation I constantly come under verbal and mental attack whilst my daughter is present. I was willing to let him have our daughter whilst I was in work as he doesn't not good a job down but he refused because he can't cope. I just don't know what to do about the situation as he is very unstable and I am under a constant attack from his family and all I want is my daughter to be safe and happy.
ChildSupportLaws Editor 21/11/2017 at 9:56 am
If you cannot agree between you, your only course of action is to log all your points down and request that your ex attends mediation in order to try to resolve these issues. There needs to be no animosity, but if you state firmly that you are concerned and that you wouldn't be acting as a responsible parent if you didn't bring these issues up, hopefully it may sink in. 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, any agreement made is subject to final court approval which may persuade your ex to take your concerns a little more seriously. If you stop access now, then it will just give your ex a reason to apply to court if you refuse to negotiate. Once the matter goes to court, then it's out of your hands, as the court will make the decision regarding what 'it' thinks is in your child's best interests, which may, or may not go in the direction you desire. Therefore, a pre-court resolution is always best.
veryconcerned 20/11/2017 at 11:31 am
Hi, I have a 7 year old daughter, I have been divorced from her father since she was around 6 months. We did have a set plan in place, agreed between us where she would stay with him every other weekend, from Friday evening until Sunday evening and he paid £195 pcm in maintenance. This worked fine for us both, He then put the payment down to £64 and I didn't argue as quite frankly I don't need the money, I pointed out to him that it was sad that that is all he thinks she deserves but I would make sure her needs were met. Recently (perhaps the last 6 months) she has been phoning me to come home early every single time she see's him. She is clearly unhappy at his house, comes home tired, unwashed and hungry. If I bring up any of this with him I am accused of interfering and treated as if I am trying to stop her seeing him, when in reality I have spent a huge amount f my time trying to reassure my daughter and encourage her to see him. I also recently found out that he told her the reason we got divorced was because I left her by a fire and she got burned! This is totally ridiculous and the divorce came about on my request as he was just not capable of looking after himself or emotionally (or any other way) supporting the rest of the family. I am at a loss of what to do now. I have always believed that a child is better off with both parents and have tried so hard to ensure this is happening, but I am really questioning if she would be better off, more stable and generally happier if visits were stopped. He is currently livingin his parents garage with no sign of getting his own place of standing on his own two feet!
Tol 17/11/2017 at 3:17 am
If the mother has absconded breaking the court order and I am unaware after 3 years of trying to locate there whereabouts, should CMS stop taking money from me?

The judge was unsuccessful in tracking my son down and I have this on a court document. So through no choice of mine I am unable to see my son. Surely the last strong in my bow would be to haunt payments or pause them until she surfaces with my son?

Bare in mind I have spend 27 months trying to locate the mother of my child and my child.

Can anybody help with this as I am somewhat confused as to how CMS still believe I should pay even in the light of the judge assiromg me that I shouldn't be paying.

HE instructed me to forward the court document proving they was unable to locate my child. I sent it to the Cms and now would like to know what I could do to stop payment full stop.
ChildSupportLaws Editor 06/11/2017 at 3:53 pm
In all co-parenting relationships it's about compromise and agreement. If your ex is the primary carer, perhaps she wants to take care of your daughter at her main home if she is coming out of hospital. Hopefully, you can change the weekend date to the following weekend and/or visit. If a court order is in place, theoretically your ex will be in breach of the order, but there is little a court would do as punishment due to the circumstances of your daughter having an operation.
ChildSupportLaws Editor 06/11/2017 at 12:42 pm
If your requests have been refused, your only option would be to suggest mediation to your ex in order to try to resolve the issue. If your ex refuses mediation, then you would have the opportunity 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, if you have had consistent access with your son (as you have) and your ex cannot give a justifiable reason why you shouldn't have your son overnight, then it is likely overnight access will be granted. Seeking some legal advice may be an option if you are unsure whether you wish to push for overnight access. As in all situations, mutual agreement is always best. However, if your ex refuses to comply and there is no good reason, then sometimes you have to push a little in order to get the access you want. But, that's up to you, many non-resident parents don't want to rock the boat in fear of access being denied while the case comes to the family court.
bazza75 06/11/2017 at 9:10 am
I have a 6 year old having a operation in a couple of weeks time and on the day of the operation I have my daughter that weekend by my daughter's mother has refused me to have her during that weekend without a reasonable explanation. My question is, can she be allowed to do that?

Thank You
Bikemad 04/11/2017 at 1:41 pm
I have a 7 year old son, I have him twice a week. I have asked for overnight access and refused previously. I have a long term partner and a theee year old and feel we need to arrange alternative eeekends access can she refuse still?
Can she refuse all access
Where do I stand I don't want not to see my son if I push for overnight stays
ChildSupportLaws Editor 02/11/2017 at 10:52 am
In cases such as this, mediation should be explored in the first instance in order to come to a resolution outside of court. If both of you cannot agree a suitable arrangement, then your ex will have the option to apply to court. If the matter goes to court, then 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. As the children's joint parent, you would have to be able to justify why their father's home is not suitable and why their father is not suitable to have unsupervised access of his children. As there are two parents in any relationship, both parents are deemed to have equal rights to care for their children, unless it can be proved otherwise and that your children may come to harm when in the care of the other parent.
Kc 01/11/2017 at 2:00 pm
I have 9 month old twin daughters and I am no longer in a relationship with their father, he wants contact with them and I'm more than happy to let him have contact with them but I do not want them to go to his home because it is not safe for their health or wellbeing, I've gave him a few options on how he can see them but he is disagreeing with me because he wants it his way and won't take into account the risks in his home and because i won't agree with him he is threatening me with legal action, He is stopping himself from seeing them because of his stubbornness but blaming me for it
ChildSupportLaws Editor 31/10/2017 at 1:02 pm
There are no rules or laws on how much a parent should see their child, it should be agreed mutually between the parents. Where is cannot be agreed, you should suggest mediation as a way of trying to resolve the issues outside of court. If your ex refuses, then you would have the option to apply to court for a child arrangement order
Non-resident dad 30/10/2017 at 10:49 pm
Hi, I have a 1 yr old baby with my partner but we are not married. we have recently split up and I would like to know my rights as a Father in relation to how often I am legally allowed to see my child. My partner insists that I cannot take our child out without her there so therefore stopping me from spending quality time just us 2.Is she allowed to do this? any help would be much appreciated. Thanks in advance.
resident dad 26/10/2017 at 8:56 am
Hi, I am after some advice, I have had a residence order in my favour for several years for both my daughters. Only 1 of my daughters has contact with her mother, she is now 16, so the contact order has now ended, but she chose to still see her mother on the same scedules weekends. She is currently at her mothers as it is the school holiday but her mother is refusing to return her. The contact order stated her mother should collect and return her. My daughter has to return to school on monday, which she cannot do from her mothers house due to distance. The last time I collected her there was a selection of the mothers family waiting and I was assaulted. I have contacted the police who are refusing to act.
ChildSupportLaws Editor 23/10/2017 at 10:39 am
You would have to get permission from your ex if he has PR, and he refuses, then you would have to request permission through the courts. However, it is more than likely you would be given the go-ahead through court to leave the UK if your ex has not been part of your daughter's life.
Whisper 22/10/2017 at 12:23 pm
Hello, please could you advise on my situation at all?

I am divorced from my daughters father. She is now 7 years old and has had no contact with him for five years. This was his choice not mine. He does not pay child support and I have never sought a claim for any as I do not want anything from him.

I am re-marrying the man who is father to my eldest son who is 16. My partner and I provide all financial support and care for my daughter. My daughter is fully aware of her natural father and I would never try to hide that from her, however she states my partner is her father and calls him such.

We are wanting to relocate abroad within the next 4 years before my daughter reaches the crucial gcse age bracket.
My ex-husband has parental responsibility.
Given the fact there has been no contact over the last 5 years and working on the probability there won’t be any to come, do you think it would be difficult for us to make this move? I
Many thanks in advance
Radders1988 19/10/2017 at 1:24 pm
Hi my son is 5 years old been fighting threw court for past 5 years final he moving in to our new home in november but I going be a single dad with solo rights. He is currently on a car order by social services and will be when he comes to me. I need advice am in full time work but might have take time out to get him settled in home am I entitled to claim child benifits and how long for before local job center try pushing me back into work and how long would it take to get the benifits final sort and get payments.
LizO Editor 19/10/2017 at 2:31 pm
@Serena - let me get this straight. Your OH's mother want's your OH to have his child every weekend? Why can't he have his child every weekend? Parenting is supposed to be a shared thing. Poor child, it doesn't seem he is getting any love from either parent, with both parents trying to shove him off with the other :(
Serena 18/10/2017 at 7:08 pm
My OH split up from his ex over a year ago. She was verbally and physically abusive during their relationship (not reported to any authority) She first demanded my OH had the child in the week then changed her mind to every weekend.
My OH is not able to continue doing every weekend but on his last meeting his ex refused to take the child even one weekend a month claiming it wasn't convenient.
She threatened to stop access and said if he texts her in advance she will consider taking her child one weekend. This is conditional on her and my OH meeting regularly so she can change the arrangement as she sees fit.
What can we do? I have suggested mediation to my OH but he's worried she won't agree to anything.
The child complains he doesn't see his mum at all as she's out before he gets up and home after he goes to sleep, he cries that he misses her. His grandparents take him to nursery as they are unemployed.
Will the child's wish to see his mother for regular leisure time impact any decision made in court? Would it even be worth going to court to settle this?
ChildSupportLaws Editor 17/10/2017 at 2:20 pm
I am sorry to hear this, but unfortunately we are unable to help with advice. Only the courts have the power to reverse this order and you would have to seek further legal advice.
ChildSupportLaws Editor 17/10/2017 at 1:01 pm
Unfortunately, all your questions are very difficult to answer as they are subjective and can only be answered through a court. There is a term called 'parental alienation' which is being increasingly recognised. Parental Alienation Syndrome (PAS) is where one parents attempts to turn the children against the other parent. Where divorces are less than amicable, it’s sadly not uncommon, and generally used by mothers in an attempt to ensure little or no contact between their exes and children. If it could be proven that a parent had used PAS, there could be legal repercussions. In practice, however, establishing that can very difficult. Using it on a child is a form of abuse in medical terms, and legally it becomes a type of coaching, both of which are illegal. For the victim, generally the father, to prove PAS is very difficult. Your son would have to attempt to prove the lengths his ex has gone to prevent access. In which case, your son would need a good solicitor. One point to note in your Q2. Child access and child maintenance have no bearing upon each other. Regardless of whether your son is paying a 'generous maintenance' towards his child or not, it should not be used a basis for contact. Your son's only recourse if to try to get the original order enforced by attempting to prove his ex is being devious. A court will punish a resident parent, if it thinks there is no genuine or valid reason to stop the other parent seeing their child.
ChildSupportLaws Editor 17/10/2017 at 12:15 pm
I am sorry to hear this. In cases where parents cannot agree and there is an issue that cannot be sorted out, then you would both have to consider mediation. It is unlikley your ex will not be allowed to apply to court prior to you both seeking mediation. However, this is obviously an issue you need to sort out. It is understandable why your ex feels upset if he feels his son is rejecting him. Is it something the three of you (including your son) can sit down and try to speak about? It is obviously important that your ex knows the reasons why your son is having difficulties, so that he and your son can attempt to work around them.
Summer 16/10/2017 at 4:53 pm
Me and my partner have a 9 year old boy together, we split up when he was 4 yrs old as his father was involved in another relationship. I have always allowed him to see his father and he stays with him for two nights per week and has access to him for days out holidays etc.. in the meantime his father has had three different relationships with women. He has moved them into his home and got them involved in my sons life. He has another new girlfriend now who he has introduced to my son who has moved in his home, my sons has broke down crying saying he does not want to stay at his dads house anymore but still wants to see him. I tried to explain this to his father and he has accused me of telling him to say this which is totally untrue.

Now he has told me that I need to get a solicitor as he is threatning to take me to court over access. I took my son to school today and he was in tears I told him dad was picking him up and he was staying. He begged me not to let him go and I assured him it will be ok. His dad messaged me to saying you cant do nothing im picking him up and im having him its my turn and dont bother calling him. I feel awful for my son and this is affecting him and his emotions, I dont know what to do. I told him to tell his dad how he feels and he said no, because he will get upset and say i dont love him anymore..This is awful for him if you can give me any advice I would really appreciate it thankyou
ChildSupportLaws Editor 16/10/2017 at 2:09 pm
You would have to apply for a child arrangement order which would determine with whom your child should live, However, mediation should also be considered to try to resolve the issue where an issue cannot be resolved between parents directly. If your child's father has parental responsibility, your child's father can allow yours/his child to live with him and the police cannot intervene, only the court can decide what it thinks is in the best interests of your child. However, hopefully it will not come to this and the matter will blow over.
Karen1 15/10/2017 at 4:09 pm
My son (14) has behavioural issues and adhd. I am a single mother. My son sees his father every 2/3 weeks. For years I have attended school meetings, peodiatrician appointments etc and supported him in sports to keep him too busy to get in trouble. Following an incident whereby I have grounded him for 1 week, he has telephoned his father to collect him saying he is unhappy at home. His father texted to say he is collecting him. I have explained that he must not and cannot choose where to live when he needs to accept responsibility for his behaviour. Can he do this? Who do I ring to enforce him not doing this? Is their a court order I can get?
Kitty 14/10/2017 at 9:55 pm
My son was briefly involved in a relationship which he had ended. Soon after that he was informed that his ex girlfriend was pregnant, He never restrainted from accepting his responsibility towards his soon. Both parents are professionals on good salary. Ex girlfriend is making impossible for my son to have a regular contact with his soon in spite of recent court hearing which was in my son's favour, including over night stays every other weekend. His son is 2 years old, who knows who knows his dad.

However, ex girlfriend has been misinforming her GP and health visitor, saying that regular overnight contact is disruptive in my grandson's life. Both professionals took her comments as true statements and advicesed Judge to change his verdict. My questions are as follow:
1. Is it professional of GP and HV to advise the court without observing my son with his child when both are in the community without the mother being present
2. How it is possible for this mother to manipulate the court in her favour, in spite of receiving a genorous maintance, every month and knowing that the father has best interest and intention towards his son.
3. What are the rights of my son? How come, the mother is allowed to deprive their child to form a proper relationship with his dad?
4 Can her behaviour be classed as neglect ? Can her increasingly difficult behaviour masifesting itself as contempt of court and seeking overturning the first verdict can go unnoticed?
5. What about the rights of my grandson?
6. Can he be represented by an advocate from what it used to be known as Speak Up?
7. Can the actions of the mother be seen as
Almost vendictive? Especially, moving away from neighbourhood and moving into the area where it takes 5hrs one way by car?

Looking forward to hearing from you.
Kind regards
Larysa

It is immensely painful for my son and soul destrying experience for our family.
suzi 13/10/2017 at 6:21 pm
My mother took my daughter from my life and went to the court and has unfairly told stories so that the court would offer my mum parental responsibility. I have no say and there is no justice. I am an epileptic with controlled epilepsy and I am 43 and lost my daughter who is egyptian / canadian and I don't think it is good for her not to know her routes and my mum is hell and very controlling. Help
ChildSupportLaws Editor 10/10/2017 at 12:44 pm
If your ex is not paying child maintenance, my advice is to go to CMS and request payment. In order to apply for shared care of your child/children your ex would have to first request you attend mediation and if you don't attend, only then would you be able to apply to court.
Dmw34 09/10/2017 at 7:37 pm
Hi, I have asked my exe for the full child maintenance we agreed over 2 years ago and he says he can't afford it, he said if I go to the csa he will go for joint custody, where do I stand? He sees his daughter twice a week as it is.
A mom Kelly 08/10/2017 at 6:39 am
Hi can someone help me here. My ex husband has applied and been granted an Italian and Portuguese ID for my daughter behind my back and without my consent. My daughter is English and was born in the uk. He’s refusing to let me have the documents despite the fact I have a residence order and an agreement in place where he sees her two days every week. Does he have the right to hold on to these documents? Thank you
Jem 28/09/2017 at 3:04 pm
Hi I am a new mum and I don't have my child. He lives with his dad and he has full custody, while I am in a supervision order until may. My son is 9 months old I am very isolated due to me sacrificing friends and family being close moved from South Wales to stoke. During this situation I was not allowed to SW emt son for his first Xmas just gone, I didn't see him on Mother's Day, I am now worries sick that I won't see him on his first birthday even though I have supervisors available and his dad is okay with me being there on his birthday. I have autism and I am suffering with PTSDfrom the trauma of having pre clampsia then emergency C section and then local authority took my son off me 7 days later. I've dealt with this all in my own. I feel on his birthday I will have so many flash backs and I feel that if my parents can go to his party why can't his mum. Does anyone know any information on this? I am in contact with the MP Karen Bradley too. As I am trying to raise awareness and get more support.
ChildSupportLaws Editor 26/09/2017 at 4:21 pm
Child maintenance and child access have no bearing on each other. You have a right to apply to see your children whether their mother accepts child maintenance payments or not. Your first step should be to send a registered or solicitors letter to your ex-partner in which you ask her to reinstate contact between you and your children either by mutual discussion or through mediation. You should state that if she does not do so and if she refuses consider mediation in order to try and resolve the issue, then 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 a contact order
TZ 23/09/2017 at 10:33 pm
I am not British and my daughter was born abroad. Her father and I have never been married, in fact we were only briefly involved. He was adamant at the time he would take no responsibility for my daughter and therefore he was not named on her birth certificate. She is now 9.

About 5 years ago we moved here because of my work. When he found out we were here, he continuously harassed me and then said he wanted to meet my daughter. Due to his abusive treatment throught the entire time I have known him, which has included lying about me to others, making threats such as that he would kidnap my child to hurt me and put up posters where I lived to offer my services as a prostitue (I am not), and making up stories to avoid having to pay child support (such as that he was hearing voices and was about to commit suicide - not true), I refused. When he found out I was engaged to be married, his abuse became even more horrific and the police then warned him to stop contacting me. He initially complied but then started contacting me again. Since it wasn't my intention to have him arrested, I did not go to the police again.

Now he has claimed he will seek visitation through the courts and has stated that preventing him from seeing my daughter is illegal and therefore I could be arrested. I wondered therefore if (1) this is true; (2) can he really seek visitation or can I still prevent it; (3) he said I will be prevented from moving elsewhere in future. I have no plans to make the UK my permanent home. Is this true? (4) He said that the evidence I have of his abuse will not count for anything since courts favor contact between father and daughter. Is this true? (5) will my husband be prevented from adopting my daughter, something both him and my daughter really want since she views him as her father. (6) I have never given him my address. Can he really initiate proceedings without it?

Thank you.
Mich 22/09/2017 at 5:21 pm
Hi, the mother of my child has stopped me seeing the children for no reason, she has also contacted csa stating that she wants me to stop all payments to her.
I want to pay for my children and am desperate to see them but she won't let me.
Any advise would be great fully received
Shan 21/09/2017 at 10:33 pm
My partner and I have a child together but we were not together through my pregnancy he then had another child with someone else. Me and my partner and son all live together now and his other son with his mother at a different address we've tried to work out the best way for contact and she has refused this and says he has to have his other son every weekend all weekend. This for me won't work as me and my partner both work and I'd want to spend some time with my own son myself! We've come up with an arrangement that my partner will have his son after work for a few hours on a Monday and Wednesday then take him back home then on a Friday have him overnight until late Saturday evening she has refused this. I don't know what else to do just looking for some advice thank you
ChildSupportLaws Editor 14/09/2017 at 2:12 pm
I am sorry to hear this. The problem is that where 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. In this situation, if the situation cannot be resolved via a solicitor, you can apply for a Child Arrangement Order. This court order determines where your daughter's child will permanently live, which relatives they have contact with, and what type of contact (e.g. in person, phone calls, or letters). To apply to the courts, you will need to fill in form C100. A court fee is also payable though your daughter may be able to get assistance with this if she receives benefits or has 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 your daughter thinks that her son may be in danger, she 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 your daughter can show that your former partner is not able or appropriate to look after the child she may be able to get an order stating that the children should live with her. However you will need to evidence this. I suggest she seeks professional legal advice which will help her fully explore her options. I hope the matter resolves itself without having to go through a lengthy court process.
Meg 13/09/2017 at 10:52 pm
My daughter and her partner split up when their son was eleven months old. Since then she has worked full time to support her son and pay for nursery care. Her partner has contributed nothing. He has no job and has no home of his own, moving from one friend's house to another at regular intervals. My daughter has allowed her partner regular access to her son as she thought it was inher son's best interest. He has now refused to bring the little boy, who is two years old, back to his mother. He has also called his nursery and told him he won't be going there again. My daughter is out of her mind with worry as he ex partner drinks heavily and takes anti psychotic medication. She has contacted both the Police and Social Services but neither will help as that say her partner has no history of violence and is named on the birth certificate. That know where her son is but won't tell her. How can Thai be allowed? She has been the sole caring parent and now doesn't know where her little boy is. Where can we go to for help? We are desperate.
DadDave Editor 12/09/2017 at 12:08 pm
@Rae - A court will not force a parent to have their children where a parent refuses. It would not be seen to be in the child's best interests.
Rae 11/09/2017 at 10:31 am
I spilt with your ex over a year ago. He helps with maintenance but only has the children for 4-6 hours every Sunday. You want your ex to spend more time with the kids... every other weekend for example. Which at the moment he won't do. Will taking him to court enforce him to step up and have them for a full weekend?
Thank you x
ChildSupportLaws Editor 07/09/2017 at 3:02 pm
Your ex partner should have asked for your consent to move, if you have PR. Your only recourse is to refer the matter to the courts, especially if she breaches the court order.
Gaz 05/09/2017 at 9:12 pm
Hi I'm after some advice.
I have parental responsibility of my 11 year old girl and have been threw the courts to get access.....my issue is that my ex partner has moved to a different town and she will not inform me of what school she is going to.
This is important to me as today was her first day of secondary school.
I have asked and been asking for well over a month now.
Many thanks
Gary
Non-Resident Dad 02/09/2017 at 10:04 am
My ex-wife and I divorced over 2 years ago. We both have parental responsibility legally. I live alone and happily pay child maintenance as I know it is for my son. My ex now has a mortgage with her new partner and is getting re-married next year.
I always try to be reasonable but find, that as she is the resident parent, my ex is often difficult about things. She still tries to tell me what I should be feeding our son, what time he should go to bed, etc. She rarely asks anything, but rather dictates. She acts like she is the parent and I am more of a carer who she can dictate to.
I have my son on a Tuesday night and also have him from 5pm Friday to 5pm Sunday, arranging travel for 3/4 of the trips. I also make one of the trips when our son goes to her parents during the holidays, which is over 100 miles away. I need advice on a few things that have happened recently.
1. My ex says it is solely my responsibility to arrange all travel to/from hers as non-resident parent. I know I can get maintenance reduced, but it's the logistics that are the problem as I work full time and I can't drive. Is she correct or should travel arrangements be split?
2. My ex says travel can only be arranged by people we both know and trust, including my son being picked up from school. However, she arranges for him to be picked up from school by people I have never met. She won't allow him to stop at my parents, but he stops at her fiancé's parents. Am I right in saying this is a double standard and shouldn't be happening or as resident does she have the right to dictate?
3. We usually split school holidays between me, my ex and her parents. I am concerned that if I refuse to arrange travel to her parents that she will just send him there so I can't see him. Is there anything I can do to ensure I get to see my son during school holidays?
4. My ex has said I can't take my son abroad, but her parents did this year. I gladly signed a letter of permission. However, my ex said I had to provide clothes and a suitcase (which I did), then kept some of the clothes as my son went to hers from her parents.
It's getting to the point where I am finding it hard to be reasonable when it seems she is being difficult/petty all the time. Is there anything I can do to refuse that won't result in her becoming more difficult?
I'm reluctant to go via the mediation and/or court order route as I am concerned that it may not improve things. I've also seen stories where the resident parent is often favoured more, especially when they are the mother.
Hugh 29/06/2017 at 10:19 pm
My son has a court order that states his child stays with him three nights on week one and four nights week two . He takes his child to all her hospital appointments as her mother has ignored all the appointments that have been made and therefore because of this nearly had my grandchild discharged for not attending .my grandchild is now of an age where she can attend full time school but her mother has lied and told my son that she has got a place for their child at a local school near to her , he has since found out that she hasn't filled the application therefore my grandchild has no school to go to in September what should he do ?
Cnaglis 17/06/2017 at 11:12 pm
Hi, I need a little help my son is 10 and I have an arrangement with his father for every other weekend. My son really doesn't like going due to his new girlfriend has 3 girls and he has to share a room with his sister and her two other daughters. I heard that at the age of 10 he can make his own decisions whether to go or not? Is this correct? We don't have any legal agreement but has been like this out for 3 years.
Thanks
sandy 06/06/2017 at 6:12 pm
My child has been placed in a special needs residential school due to severe complex needs. This is a 52 week placement and will be coming home (to mother) hopefully every 3rd weekend if progress is made. I still receive the child benefit and child tax credits. School is funded by local authority and placement is under the Education Act. Father is currently paying child maintenance but has recently contacted them asking to stop payments as child is living away from home. They have told him he still needs to pay maintenance, he has appealled this decision. Is there any legislation covering this please?
I'm worried my payments are going to stop?
DW3 06/06/2017 at 3:39 pm
Hi
Can i have some advise please? My ex is a very difficult person and is trying to get me to drop the CSA and agree to something between us....i did this before and he stopped paying...hence using the CSA.
He is now saying that he can not afford the CSA payment and if i insist on doing this i will have to do all the drop off and pick ups......He only see's our son 2 weeks ends a month and its usually only the Sat night as he says he can not afford to drive my son to football the Sat morning so made the 12 yrs old boy choose between football and his Dad!!!
He moved 30 mins away from where we are to make his life earier for work and when he did this he said he would do the drop off's and pick up's as it was his choice to move away.
Am i right to refuse to do this running around as i do everything else?
Bubbles1088 05/06/2017 at 6:35 pm
I split with my ex in January. He has our 2 kids who are 6 and 3 Friday to sunday most weekends, which he complains about but does it so he can keep the maintenance payments for them as low as possible. On a saturday he says he had something to tell me that hes been seeing someone for about a month n half, but that he was telling me because our daughter had 'worked it out' Then he says hes taking the kids into town cause our daughter said that she wants to go. This is not something he usually does I said I was glad it was going well for him n this girl (who I didnt even know her name). I ask if hes taking them to meet her and he said if she decides she was turning up then might be. He was not going to tell me that he was taking the kids to meet her and after said to our daughter not to tell me, which really got to me and ge should not be telling our daughter to keep secrets. Can he do this without talking to me about it first/telling me anything about her? I dont know where this girls from or anything so naturally I was really worried. He was controlling and abusive to me and it just seems like hes acting like its a competition. He took our kids to meet a stranger n I had no time to prepare them for it so the kids felt that I am not ok with it and its me who has to answer questions during the week with them as they live with me. Please can you clarify my rights on this as a friend told me that legally he has to have been with someone for 6 months and then review what is going on about new partners meeting the kids? Is this right?

Thank you
Rosa 01/06/2017 at 3:13 pm
Jusr recently I got into a n argument with my kids father and he hit me and threw me around and I left . I packed all of my things and my kids things and left . He took our oldest son ( 3yrs old ) and left before I even finish packing . I waited but he never showed so I left cause we were staying with he's parents and I didn't want to be there and also he's mom Favor my Boyfriend so I don't really get along with her , she didn't want me there at that time . I stay home and take care of the kids and he works , so I waited and waited on Monday And he never brought my son over and he knows very well That I DO NOT want anybody else to watch our kids besides me or him . I only trust my mother braise she's the only person who supported our kids when I was pregnant and also when I gave birth too .. My kids fathers mother is paralyze so I don't count on her . Anyways , I'm going over this weekend to get my son and I know so well that my sons father will do things just so I don't take my son with me . I have done nothing so wrong to be hitted that day and to also take my son away from me and do things w/ my son where I don't approve ! I was wondering if I do go over and he won't give me my son , can I have the police to present to Make things easier for me . Or do I really need to bring him to court ??
ChildSupportLaws Editor 01/06/2017 at 11:16 am
If you an your child's father cannot agree on a matter, you would have to suggest mediation in an attempt to resolve the issue via a third party. Mediation is when two or more parties meet to resolve problems. 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.
Just me 01/06/2017 at 10:16 am
Desperately seeking some advice here;
On receiving letters from my ex solicitor i am horrified about the context of the letters;
They contain emotive and inflammatory language. Today I received a letter stating that I owed monies in relation to the divorce however the court order for finances has been sealed by the court and I have paid all the monies which I had too in the time frame given; however today the solicitor asked for more and they gave their reasons. However I challenged the letter and referred the solicitor back to the court order. The solicitor agreed that I did not have to pay any further monies however I can't believe the act of dishonestly on their part - they are in a position of trust and they knew I did not have to pay the money but asked anyhow. Back to the court order we were meant to just disclose information about our finances however my ex solicitor put information about caring about the children, I did not include caring about the children because I was asked for information about my finances. This has got me thinking about other letters ...my ex has decided she wants to take me to court regarding th children as she doesn't believe I should have them during the week, however the plans have been working well for the last 18 months. do you think I have a right to complain?
Rachel 31/05/2017 at 1:49 pm
I'm looking for advice,I have a nearly 11 year old son we have always had a good relationship after our split 6 years ago. but he has now remarried and his new wife has caused a lot of problems resulting in drunken verbally abusing me calling me a bad mother,even tho over the years I've done so much for our son,my ex partner do sent even know half of what I do. I attend every single appointment at hospital due to his asthma his dad doesn't even belive he has it so dosent make him take his pump which resulted in him having an attack and being hospitalised.
he stays at his dad's every Wednesday,Thursday, Friday and Saturday but isn't picked up in the evenings till 6.30-45pm then back home to me by 7.30am he has him a Saturday a full day even though he's out most Saturday and he's left with his nan and back to me 12pm on a Sunday.but my sincere now wants to stay here all week. how can I get set rules by law? I've never had any matance money off him. I pay his school dinners every week, dinner her 5 days a week,plus most mornings he's dropped off with no breakfast. I give his money every night to go out with his friends in till he's picked up.
I'm just looking to go the best way about things I just want them to have rules to go by without bothering me.
ChildSupportLaws Editor 22/05/2017 at 11:14 am
Your only option is to apply to court via a Specific Issue Order. However, you would need to seek legal advice to see whether the application would be heard in time.
Leo 21/05/2017 at 8:33 am
My partner has equal rights with his ex wife for custody of his son. We see him 2 weeks on and 2 weeks off and equal time with him during holidays. We want to take him on holiday on August and need his passport however his mother is withholding his passport and refuses to hand it over. We have contacted the passport office and were told to contact the police. The police called her and told her she does not have any right to hold on to the passport but she continues to refuse to hand it over. What more can we do?
Misses 16/05/2017 at 10:23 pm
I have a contact order in place since 7/10/14 it states when my daughter goes to full time school the times and days of access changes but this yr my daughter starts nursery in the afternoon 12.30-3.00 my ex has her every second Friday from 1pm and is saying my daughter can't go to nursery school on those Fridays. I offered him extra 2hrs to make up from what he would lose and he's not interested. He keeps threatening me that if she goes to nursery on the Friday that he is meant to have her I'm in breech of contact order and I will lose my daughter. What can I do please help her education is very important to me. Many thanks
Tina 07/05/2017 at 10:50 pm
Hi I am in a horrible situation at the moment I have 3 children and due to our safety my middle child is now staying with his father this has been going on for the past 3 month and I only get to see him on the weekends when I take him home every weekend he begs me not to take him back to daddy he is only 2 and always wants to stay with me and his two sisters I fear I am losing a battle for him at the moment as I hate having to take him home but his grandmother always has something to say about the matter where do I stand about getting my son back in my care
Em 01/05/2017 at 10:07 pm
My partners ex is demanding matinance and that he picks up and drops off their son despite us having him the exact number of nights to date and last year having him 19 more nights than his mother resulting in shared care
Currently she is refusing to pick him up from us unless she gets petrol money to do so, where do we stand with everything and what could be the results of her refusing to get her son despite being told she can come get him at any time?
Thanks
Jo 28/04/2017 at 5:04 pm
My partner's ex is withholding his daughter from him, they have no agreement through the courts other than what they agreed between themselves, he pays the mother monthly to ensure his daughter has what she needs and we have her over the weekends.

She is refusing to let my partner see his daughter or let her stay the weekend with us as normal. We just want some advice as to what we can do, what are our rights etc.
He dotes on his daughter and loves her to bits and we are crushed that she is being kept from us and her half brother.
ChildSupportLaws Editor 21/04/2017 at 2:30 pm
You would have to apply back to court to have the PR order enforced. If your ex has taken your child away without your consent (which is a requirement if you have PR), then she has breached the order. You would have to fill in a C4 form, which is an application to disclose the whereabouts of a child. This will allow the court to put a trace on your child which will in turn allow you to have the papers served to once again bring the matter to court. However, while a court will put a trace on your child, it does not have to disclose your ex's address if she wants this to remain confidential. The court will outline the terms of the order and what the mother must supply by law in terms of you having PR.
Somerset 21/04/2017 at 6:04 am
Hi, I recently took my child's mother to a family court to request Parental Responsibilty as I was not named on my sons birth certificate. The judge granted me PR, however since that day the mother has blocked my phone number so I have no initial contact in case of emergencies, plus she has moved out her home recently and not advised me where my son is now homed. Do I have any rights when it comes to having a direct phone line to my sons mother and do I have rights to know where he lives?
ChildSupportLaws Editor 18/04/2017 at 2:35 pm
This should be agreed between the parents. There is no law to say this is or this is not allowed (unless specified in the court order). However, if the matter is not resolved between both parents, it can lead to bad feeling and/or the mother claiming your partner has breached the court order.
Gemma 18/04/2017 at 11:10 am
Hi my partners ex has a residence order through the courts where the ex gets the custody of the children living with with her. My partner sees the children in school holidays as they live far away and this is the agreement that the ex wanted. This easter holidays the children have come down and they will be going back at the end of the holidays. My partners very reliable friend will be taking them back home as he is going on holiday and will be driving past where they need to go but my partner will not be in the car. My partners ex knows my partners friend from when they were together. Is this allowed that he will be dropping the kids off without the father present as we are now having problems off the ex saying this is not allowed. Thanks.
Teb 08/04/2017 at 12:06 am
Hello, please I need urgent advice, I have a court arrangement on my kids, the dad is to have one overnight each weekend and see the other for few hours in the presence of my family member or I if non is available.
Now this week no one is free and I have appointment as well, so have arrange a childminders who is like a family friend to have the kids and he can pick from her and see the other there too, also I would be working soon on most of these days and these arrangement might have to happen often, but he is saying I can't use the minder, that he won't pick from there and if he would have to stay and the the child there then I must be there, the children are available to him but his threaten that if I dnt he would take me to court again. Am tired of going to court and is not good for my kids too but I got other things to do and would like to move on with my life. And He just remarry also so I would have thought that suppose to work for him. Please advice, am so tired of all his controlling attitude and trouble. Thank you
ChildSupportLaws Editor 28/03/2017 at 2:10 pm
His child maintenance will be assessed on the amount of nights he has the children overnight, yes. You can see more which
Sandy 27/03/2017 at 10:29 pm
We have a court order in place following divorce where my ex has our 2 children 3 nights of the week. Will he have to pay full child Maintaince to me or a reduced amount as he cares for children 3 days & those overnights too?
Thank you
Lunasands 25/03/2017 at 2:24 pm
My brother has parental responsibility. His ex would like to take their children on holiday, my brother is more than happy to write a letter of consent however his ex is being very secretive and reluctant to give across the passport details and issued from dates to coincide with letter of consent. Worried she may have fraudulently had their names changed without father's consent and is now afraid to release passport details. Anyone with previous experience of this? My brother wouldn't want to stop them from holidaying but would clearly like the correct passport details.
ChildSupportLaws Editor 17/03/2017 at 10:44 am
I'm afraid you or the courts will not force a non-resident parent to take their children.
Jess 16/03/2017 at 2:44 pm
I've been split up with my ex for 5 years now. He has the children every other weekend. He's always said he'd take them for 2 separate weeks in the year during school holidays but this has never happened. Can I talk to him and insist this happens or is it a matter of him doing what he wants?
ChildSupportLaws Editor 16/03/2017 at 12:49 pm
You can refuse mediation. But then your ex will be able to pursue the matter through court. It would then be up to the court to decide whether your ex having contact with your child is in your child's best interests.
Slicewright 16/03/2017 at 12:02 am
Hi me n my ex split up just before our daughters 1st birthday he has had no contact what so ever only payed maintenance for 3 months had nothing since,our daughter is 6 next week she has a step dad who has been in her life 3 and alfyrs now and calls him daddy my ex has been in and out of prison and hasn't even tried to see his daughter she doesn't even no wat he looks like and we've just received a letter for mediation there noway my daughter would even speak to him. Ring a stranger let alone had contact days with him so can I just refuse mediation??
ChildSupportLaws Editor 15/03/2017 at 1:57 pm
I'm afraid we can't predict what the court may decide. The court will decide upon what it thinks is in the best interests of your child and also consider the reasons why your ex does not wish you to know his address. This, weighed against your justifiable reasons for wanting to know the address will be decided upon either via Cafcass and/or on the day.
ChildSupportLaws Editor 15/03/2017 at 11:20 am
I think in this case you can come to an agreement with your ex over this as some flexibility is allowed on occasion. If you think your ex may agree to a temporary deviation from the order, then any changes to a contact order must be agreed by both parties. One party cannot unilaterally decide to change the order or apply additional terms. Therefore, you may wish to ask your ex directly to re-arrange on this occasion, or ask your solicitor to request the change by letter and determine a new date when you will hand your daughter's passport to your ex. However, if you refuse to hand the passport over after the agreed date and well in time for your ex's holiday with your child, then you will be liable for a serious breach. Likewise, if your ex refuses to agree to the date changes, then you would have to take the matter back to court (which is unlikely to be heard in time). In terms of importance, handing the passport over on the agreed date comes before you being allowed to take your child out of the country for a month. Therefore, if your ex disagrees with the requested changes and you refuse to hand the passport over on the specified 21 days, then you will be in breach.
Missy 14/03/2017 at 9:00 pm
Hello

I have a 6 month old daughter who stays at her dad's house twice a week.

I drop her of and pick her up but now he has a new girlfriend and they have a new house together to which I'm not allowed to know the address of for no reason at all.

I have stopped my daughter staying out until I can know the address of where she is living bearing in mind she is only 6 months old.

Long story short her dad is taking me to court so do I have right to know where my 6 month old baby is staying those 2 nights a week?

Thanks
Eri 13/03/2017 at 10:46 pm
Hi,

I have just received a Child Arrangements Order from the court. It was a consent order and my ex's barrister wrote out your agreement. One of the agreements were that my ex will be handed our daughter's passport 21 days in advance before a planned holiday. It has now however occurred to me that this means I cannot take our daughter on holiday abroad before his planned holiday as he will be in possession of the passport!

For instance, I would like to go on holiday with our daughter 1st-7th Apr and he wants to take her 9th-16th.

The order also states that our daughter lives with me. It also states in the order "However, this does not prevent the removal of the child, for a period of less than 1 month, by a person named in the Child Arrangement Order as a person with whom the child shall live"

Does this paragraph override the 21 days in advance of handing my ex the passport if it clashes with my planned holiday, or will I get into trouble if I do not hand him the passport before the 21 days?
ChildSupportLaws Editor 13/03/2017 at 10:49 am
Children can begin to speak for themselves after the age of 11 and the court will listen and take their opinions on board. However, although the court will listen, they will still decide upon what it thinks is in the best interests of your child.
ked 12/03/2017 at 8:30 am
Can a child aged 14 speak for themselves, a court was put in place at aged 12 , if the child makes a decision that they do not want to go to the other parents on 'their' weekend is there anything that can be done. My child is currently scared to stand up to his dad who threatens to take me back to court if he says he doesnt want to go or.if there are other family plans that fall on 'his' weekend. im also concerned that there are severe safeguarding issues whilst he is there. He is mentally.unstable.and plays silly mind games. I want to go back to court as hes messing with both boys heads, they are aged 19 and 14. He thinks he can still tell them what they.can and cant do... its a control thing
ChildSupportLaws Editor 03/03/2017 at 12:27 pm
If your ex does not agree with handing yours and his children back to you, then you would to have to apply for a child arrangement order through the courts, The court will decide what it thinks is in the best interests of your children regarding which parent has residency of the children.
Kez 02/03/2017 at 1:10 pm
If I voluntelery gave my day to day duties up as a mother while I went into rehab to get better what would be my rights now I have left the rehab and doing good and there are no court orders. Thanks
ChildSupportLaws Editor 27/02/2017 at 12:47 pm
You will not lose your child. While your ex can take you to court, if he is not registered as the father, then he has no current rights. However, what the court can order is a DNA test to take place and if the test comes back positive, the court can award contact (usually supervised at first).
Sophie 26/02/2017 at 7:05 pm
Hi me and my ex split up when I was pregnant cause he was beating me up and threatening to hit me in the stomach and kill our unborn child now my son is born and he is 4 months old I didn't put my ex on the birth certificate cause I had good reasons now he is threatening to take me to court and get custyed can he do this and he said they will ask for a dna test but I can refuse that can't I. Can someone please give me some advice and help me I don't won't to lose my boy
ChildSupportLaws Editor 22/02/2017 at 2:02 pm
I am sorry to hear this, this is every parent's nightmare and something that happens rarely, but if it does it can be extremely stressful. If your ex has parental responsibility and he is refusing to return your children then unfortunately the police cannot intervene and return the children to you, as they cannot take sides in issues where one parent decides to exercise their parental responsibility rights. Therefore, I can only advise (which I imagine you have done by now) that you seek legal advice as you will have to apply to have your chidlren returned via court. A solicitor's letter outlining your rights, the possible repercussions of his actions and the effects on your children, may jolt him into action. However, if he still refuses to return the children then you will have to apply for an interim contact order and a child arrangement order which will determine through the courts who your children should live with. I hope the situation manages to resolve itself soon.
Blue 21/02/2017 at 11:03 pm
Hi me and my ex have been separated for 5 years he was horrible to me and our kids it was his turn to have the kids so I went on holiday with my new partner I have come back and he won't let me have the kids back he says he's exercise his parental responsibility please help me I don't know what to do
AnnaY Editor 22/02/2017 at 12:35 pm
@Toots - I think this means that neither parent can withold consent to take the children on holiday and if the parent does withold consent, the other parent can take the children and the police will not intervene.
Toots 21/02/2017 at 6:59 pm
My ex and I have a child arrangements order regarding contact arrangements for our 2 children whom reside with me. Part of the order states that each parent must obtain the others consent for an overseas holiday and each parent must not unreasonably withhold that consent. At the bottom of the child arrangement order it states that the person with whom the children reside can remove the children for a period of less than one month without the consent of the other. It seems that the order contradicts itself somewhat and its very unclear as to which part has the most weight. Can anyone help with some clarification on this matter please?
DadO 17/02/2017 at 12:24 pm
Hi,

I am in a situation where we have agreed shared parenting where the children spend just over half the time with their Mum and the rest with me.

My situation has changed and I need to get the agreement amended so I no longer have the children for as long - it is proving impractical (particularly the school run) and I am in danger of losing my job due to childcare commitments.

I have had to rent a property further away from school than their mother has been able to buy, due to financial constraints. At the moment this is a 3 bed property, but I am going to have to downsize, as this is proving too costly, especially as their Mother (who initially went to her parents for 6 months) has been able to buy a property (we had an agreement where I paid reduced maintenance for the children during the period she was living at her parents, and I stretched myself to give the children a 'proper' base while she got on her feet, now I am paying full maintenance and need to move).

Can I insist that their Mother have the children for a longer period? (I acknowledge I will have to pay more child maintenance).

What would happen if I had to move completely out of the area due to work?

Regards
ChildSupportLaws Editor 14/02/2017 at 11:18 am
I'm afraid your only recourse would be to take the matter back to court. While there is a court order in place, a lot has changed since the original court order was issued, i.e changes where you live/ changes to the original court order etc. If your ex does not agree with the set-up at your new home and refuses to let your son visit, then you have no alternative than to either request your ex attends mediation in order to try to resolve the issues outide court and/or if he refuses, apply back to court to get the order enforced/varied.
ChildSupportLaws Editor 14/02/2017 at 11:09 am
Your only recourse is to take legal advice to see if you have a case. Much depends upon what the original court order specifies. If it specifies the children are to have no contact with you, then this is not their grandparent's decision, but the courts. Plus, you will be in breach of that order if you have contact with the children, and there could be serious repercussions for you. If the court order specified you should have some contact and your children's grandparent is denying you contact against the court order, then you will have a case to take the matter back to court (for contact at least). However, regardless of what your children are saying to you directly - the court will always decide upon what it thinks is in the best interests of your children. If the court has decided you should not have custody of your own children, there must have been a very good reason that made the courts come to this decision. Taking children away from their parents is rare, so getting this decision overturned would not be easy.
Mrs smith 13/02/2017 at 12:28 pm
Hi.
Try to cut a long story short...my ex and I separated over 10 years ago our son nearly 13 we went through a messy court case when son was 8..anyway it ended up with him having residence with me having night in week and every other weekend and half of all holidays.everything been going fine my son older now and sometimes prefers to stay with mates etc so I have to accept that.i moved away with my new partner and my other two kids (from previous) contact with my son was agreed by my ex and that due to distance i could have my son either all holidays or half..again depending on what he wanted to do at the time (my son) he come to me for a week over Xmas not a problem and arrangements were made again to have him then a week later his dad texts saying he has concerns as my son doesn't have his own room.. (he shares with two others at his dads) and that he doesn't like my partner (we been together nearly two years and never had a prob until now!) My son is upset about his dads decision but is too afraid to speak up...in my eyes this is bullying he likes to feel like he's in control he won't have it that it's only hurting our son and believes he's doing the right thing! I'm a good mother my other kids are happy and safe there is no reason he should be doing this! What can I do he's clearly breaking court order!
ChildSupportLaws Editor 13/02/2017 at 10:30 am
You could either request via your solicitor that your ex instructs a third party to pick up and drop off your son. Or you could arrange for a family member to be there when your ex calls to pick up your child. Another alternative would be for your ex to pick him up and drop him back at school if he has your child overnight. If you are still only going through the early days of making arrangements, then this can be arranged via mediation. If your ex applies to court, the courts will want you both to have tried to resolve these issues through mediation first before your ex will be allowed to apply directly to court. If you make arrangements via mediation - then you can state your preferences and avoid the stresses of court.
Misi 12/02/2017 at 2:51 am
Hi,my husband left the house 3 days ago and want to meet a child I have no problem if he will proceed through a court and meet a child but the problem is I don't want to see him again in my life because when he was with me he abuse me and hit me and I always try to make tie up my family I don't want to give my child a plot life but 2nd time he left me so again again I can't take emotionally stress its effect on my health so how it's possible I can't see him again but still he can meet with a child
Thanks
KJ 11/02/2017 at 8:37 pm
Hi just wondering how Me and my fiancé go about getting custody of our daughters back. My fiancés mother has got custody until they are 18 and won't allow the girls to see or even speak to us but we have had contact through snapchat secretly and FaceTime as they are 11 and 9 and disclosing to us that thier grandmother is physically abusing them and telling them basically that they are better off without us so severe emotional harm too,we have had social services involved as the girls are texting us saying 'please come get us we don't wanna be her' but they won't disclose this to social services and the social worker has said if their grandmother thinks it's best for them not to have contact that's the end of it! The social services won't even look at a USB we have with all evidence of texts and pictures and videos of the girls discussing what's going on at home! Please can someone help us by telling us how to get them back as the girls won't open up and the social just think they are telling us what we want to hear! Please help x
ChildSupportLaws Editor 09/02/2017 at 12:31 pm
Much depends upon whether this is a family-based child maintenance arrangement or a CMS one. If it is the former, with no agency intervention, then they will have to sort the matter out between themselves. If the child maintenance is sorted out through the CMS, then payment is worked out on an average throughout the year. Therefore, your wife's ex husband will still be expected to pay regardless of whether he has him for the week or not.
Mo 08/02/2017 at 6:32 pm
Hi,

My wife's ex husband is taking there son on holiday for one week. He has since stated that he will not be paying his £200 maintenance monies for the month to subsidise this weeks holiday. This is now, essentially, my wife funding this holiday.

Can he do this?
ChildSupportLaws Editor 06/02/2017 at 11:37 am
If you have a contact order in place, then unless there is a good reason why the order would not be enforced, then you would need to take the matter back to court. Sometime's a solicitor's letter outlining your rights and the seriousness of breaching the order may help.
Dad 05/02/2017 at 3:46 pm
Hi. My ex girlfriend wants to take my baby daughters passport off me (which i hold legally and have PR) since she has found out she cant do this she has been exceptionally nasty and also witholding my daughter from me at her council flat.
I have the right to see my daughter that has been taken from me for a month but how do i excersise my right to see my daughter knowing that my ex has a violent temper and has threatened to kill my daughter if they are separated? Ps child service have a case on her but have been very unhelpful and i understand that a contact order may not be enforced
Johny 03/02/2017 at 8:15 pm
Hi,I want to ask you about my sister problem! She have to girls with a man that she is not married,my sister it's european citizen,her partner is uk citizen,her grand dougther is non U.K citizen but the small dougther is uk citizen and her partner is in the bought born certificate of the girls,I want to ask because my sister wants to go home in our country(Romania) but it's separate of this person,in what condition she can travel home with the girls without him!thanks
Bob123 03/02/2017 at 9:01 am
Hi I need some help my partner and I have he's son every weekend we get him from school on a Friday and drop him home on a Sunday at 5 we both are in full time work so we get tired and we are having a baby that's due to come in the next 2 months we have chatted to my partner ex and said we will start having he son every other weekend now and on s Wednesday she said no to that she was us to have him every weekend she is now saying that if we only have him every other weekend and Wednesday then she wants us to give her money my partner is not on the birth cir and she will not put him on it so I don't know if we have to pay her
6517 02/02/2017 at 11:09 pm
My boyfriends ex decided he wasn't allowed to see his daughter tonight because she had been behaving badly and this was her punishment as if seeing her father is a privilege there is no contact agreement in place but this routine had been in place for well over a year. She is the resident parent (by default not by court order so technically he could just not send them back home and no law would be broken?) and for some reason believes that she has more rights to the children such as school problems ect (she took the photos taken from a school play and told the school he wasn't allowed them) I've explained that he has parental responsibility the same as she does (the birth certificates have his name on and they were signed after dec 2003) all major matters concern him she believes he has to, in her own words "justify everything he does when she asks because she's the legal gardian" I've also informed him that she isn't a legal gardian she has parental rights the only thing he needs her permission on is to take the kids out of the country everything else is an equally shared decision that she has no greater power over. Am I correct in saying this? And what if anything can get do about her using the children not seeing him as a punishment? Surely that would be classed as alienation? He pays 25 pound per child per week as well as buying school uniforms and things on top. Also do you have a rough guide of how much it costs to get something for contact put onto paper with consequences if it's not met? Sorry for the long post :)
ChildSupportLaws Editor 01/02/2017 at 2:10 pm
Your only option is to suggest mediation to lengthen your access, and if she refuses; take the matter to court. You don't say how old your daughter is, if she is over 11 her opinion will also be taken on board by the courts.
James 31/01/2017 at 9:33 pm
Hi I need help. I adore my daughter and I make my regular payments each month and above, for years now I am allowed minimum rights and my daughter and I are missing out on so much together as her mother allows me no Christmas eves I'm not allowed to build memories of my child on holiday as I'm not allowed to know where's she's going, her mother's phone is only switched on the day before I have my daughter, I need help to take this to court and fight for more rights as a father to have a healthy relationship with my daughter. Pls where do I start?
ChildSupportLaws Editor 31/01/2017 at 1:02 pm
If the father is not on the birth certificate and/or if he does not have parental responsibility then your ex and his family have no rights over the child and cannot make demands upon you. You are currently free to make whatever decisions you wish. However, your ex does have the option to take the matter to court to apply for parental responsibility, in which case you would have to conform to certain rules which includes not taking the child out of the country before you have his or the court's consent.
Tuusakas 30/01/2017 at 10:56 pm
Hello. I have a question. I have a son with British man. The child was born outside UK (EU country) and the father is not on the birth certificate. Baby s father wanted me to do abortion, and was quit mentally abusing me, thats why i gave birth in my original country, but now i am back in the UK. I decided that I give another chance to father (as this seemed a fair for my baby) and his family, but now they are getting too demanding to visit a baby in their terms. The grandmother has been visiting several times, and all was fine until now when she asked about next visitation, and I just asked her to come an hour later than she has been coming every time so far. She started to accuse me stopping her seeing her grandson and threatening to take a legal actions against me. I am a little scared, as I am not British that they might want to take baby from me. Can you please tell me which country law applies in this case? and if it is UK law, then what could be the worse scenario for me? can they force me anyhow to put father on birth certificate or not? can grandmother force to let her see my child in her terms?
can they anyhow stop me returning back to my country with my baby? by fact i know that father lives with family and is using actively a cannabis, and he has case against him being physically abusive towards his mother.
ChildSupportLaws Editor 30/01/2017 at 2:03 pm
If you are looking to move out of the area you currently live in and the father of your wife's children is objecting, then if he has parental responsibility your wife would have to either be given his consent or request consent through the courts 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 the parents of the children 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. On another note, access and child maintenance are two different issues non dependent upon each other, meaning the non-resident parent does not have to pay maintenance (if not earning) in order to see his children, or to continue to be part of their lives.
phil 30/01/2017 at 10:16 am
Hi, my wife and I are looking to move into the country. She has two children with another man and we have one together. During the week we have all the kids and over the weekend two go over to their dad's house. They are 10 and 7 and my wife and I have a 2 year old.together. The kids dad has said he will kick up a fuss if we move away, even 30 minutes out to the county. and has slowly enrolled them into every activity under the sun, dancing, karate, swimming, brownies, boys brigade, an wants more. He pays for the activities as well as any school stuff but has never paid for the 5/6 days we have them a week. He seems to think that we can't move because he's their dad and they have so much going on in this town activity wise and he lives here and also he shouldn't pay towards their daily living during the week because he takes them to the cinema etc at the weekend. I'm not sure if he is right or if we have a leg to stand on trying to move or get help with some of the essentials that children need day to day and not just sweets and outings at the weekend.
Saddad 28/01/2017 at 5:22 am
My ex doesnt want me to take my son for the weekend anymore because i have a new girlfriend, Nothing more. She says I can only see him for a couple of hours in her house. I give her money every week for him without fail and still buy him things that he needs on top of that, ive even given her money when she gets herself a parking tickets etc. Even though the money is not for our son and extra to what I should be giving her. My new girlfriend is great with him, she sits and helps him with his learning and wants nothing but the best for him without trying to be his new mum. My relationship ended with his mother years ago, but it seems as though she still cant let it go. What would my rights be in this situation? I just want to see my son.
ChildSupportLaws Editor 25/01/2017 at 2:10 pm
If the mother is being uncooperative, then the only option your husband has is to take the matter to court for both a DNA test and access to the child. If your husband requests a DNA test through the courts, the mother would be ordered to provide a sample to allow the test to take place, However, your husband would still be responsible for paying child maintenance until the issue is resolved either way. If the child is proved to be his, then he would also have to apply for access and parental responsibility (if he wanted a say in the child's life and if his ex refused to put his name on the birth certificate). If your husband wants the child to have access to you and the mother is objecting, he would have to apply for a specific issue order (tagged on to the C100 contact order). The courts will always decide what is in the best interests of the child and if it can see no reason why you should not be involved, then it will issue the order and the mother would also have to abide by this. I'm afraid it is a rather convoluted process and taking legal guidance is always advised - but hopefully with a bit of perserverance these issues will be resolved over a period of time.
Rainbow 24/01/2017 at 11:37 pm
Hi I'm in desperate need for advice, my husband had an affair which has now ended but has resulted in a baby, we already have two young kids and are trying to make things work but the baby's mum has been doing everything in power to destroy my family. My husband is trying to do the right thing but the mother is refusing to do a dna test, demanding money and putting lots of restrictions on his visitation for example me bring around with the baby and only him for pickup, drop offs and communication, I'm trying to be supportive but my husband is scared he won't get to see the baby if he doesn't do what she want and I don't think I can deal with much more stress. What are his rights?
ChildSupportLaws Editor 18/01/2017 at 12:02 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. If both parents have PR 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. In this situation, if you are concerned about being able to see the children, or, if you think that the children should live with you, you can apply for a Child Arrangement Order. To apply to the courts, you will need to fill in form C100 found at Gov.UK - Forms and Guidance. A court fee 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 child / children 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". Please 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. On another note, while 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. Therefore, if you are concerned about a real and immediate threat to your child's safety, speak to your local police force and social services. I hope this situation resolves itself soon.
Susielou 17/01/2017 at 6:24 pm
Hi I'm a mother of 2 girls age 6 & 7 the eldest has disabilities my marriage with their father broke down in august due to continued emotional abuse drug use and alcoholism on his part he started getting his life in order so I agreed to shared care of the children he has them 3 nights a week and me 4 nights however on Sunday he refused to give them back to me he won't listen to children's social care or the girls schools and has now stopped answering calls from them and is refusing to take them to school so I can't have them back what on earth do I do what are my rights here I'm totally distraught
Emie 06/01/2017 at 9:15 pm
Hi. I have a friend who has four children. He does not want to be named but he has been stopped from seeing his children (not legally) so he is wondering as he is on the birth certificate if he is allowed to take his children out for a few hours and bring them back home without getting into any trouble with the police if the mother decides to contact them.
Emie 06/01/2017 at 9:13 pm
Hi. I have a friend who has four children. He does not want to be named but he has been stopped from seeing his children so he is wondering as he is on the birth certificate if he is allowed to take his children out for a few hours and bring them back home without getting into any trouble with the police if the mother decides to contact them.
ChildSupportLaws Editor 03/01/2017 at 2:48 pm
As both of you have parental responsibility, theoretically, it is not for one person to determine boundaries or lay down the law, it is for both parents to negotiate fair access arrangements between them. Therefore, if one parent decides they are determined to have the upper hand in access negotiation it is invariably going to aggravate the other parent who theoretically has equal PR (regardless of how or why you split up). However, as in many cases if this cannot be arranged diplomatically between you, then the next port of call is 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. In an ideal world both parents will put previous hurts aside to work together over what is in the best interests of their children. Once a separation has taken place it stands to reason that both parents should be able to continue a strong relationship with their kids.
JemIma 03/01/2017 at 10:13 am
I have two sons ages 7&8. Their father's mother has booked a holiday for us all to go on a few months ago. Both myself and their dad discussed it awkwardly and it was obvious we didn't want to go with his mother but no matter what excuse we came up with, she wasn't taking no for an answer. The children have never been abroad and neither myself or the kids had passports but she still went ahead and booked the flights and villa. She also wanted us to take the children out of school For a couple of days so she could get the dates she wanted, but I said no to that straight away. To this date, I have had no holiday confirmation or any details. The boys father and I split up nastily (he cheated for the 3rd time!)a month before Christmas. They have come back from their nanny's with suitcases as presents and told me it's because they are going on holiday with nanny. I specifically asked her as well not to tell the kids as me and their dad wanted to surprise them nearer the time. Apparently it is assumed that I would still be going on this holiday/allow the children to go without me. Which is not going to happen.
So after a very heartbreaking separation, getting the children into a stable routine has been challenging. My ex is being difficult. He's not respecting any boundaries that I have stood firm to set in place, e.g brings the children back an hour late because he doesn't agree with the times I have given him access with the children. I have recently in the last couple of days advised via email his access on alternate weekends and ad-hoc days and given him a schedule for the entire year. I've also told him that as we are not a couple or a family unit anymore, neither myself or the children will be going on holiday, but I added that I was grateful for the generous offer. He has responded with threats of taking legal action against me. He is not the easiest person to have a civil conversation with and twists everything I say or do. He's using child access as a means to control me. I'm at my wits end. Every day brings a new drama that I have to battle my way through and I can't see the end anytime soon. What rights do I have to make sure the boundaries for child access is accepted and also to refuse the holiday? Thanks
Keith 17/12/2016 at 9:25 am
My wife and I and separated and my wife's mother intervenes with me and my wife being able to talk. My wife's mother has switched my wife's number so I can only talk to my son thru her. There is nothing legally binding as far as custody.... then have refused me the right to visit or pick my son up. And would not let me talk to my son. Idk if he is even currently at my wife's mother's house. And has threatened a restraining and harassment charges again me. And trespassing me if i show up. He is 4. They said they are withholding him until I respond to hand delivered divorce paperwork that is not legally binding. They are also trying to make the divorce go her way..... cutting out my input. Is this legal at all and if not how do I get immediate joint custody until the divorce and custody and child support cases start? Please help me I love my son and idk where he is and have no way to talk to him
ChildSupportLaws Editor 06/12/2016 at 1:50 pm
If your partner is threatening violence, please see Refuge whichIt has a confidential helpline with fully-trained advisers who can help with support and guidance. If the father is registered on the birth certificate, it means both of you have equal rights to the care of your child. If you wish to leave with your child, then you have every right to do this.
Emma 06/12/2016 at 11:16 am
I have a 8 year old son who lives with me and his step dad, he hasent had regular contact with his real dad since he was born, when his dad rings to speak to him my son never wants to talk to him or see him and if I say he has too he starts crying and getting upset which diss tresses me and my son, so because he won't go up there he's threatening me with solicitors that I laugh at as I've never stopped him and when he does have my son I have to take him to his dad . So my question is can my son decide whether or not to see his dad or does he need to be older and does his dad have to pick him up from me? Thanks
rachel 06/12/2016 at 5:48 am
Hi I have been with my sons father for 7 years we are not married and our son is 21 months old.i want to leave him but he threatens me and says that I can't take our son with me or he will beat me. He has only supported our son for 6 months of his life the rest of my sons life I have been supporting him with the help of my mother for the past 3 months but other than that I'm the one who always finds a way to get whatever he needs and brings him to his doctor appointments and I don't get any help from his family at all.my sons father hasent had a job in a year. If I leave him what are my rights as a parent and taking my kids with me.i mean I have tried to work things out with him but he dosent want to grow up and take responsibility and help me with our son
Rebkel 22/11/2016 at 9:38 pm
Hi. My son is 4 years old. He stopped seeing his dad when he was 2 and I heard nothin from him until I applied for child maintenance from him. So after not seeing my son for just over a year he gets in touch about seeing him so I allowed contact firstly supervised then 1-1. My son is in full time school and I agree to let his dad have him Wednesdays after school for tea till around 5:30pm then every other Saturday from 11am overnight until the Sunday till around 5pm. And then on the weekends he doesn't stay over he has him either Saturday or Sunday 11-5 ish. Which I think is very reasonable and more than enough contact to maintain a good relationship. He has now gone to see a solicitor as he wants my son every Wednesday night for tea as before plus every other weekend Saturday from 11am till he drops him at school on Monday morning.. and then on the weekends he doesn't stay over night he wants him 11-5:30 on either the sat or Sunday. Which will then initially leave me seeing my son for only one full day every other weekend as he is in school Monday - Friday. Is it just me who thinks this 'demand' is totally unreasonable and would court give him all this access even though I give him more than enough as it is. Baring in mind he has only been seeing my son for 10 months. And as he is so young I really don't want him staying over night on a school night as I think it would cause confusion to his routine as this is only his first year at full time school. Please could someone advise me I'm so stressed over it! Thanks.
Yianna 22/11/2016 at 12:24 am
My daughter recently refused temporary access to her about to be expected, due to his treatment of their child. As a result he is taking her to court to gain access. The child in question is 9 and doesn't want to have sleep overs but would only like to see the father every other Saturday for a couple of hours. Will the court accept this or will the child be forced into to spending more time with the father?
Bex 19/11/2016 at 7:06 am
I have two sons... one being 6 and the other 8. Their father is on one of their birth certificates, but not the other. He disappears for years/months/weeks at a time and then comes back around, blames me for his absence and then demands to see them again. This lasts for about a week or so before the circle starts all over again. He is now threatening to take me to court, as apparently the days and times that I have tried to arrange access for him don't suit his availability (I believe I have been very fair). He has never financially supported either child in the almost 9 years. There has also been a history of domestic violence towards myself. I am just wondering where we stand in all of this? I want to do what is best for my children.
ChildSupportLaws Editor 17/11/2016 at 12:51 pm
No he doesn't. His ex is entitled to keep this from your partner, if she chooses. As long as she keeps to the terms of the court order, then his ex is not in breach.
Dee 17/11/2016 at 6:07 am
My partner has a daughter with his ex & she has recently moved house, she refuses to give him the new address & we have to collect his daughter from a supermarket car park. We have a child contact order through court already for his daughter, & he pays regular maintenance. His ex is a very unreasonable person & makes contact very difficult. My question is, does my partner have a legal right to know his daughters address?
ChildSupportLaws Editor 16/11/2016 at 11:02 am
The fact your ex is allowed to see your child has no bearing on whether you are allowed to see your child (in terms of fairness) as his case is different to yours. Any court would wish to see that you had made concerted efforts to change your lifestyle and/or received help, and that you have had a significant period of having turned your life around before your case 'may' be reconsidered. However, this is supposition as much also depends upon the greater circumstances, which we know nothing about. A court will always decide on what it thinks is in the best interests of your children, and currently it thinks it is not in the best interest of your children that you have unsupervised access. I'm afraid, where is goes from here is down to your own actions to try and rectify the situation. People may not 'seem' to care if they cannot see you have made significant progress. It's not that they don't care, it is that unless there has been a turn around, they cannot begin to think about trying to work towards a solution on your behalf.
Lucy 15/11/2016 at 12:38 pm
I've recently got out of a domestic an violent relationship and be cause of the trauma i turned to drink which ended to me putting my 2 boys in voultnry temperate care now ive been told I'm very unlikely to get my children back due to my alcohol intake but I dont my youngest as I'm not aloud and my eldest son is now 7 and just recently his father has come into his life after so many years and is able to c him when e wants where as I have to go once a week to a contact centre I know I've done wrong but nobody seems to care
ChildSupportLaws Editor 07/11/2016 at 12:12 pm
If you have a court order and you have stopped access, then you are effectively in breach of the court order, which will mean your ex can apply to the courts to have the order enforced. However, if you have a good reason for stopping access as a result of this event, then the courts will take this into consideration and will decide on what it thinks is in the best interests of yoru children.
Kel 06/11/2016 at 7:21 pm
Hi I have custody of my two children aged 4 & 8. I took my ex to court as he was refusing to give my children back I agreed to every other weekend and a midweek visit ( overnight or few hours) the girls choice. Last weekend he had the children and due to his neglect and stupidity he put my 4 year old in danger by putting her and 4 other children in the boot of a car no seatbelts or strapped in and resulted in her splitinging her head open wasn't huge but then didn't seek medical advise bought her home. So I took her to a&e and she had to have her head glued....she's only 4 my question is ive stopped the access as I can't trust him to keep her safe....where do I stand with this...I've reported it to the police and it has been reported to social services I just don't know how legally stable I am? Any help would be really helpful!
spike 04/11/2016 at 8:25 pm
My husband and i have 4 children. He was married before and has a daughter with his ex. She is 15 years old now. His ex has also gotten married and is pregnant now. My husband pays his maintenance but she wants morw. He gave her more and now she wants another increase. We live drom hand to mouth. Everytime she threatens ti take him to court. What can we do to make her stop.
Fara 25/10/2016 at 9:24 pm
So he gets away with it just like that ? Because im too poor to prove hes lying !
This country is so wrong
ChildSupportLaws Editor 18/10/2016 at 2:29 pm
It will really be up to the courts to decide what it thinks is in your child's best interests. Therefore, I'm afraid it is impossible to advise upon.
ChildSupportLaws Editor 17/10/2016 at 10:21 am
I'm not sure what you wish me to advise on. You don't say whether you were granted a residence order through the courts, and/or if your ex has access to your sons, which makes it difficult to understand what you are asking. If your ex has told untruths in the past, then hopefully the Cafcass report and the courts will be able to uncover this. However, you will have to clarify your question more clearly in order for us to be able to answer it fully.
ABBEY 16/10/2016 at 5:17 am
My husband and i parted after 11 months due to adultery alcohol and the physical and mental abuse of both my children Divorce soon followed and i was granted custody Their dad attempted to tarnish my reputation and made false statements designed to create great upset and mistrust to my sons myself family and friends . Tools to accomplish these aims was false vile statements . I successfully completed a range of courses with the many aspects of caring and looking after children. i have cleared my name and i am trying to see my twin sons as one of my strengths is i never give up and i want my sons and love my twin sons . My ex has always told untruths . Can you please advise?
Phil 15/10/2016 at 9:06 pm
Hi, wonder if you can offer any advice. I currently have a child arrangements order and I am in the process of court again for a variation in the order. I have a new partner and have recently moved in with her where we spend time with my daughter. My ex is now refusing me contact with my daughter, telling me that I won't be seeing her until she has the address however my partner does not which for this to be shared due my ex giving her abuse previously and that she has two young children of her own and has concerns about my ex and her previous behaviours. Can you offer any advice please?
Tony 15/10/2016 at 1:22 pm
Have I got any rights to know where my daughter lives.? As I want to have access to my granddaughter.!!! But I'm taking my daughter to court for grandparents rights, but letters from court and mediation can't get I touch with her.! My ex won't give me the address either. Where do I stand???? Regards Eugene Antony Taylor
ChildSupportLaws Editor 14/10/2016 at 2:13 pm
You would have to suggest your ex either attends mediation to sort out specific access times or if your ex refuses, take the matter to court. If you are issued with a court order to see your children, then your ex will have to adhere to this and will not be allowed to change the days/times. Therefore, you may wish to seek legal advice in order to explore your options.
Sezza 13/10/2016 at 9:49 pm
Hi I was wondering how I stand regarding emotional abuse n and controlling behaviour towards me and my children. Although my child don't live with me my ex uses the control of the system to take away all my rights he tells me when I can't see my kids and tells them I don't want to see them. What can I do to stop this
ChildSupportLaws Editor 12/10/2016 at 2:32 pm
The only option the father has is to take the matter to court if he has an issue with the action his ex is taking and thinks it is not in his daughter's best interests. If he disagrees with the move and thinks his ex may do this without permission, then he has the option to 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. If the move is only local and he disagrees with the school move, then he has the option to apply for a Specific Issue Order through the courts. 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 PR. These orders can cover a wide range of issues that parents cannot agree on. As in all cases, the court’s main concern is the welfare of the child in question. With both orders, 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.
ChildSupportLaws Editor 12/10/2016 at 12:37 pm
It is enough that you ask your ex not to do this, but there is no recourse should your ex decide to assert his own parental responsibility rights and make the decision for himself. If you wish to make the matter more official, then you may 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 PR. 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.
Plant 11/10/2016 at 7:49 pm
Question; My ex has always been an erratic driver and was involved in a collision while our child was in the car. I am now very worried it will happen again and so I have said my ex cannot take our child in the car until I am more comfortable with how he drives. Our child is under 1. Do I need a court order or is it enough that I ask my ex not to do it?
Mermaid 08/10/2016 at 7:18 pm
Hi. My partner and his ex separated over a year ago, they have a six year old daughter between them. Until recently the mother has been far from amicable with arrangements for access, this has been sorted although she still occasionally messes about with plans changing at the last minute etc. She has just got married and is now planning to move and change the child's school. She hasn't consulted the child's father about this decision she's told him that's what she's doing. I understand that legally he should be consulted and voice concerns or agreements but this hasn't taken place. She sees it that she is the mother and has all the rights. Where does he stand with this and what should he do?
Craig 08/10/2016 at 5:47 pm
We have a 10 year old daughter and we are having trouble with her half sister and her family. We have previously allowed them contact and even allow our daughter to stay with them often even though we don't get on. Things have turned nasty however and they threatened my partner physically when she went to collect them. We have kept these text messages. We have now informed her half sister and family that no longer will we be taking her up there and all contact will now stop.
They are now trying to get myself sacked from my employment claiming they have proof i have done something wrong and claiming to have phoned my emloyer. Neither are true though. Now they are threatening us with legal action for access. I dont think they have any rights but im not sure. Could you advise?
They keep saying when she is 12 she can decide but again i dont think thia is true.
She is only her half sister and the trouble is feom the half sister and the half sisters mother.
Any help would be great
Dontknowwhatelsetodo 27/09/2016 at 9:21 pm
Me and my ex partner have had an agreement in place a year now but has actually expired in April 2016, of which until now, my son starting school I feel there needs to amendments made to the rota, of which we both keep the same amount of days but he is not willing to compromise. The reason I feel this now needs to change is my son has since started school, and when picking him up everyday he becomes very upset and confused to where he should be, I feel this comes in to play with affecting his welfare (emotional state) I do not want his school life to suffer and feel mostly being with me during the week would help this (but his father still keeping his same amount of days) What I want to know is can I change this if he refuses anyway or would I have to take it to mediation? As I feel this is a long process to go down and do not want my son suffering?
ChildSupportLaws Editor 15/09/2016 at 12:54 pm
I'm afraid the only option here is to take the matter to court and ask for a variation. If your ex refuses to vere from the court order, then you have no real choice here. Therefore, it means you either take the job and ask for temporary flexible working (if you show your employer your court order), or you relinquish the Sunday with your son until the matter goes to court. The other issues you mention may also be able to be dealt with through court. I know it's tough and I do empathise, the difficulty you have is an ex who refuses any compromise.
DazLee 14/09/2016 at 8:01 pm
I have a boy aged 7 and I had a court order for me to see him for 7 hours on a Sunday on the outlook at extending time to over nights a year has past with no change, even the summer holidays which is 7 weeks I was not allowed one extra day it had to be inplace of my several hours on the Sunday, sorry forgot to mention I was working during this year which I've recently had a job change which includes compulsory working on the Sunday to which I tried to rearrange the day I get him. I've been told she will not change the dates I get him and now I'm left in a pickle I want to see my son no matter what but I need to be an active working member of society..... I have made contact with a lawyer but I know from previous experience that it will take ages to get back into court...... Is this allowed can she control my working situation and also the housing will not rehome me closer to my work until she discloses that my kid comes to visit me at my home with the view to staying over I'm at my wits end
ChildSupportLaws Editor 12/09/2016 at 11:44 am
I can only suggest you seek legal advice regarding this if you wish to take the matter further and your ex refuses to attend mediation.
ChildSupportLaws Editor 12/09/2016 at 10:04 am
As any non-resident parent with parental responsibility they will always have the option to apply through courts for a contact order. However, if you are concerned your ex may wish to try and reclaim your children, then you can apply for a residence order which determines where your children would live, With regards to child maintenence, this is a separate issue to child access and neither have a any bearing on each other. If your ex is eligible to pay child maintenance i.e she is earning a wage, then if she refuses to contribute to her children's welfare directly, then you can apply whichI hope this helps.
Icequeen74 11/09/2016 at 10:10 am
Hi I am a mother of two 9 and 11 they live with their dad due to marriage break down and he made me leave and wouldn't let me take the children. My parents are on side with him and don't have anything to do with me. All three make it difficult to see my children they dictate to me when I can see them and they don't really encourage them to see me even thou the children want to see me. They wouldn't let me go to my child's birthday party even thou my child wanted me there. I haven't done anything wrong apart from my marriage breaking down I have no support. I provide for my children and want more contact with my children
San 11/09/2016 at 12:45 am
I'm a single parent to 2 girls aged 4 and 6. Mother has broken contact arrangements twice in the last 4yrs and is extremely inconsistent with contact and has only seen them on average once every 3months. She hasn't contributed a single penny since our separation. What are my rights as the girls are now settled in school and I feel that her coming back in for a day is going to cause more emotional harm than good to them. Mm
Worried Nana 10/09/2016 at 8:27 pm
My son's girlfriend left with their two children. She wants to co parent but this seems impossible. Argument's are frequent police are called by her and others. She comes be day and night and most recent argument has a domestic violence order issued. My grand kids are exposed that this all the time. I want him to proceed with some sort of separation can he just go to NV da
Justme 10/09/2016 at 7:58 pm
Hi, could someone please advise me.
My partner and i seperated almost a year ago. We have a 3 year old!
He decided to take me to court for a defined contact order which he was getting anyway every weekend.
He failed at times to show up, took himself of for 3 weeks, then a week and then numerous weekends so at times hadn't seen the child for quite a bit!
Anyway the last 9-10 weeks she has become increasingly hysterical at every sight of him, refuses to go with him, I noticed it was having a bad effect on her to the extent she wouldn't talk to anyone with maybe only miming or blinking to communicate and then started to have toilet accidents regularly!
I have allowed him into my home to get her around, have met him in soft play areas etc...but nothing seems to be working and she keeps telling me she is scared and doesn't want to go! She sobs sore when she sees him and is inconsolable!
I am worried about the effect this is having on her and maybe for the future too, I have tried to talk with him and explain it but he just says I'm not doing enough to promote their relationship, when really I have tried everything in the book, even down to having pictures of them developed for in the house . It's got so bad I have told him to please just leave her alone until the day she tells me she wants to go and I will be in contact!
Can someone advise me is there any law or act that represents a child's emotional wellbeing regarding this, because surely telling me a thousand and one times she doesn't want to go and becoming distressed that her voice should be concerned and she should be able to stand up and be counted for!
I am scared for the effect it is having on her in the long run.
ChildSupportLaws Editor 08/09/2016 at 11:40 am
Firstly, child maintenance and child access are completely separate issues that have no bearing on each other. This means just because you have requested payment through the CMS/CSA it doesn't mean you have to give your ex extra access to your children. In other words children should not be used as financial bartering tools by either parent. Regarding him applying for a PSO, this is highly unlikely stand up in court if you have to move for financial reasons (as these can be justified by you). Plus, the distance is unlikely to make a difference to your ex's and children's relationship, therefore the court is unlikely to grant a PSO. Your ex is making threats of which you do not have to be bullied in to. Please be aware though, that if your ex is named on the birth certificate and has parental responsibility then if he refuses to hand your children back the police cannot intervene and you would have to apply for your children to be returned through the courts. This is a very rare occurance and not one that any parent should take without serious consideration as it can backfire. But it can happen. If you are fearful of this occuring, I suggest you apply for a child arrangement order through the courts which will determine where your children shall live (which means the police can get involved if your children are not returned). Once in place you can arrange contact either through mediation or through court at the same time. Some legal advice may help you in the first instance. If you cannot afford legal representation after this, you can self-litigate.
Worried mum 07/09/2016 at 3:17 pm
My ex is named on the b/cert but we are not married. He has been inconsistant with maintanence payments stating that he will only pay if he has he girls in the past. Now he has failed on several occasions to pay maintanence so i have gone through CSA. He has recieved the letter about this and is demanding to have our youngest for over night stays, she is 4 months old and has only seen him once a week sometimes not even that for an hour or so. He has also threatened me with a PSO for moving, i cant afford where i live currently on my own so am moving closer to my family for help/ into council housing approx 4 miles away. Its a bit of a mess i have never denied him access despite his unreliability. Do i legally have to let him have his daughter over night? And what happens if he refuses to hand them back on a day he has them? Can he do so? Should i seek proper legal advice im so worried about my girls
John711 02/09/2016 at 5:29 pm
My daughter has separated from partner they have 12 year old girlEmma .my daughter has since remarried both have joint custody of girl although she is legal guardian.The problem is Emma wants to go to school of her choice were her pals from primary were my daughter wants to send her to another school she thinks is much better but Emma has caused so much fuss about the decision she has got her Dad involved who threatens to take her out of the school of my daughter s choice .
John Norman
Paulrae77 02/09/2016 at 10:00 am
I am no longer seeing my children after always having them 4 times a week. I rely on my ex partner to sort out contact after battling her in court for best part of 2 years...but have no faith in her to promote contact which she stated she would whilst in court....I have been in touch with cafcass who were very supportive of me during this time and they have closed this case in April on the basis of promises made by my ex that we would sort this situation out between us...It is now September and I'm no further forward and the support my ex promised hasn't really happened...I don't know where to turn now as this has already cost me 19000 and I'm not really in a position now to spend any more...I pay maintenance every week, and would like to know where I stand regarding witholding the payments and placing them into savings accounts for my children instead...After all Im not seeing my children and it's not like I'm not willing to pay money but if I can put it into saving accounts instead for my children then I would like to do that. ..are there any consequences for doing this as it's not like I'm not paying, just won't be giving it directly to my ex partner
ChildSupportLaws Editor 30/08/2016 at 1:52 pm
I would tread carefully in this instance. In the first instance we can assume that the mother of your child has your son's best interest at heart and you have to question whether she would allow someone in your son's life who may be a 'violent thug'? Your main objective here is to not go on the offensive without any proof whatsoever, but to try to work your concerns out with your ex. There may be many reason why your ex is refusing to let you meet her new partner, it may be because she doesn't trust your motives, or she thinks you may react, or simply that she wishes to keep this side of her life private. Going in with a sledgehammer is not the best idea, but talking amicably to your ex about your concerns of introducing a new man into your son's life should be your first approach. The fact you have your son a lot of the time will help you to be able to assess whether he likes your ex's new man. But don't look for issues that might not be there. For your son's and your sake you have to trust your ex as your son's mother that she would not put him in a harmful situation and take it gently from there.
Hilt 29/08/2016 at 10:30 pm
I have a child arrangement order over my 18 month old son. We have joint care n both have pr, tho it does work out I have him through the majority of the week and more time. Recently my ex has got a new partner. I asked meet this person as obviously they going have a big impact on my sons development. It was flatly refused, I won't even get told the persons name. On top of that my son has recently become very funny round men, and today has come back with a nasty mark on his face. I'm obviously very concerned about my son's welfare, for all i know this man could be a violent thug. What options do I have? Way I feel is i dont want send him his mother's due to the risk, but know there are large risks to that
Peeved 28/08/2016 at 11:49 am
Can you help?

A nursery has threatened to withdraw my child's placed, told me I can't speak to other parents or raise concerns about the welfare of my child?

This nursery is based in Scotland and is private with a government partnership.

Can they legally do this?
ChildSupportLaws Editor 25/08/2016 at 2:08 pm
If you are thinking of emigrating, regardless of whether your wife's ex doesn't see the children, if he has parental responsibility you will have to apply through the courts if he refuses give consent. If you leave the country without requesting permission through the courts you could be charged with abduction.
Scott 25/08/2016 at 10:55 am
I live with my wife and her 3 children from a previous marriage. 18, 15 and 8.
The children's father was violent and was found guilty of assault on my wife and causing the children fear and alarm although he was charged with assaulting them.
He has not seen them for 3 years ( bail conditions prior to court last year caused 2 years of that )
The older children are petrified of him thankfully the youngest hardly remembers him.
Reason for writing is we are contemplating emigration.
He is a control freak who even though he doesn't see them would be against this .
Where do we stand ? Are we likely to be prevented from going ?
I don't want to just go and then be dragged back by the court system .
ChildSupportLaws Editor 24/08/2016 at 11:17 am
No, your daughter does not have to consent to this, what she plans to do with her child is up to her. Just as when the father has his son, the plans he has with his son should be his decision. Unless your visit coincided with his agreed time with his child, then as the resident parent your daughter can put her foot down and not allow her ex to dictate such rules.
Mal 23/08/2016 at 2:53 pm
My daughter split from her partner a year ago they have a 4 year old son. she is the resident parent with her ex partner seeing him for a few hours a week plus maybe one overnight stay every 10 -14 days. Recently he has been verbally abusive to her both in person and on text as has is mother. He has now taken to dictating who she can see whilst with her son . on a recent visit he saw that we were visiting our daughter and took away her son saying we were not allowed to see him as we are bad grandparents because we do not visit him enough. We live over 350 miles and our in our sixties and with the expense of train fares and hotels it is not easy to visit that often. Does my daughter have to take any notice or indeed allow him to do this?
ChildSupportLaws Editor 22/08/2016 at 2:04 pm
You would have to seek legal advice regarding this. If you both have shared care and one of you wishes to become the primary carer then it would have to be assessed through the courts. You don't say how old you daughter is either, but if she is over the age of 11 her opinion will also count regarding where she wishes to live. The definition of 'shared care' is that neither parent should take the dominant role in the parenting relationship and that all decisions are mutual. The fact this arrangement can break down is one of the reasons the courts are reluctant to award this status over and above the resident-parent status and NRP status, unless both parents agree. If the matter goes to court, the court will decide what it thinks is in the best interests of your child based upon the results of the Cafcass report. The fact you are financially in control of your daughter's welfare edges you into the theoretical position of primary carer. However, other practical and emotional considerations would be taken into account such as which parent lives closest to the school, which area does your daughter feel more at home in and where most of her family and friends are based. Therefore, legal advice here will help to establish whether you have a strong case against your ex, should the situation worsen.
Blaze 22/08/2016 at 12:24 am
Hi
Me and my ex husband agreed through solicitors when we divorced that we would have a shared custody order. That was two years ago. Up until now it has worked but lately my ex has started to bully me and use our daughter against me. For example he has taken her away for 10 days over the holidays, 5 of which was my agreed days. When they came back, I asked if I could see her and have her overnight as he's had her for 10 days and his response was no as it is his agreed day to have her. He keeps saying that I am not her primary carer and that his home which is the home she grew up in, is her actual home. He keeps threatening to take me to court for full custody and that we have equal rights at the moment but I don't care for our daughter at all. My address is on all her school, doctors, hospital notes etc and I claim the tax credits and pay all the school dinners and creche fees. I don't even receive CSA from him as he claims he does not have to pay as he has shared custody.
Can someone please clear up what shared custody is for me and what rights do I have etc? Also is there a way I can stop the shared custody as he is now using it as a way to bully me and I do not want our daughter to pick up on it?
Thank you.
Borny 17/08/2016 at 9:50 am
Hi
I'm not against paying child support I'm a father and I should pay
It has to be in line with a persons wages or income
The matter that does annoy me is the state pays child tax credits working tax credits and housing benefit and a part time wage to the person with care
So a low income worker has less than the minimum wage to live on cannot claim any benefits and the charge for child support is taken at gross wage not net wages
So by being denied contact and involvement with our children
We also have to pay out again for contact cost and living costs ?
How is child support laws fair and balanced if the pwc yearly income is not taken into account ?
They say Cms we don't take their money we take yours
So the practice of financial abuse is ok the pas of a parent is ok
How is that protecting children
When they have to suffer mindless dead beat hostile abusive parents
Over their expected right of being paid for a natural act of having children
This law is a discriminative practice against men workers and to fundamental act of being a father
Three times going to court can have the risk of the child/ ren being taken off them
Nine times I've been to court and I'm in breach of my contact order because I'm being screwed over in child payments
The kids going to Paris Disney world says she's not in hardship
I'm not bitter good for the kids but as a father I don't have the means to give them that option
The law is an arse take my licence so stop you from being employed take my home so stops me having safe contact with my kids
Steal up to 40% in a garnish
For a system that does not regulate weather that money is spent on the kids or not
But the state pays out in benefits 14,000 in handouts ?
fathers are denied children are being absued by mothers who think that the law is for them
When law is about our children
But being a man we can be marginalised and discriminated against
How can a modern society expect fathers not to be deadbeats if they putting us in hardship over % chargers that don't go to our children
It's about making profit out of children
So it's slavery it's mal practice mal administration and abuse of office
The hours I've spent chatting bubbles with these half wits and clowns
Common sense does not register with this company
Fixed home fixed address can attack your living wage
Because the rate of cost is not in line with the low income that most workers earn and high rents and bills
The law of child support is about making money
How can they say gross income when tax and nic have to be paid
When the state give thousands in benefits
this law is a crime not balanced or fair and is a breach of my human rights
ChildSupportLaws Editor 12/08/2016 at 12:02 pm
This is a tricky question to answer and I can only try to answer it by asking you to put the shoe on the other foot, i.e if you met someone new and you took your children to stay with them, would you feel the need to consult your ex? Yes, it shows courtesy for an ex to let the other parent know certain things, but if the other parent may react by withdrawing access, or not trusting their judgment then it is understandable that the non-resident parent wishes to keep matters private. Another issue here is that some resident-parents can tend to think the NRP is not capable of looking after their own children, even though they have an equal ability and can demonstrate as much love and care as the resident parent (i.e they are a responsible adult, and your children are older and therefore able to form decisions of their own). Unless there is any reason why your ex would put the children in a harmful situation then there is no reason why your ex has explain himself and his actions. Trying to have a trusting relationship with an ex and knowing that both of you have your children's best interests at heart is the main thing. What your ex does and who he introduces your children to (especially if he is in a committed relationship) is really up to him and his ability to make rational decisions as a parent. There are no legal rights to say what a parent can or can't do in circumstances such as this, the best parents can do is be able to negotiate between themselves over what they think is in the best interests of their kids.
Jojoed 11/08/2016 at 12:18 pm
I'm a single parent to 4 children. My two youngest my girl is 17 and my boy is 11 have on occasions stayed at their Dad's house and each time he's moved I've been told the new address. I've had over the last few months a very strong feelings something was being kept a secret from me, my ex told me last week the day before he was going he was taking our 11yr old away for a long weekend, so all I asked was where they were going and was anyone else going with them? My ex flipped and told me it was none of my business! I managed to get Butlins out of him. Anyway to cut a long story short I had to let my boy go but the whole time worried sick then he's wanting to take him camping for a few day's and I said no unless you tell me where and who with and he won't!...my 17yr old then broke down and told me that my ex has moved in with a woman his girlfriend and this was over 2 months ago and he told them not to tell me....so when they have gone to stay at their Dad's they have not been staying where I thought they were!...I think at the very least I as their mother I have the right to know where and who with my children are....he's having none of it and I don't know what to do can you help please.
ChildSupportLaws Editor 01/08/2016 at 1:48 pm
You would have to apply to court. I suggest you seek legal advice before you apply in order to explore your options.
Getting frustrated 31/07/2016 at 11:30 pm
Hi I was wondering if you could give me some advice please. My partner n ex when to court where she was rewarded residents, now 2 years later we have had my step daughter full time for a year with once a week contact from her mother, if that at times. Where do we stand with getting this residents order changed?
Aly 29/07/2016 at 8:37 pm
My children (17 &15) live with my ex husband, ive now found out he had moved but is refusing to provide me with his new address. What can I do as he has also told the children not to tell me
Thanks
ChildSupportLaws Editor 26/07/2016 at 12:05 pm
You have every right to make a decision on what you think is in the best interests of your child. Obviously, the best way to discuss this is reasonably with your ex directly and try to come to an alternative access routine between you. If your ex is saying it's not suitable for children, then he should be amenable to an alternative suggestion. Mediation wuold be the next port of call if you cannot agree between yourselves.
Concerned mum 25/07/2016 at 2:58 pm
My ex has moved into, in his words, a grim bedsit not suitable for children'. What rights do I have as resident parent to say I do not want my 4 year old daughter sleeping there?
ChildSupportLaws Editor 25/07/2016 at 12:58 pm
You would have to seek legal advice here - as the only way you may be able to resolve this is through court. It is worth paying for some initial advice and if you cannot afford the legal fees to take the matter to court, you may be able to self-litigate. As your child is now older, then his opinion will be taken into consideration by Cafcass. The court will decide what it thinks is in your son's best interests.
tortured mum 24/07/2016 at 7:09 pm
Hi there.
I suffered PND and felt it best if I left. That was 13 years ago. My ex has made contact impossible and even though DS is now visiting his grandparents just 6 miles away he is refusing to meet.
However, he is happy to demand money and I only heat from him of the direct debit is delayed.
I am remarried with 2 and he is remarried with 3 and one on the way.
If I call the house or make contact in anyway other than email he threatens to call the police and do me for harassment.
Any phone conversations in the past with DS my ex has recorded! !!
Please help. I just want to see my son.
ChildSupportLaws Editor 23/06/2016 at 2:51 pm
Your next move would have to be to apply to court for overnight access if you cannot resolve your issues through mediation.
Horace 23/06/2016 at 6:38 am
I have been separated from my wife for 6 months. My ex won't let my daughter (8), sleep over at my house. We have been to Mediation, but my ex wife keeps making excuses why my daughter can't stay over. The longer staying contact is not happening, the less likely my daughter is not wanting to stay with me.

What is my exit move?
ChildSupportLaws Editor 21/06/2016 at 12:54 pm
I am sorry to hear this. If the father refuses to grant her access, or refuses to attend mediation as a way of resolving the issue mutually, then your sister would have to apply to court for a C100 contact order. In the meantime she may wish to seek some legal advice and perhaps ask a solicitor to send a letter requesting mediation and if the father does not attend she will apply to take the matter further. If she cannot afford the legal fees of having representation, then she can self-litigate, which many non-resident parents are doing now legal aid has been more or less withdrawn.
rache 20/06/2016 at 7:46 pm
Im just looking for some advice for my sister to see where she stands. She left her son with the father 8 years ago and he applied for pr he was granted this as she never turned up. She has suffered from mental health issues and has recently been involed with the mental health team she didnt go out the house for the whole 8 years she is asking for access to her son as she is alot better now the father is saying no where does she stand?

Thanks
Laura 09/06/2016 at 9:07 pm
Hello can any one help me please. I've been separated from my partner for 2 years. Recently he asked if he could have some extra time with our daughter. He has her every weekend. I agreed for him to bring her back to me on a Monday morining at 10 this happens fortnightly. 5 weeks into this I found out he has been collecting her from nursery at 1 instead of 6 every week. So I've now had to change my nursery contract to suit this. So I asked if I could have her back Monday mornings now due to the fact that he has every Friday from 1 to take her to swimming classess. He has said no and is trying to dictate to me what will happen on a Monday. I am her primary carer and feel helpless. I have asked to go to mediation. He then said I could have her at 8, but he lives 40mins away and I'd have to collect her. I've agreed to it even tho he claims mileage from cms. After agreeing I said that I still want to go to mediation so everything is set in stone for our divorce. He's now kicked off saying he's keeping her until 11 until we've been to mediation. Can he do this? I'm so confused on how I've enabled him more time with her and now he's blocking me from having her on a day that is rightfully mine? Please can someone help me
ChildSupportLaws Editor 02/06/2016 at 11:37 am
Any contact orders made after 2008 should include a standard warning notice at the bottom of the order warning the parties concerned of the consequences of failing to comply with the order. Therefore, I suggest you seek legal advice asap and perhaps ask a solicitor to write a letter outlining the terms of the order and what will happen if your ex does not comply with that order and warning that you will take the matter back to court to have the order enforced if he doesn't. Hopefully, your ex will return your child. If your ex does not return your child, then you will have to take the matter back to court. If you cannot afford legal advice, the Citizens Advice Bureau may help you compile a letter and if you cannot afford fees to take the matter to court you can self-litigate with the help of a McKenzie Friend, and if you are on a low income you will be able to get your court fees reduced. I hope this helps.
Doormat 01/06/2016 at 3:09 pm
I'm my daughters Primary carer but my ex who has parental responsibility has taken my child and she's living with him despite a final court order stating he has her twice a week and every other weekend & I don't now how to enforce the order I'm missing my daughter
ChildSupportLaws Editor 16/05/2016 at 10:27 am
If you are considered the primary carer, then there is no reason why you should not look after your kids on a day-to-day basis. Your best option is to discuss this with your ex and try to sort the logistics out between you regarding who cares for your children and where you should live. If you cannot agree or wish to have some third party intervention then mediation may work for you, as the agreement will be overseen and authorised by the courts. Unfortunately, if your ex doesn't agree to you becoming the primary carer and you cannot agree through mediation, the last resort would be court.
Jade 16/05/2016 at 7:45 am
Despite previously writing a letter agreeing to change my daughters surname to my marital name the bio-father has now refused to sign anything (depol forms) where do I stand? Can I go to court over this? Can I get a full name change or would i only be I intitled to a double barrel? My daughter is 5 and has two step siblings with the potential of having a half sibling, expresses her want of a name change.
Rossacos 15/05/2016 at 9:57 am
Hi
I'm a dad of 3 and have been looking after our kids for the last 5 years doing everything for the kids and all cleaning and running the home so my wife could have her job which she loves, as she gets to travel and make over 80,000 a year
Now she has said to me she has meet someone and dose not want me anymore so wants a divorce
How do I stand I still want the kids as she leaves for work at 7 and gets home 19:30-20:00 sometimes later
I said I'd have the kids Monday to Friday and she can have every weekend with them , we got the house in her name as she was the bread winner we have been together 13 years married 7 year the kids are 13, 4 and a half and 16 mouths
After the last two kids she went back to work 6 weeks after having them leaving me to do the lot
How do I stand with the house and the kids and what can I get off her so I can look after our kids
Any help please
ChildSupportLaws Editor 12/05/2016 at 9:55 am
I think this is something you would have to sort out between you and your ex (if you are on reasonable terms with him) or via mediation if you are not. As your son is older he will have more autonomy, which will invariably increase the older he gets. So rather than taking it through an official process, it may be better that you and your ex work together to set out the ground rules between you.
Clare 11/05/2016 at 5:18 am
Hi, husband and I have been separated for 6 months. He has always seen our sons aged 14 & 15 but not overnight until recently. I have no objections to this. However our 15 year old is playing us off against each other by not sticking to the original days we agreed, 3 with his dad and 4 with me. He will pick and choose when he stays over depending on how he feels. If I have asked him to tidy his room or help with chores he will just ring his dad and leave. Can I legally enforce set days without his dad's agreement. He is of the opininion he can stay at his house whenever he chooses with no notice at all being given to me. Thank you.
ChildSupportLaws Editor 10/05/2016 at 11:59 am
I am sorry to hear this. As a rule you may be able to apply for an interim contact order which will allow you to have contact with your children until a full court hearing resolves the matter one way or another. What you will have to do is remind the court at a directions hearing of the length of time before the full hearing will occur. This can often be six months or longer, and it should be specified that this can be detrimental to your relationship with your children. In most instances, the court will allow some limited contact between you and your children, although it’s unlikely to be staying contact (allowing the children to stay overnight with you) if your ex objects. He might also demand supervised contact, and the court will generally accede. Prior to the hearing you should inform both the opposing solicitor and the court itself that your side will ask for interim contact and be asking for oral evidence. This will avoid any adjournment. If your children have previously lived with you before you were denied access this will help your case. I hope this helps.
mand 09/05/2016 at 4:36 pm
Hello , please can anyone advise me . I am currently going through a very difficult divorce and my ex partner is refusing contact after our children where originally living with me . He had contact and refused to bring our sons back . I have had to apply to the family courts and have been lasing with cafcass etc . I am unable to afford a solicitor and am having to self represent when attending court . My dv officer attends with me as my mckenzie friend . My question is what can I do or who can I speak to , in order to see my children ? This has and is soul destroying not being able to be a mum to my boys . Please if anyone can suggest anything I would be very thankful
ChildSupportLaws Editor 04/05/2016 at 11:40 am
Your ex as the father has the right to apply to the courts to see his son, if you will not agree to access, or cannot agree through mediation. Most courts will allow the father some level of access whether it be through a contact centre to overnight stays. Much depends on whether your ex was charged with violence. The courts will always act on what it thinks is in the best interests of your child. If it goes to court, before the hearing Cafcass will get involved. A Children and Family Reporter will compile a report. It’s their job to interview both parents in the case, as well as your child (if older), 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.
Sarah 03/05/2016 at 1:45 pm
Hi

My ex in the past has shown little interest in his son, only seeing him when he wants to. We no longer live together and suddenly he wants to be involved in his sons life, he is on the birth custody ate however has been Violent previously due to a bad temper. Where do I stand legally?
ChildSupportLaws Editor 25/04/2016 at 1:50 pm
He will have the option to take the matter to court as every parent is allowed the option to be able to see their child. If you don't agree to awarding him access in an out-of-court agreed arrangement, then he will have to option to take the matter to court. It will then be up to the court to decide whether to award access and what level the access will be.
Pippa 24/04/2016 at 10:20 pm
When I found out I was pregnant my baby's dad left me immediately & so I continued the remaining of my pregnancy alone. My little one is nearly a year old now and he has never seen him or even asked about him. My Ex's family are involved in baby's life (on occasions) when it suits. He isn't on my baby's birth certificate but he does pay maintenance after he requested a DNA test first. If my ex does decided now or even in the future that he wants a relationship with his son, where does he stand? Can he gain access?
ChildSupportLaws Editor 22/04/2016 at 12:53 pm
If they cannot agree between themselves, then your partner should suggest Mediation rather than taking the issue to court as a breach. A solicitor's letter may also work, reminding his ex of the obligations she has in respect to the court order.
Flick 21/04/2016 at 6:36 pm
Hi, me and my partner have a court order for access to his daughter including the right to life decisions such as schools. His ex is trying to get his daughter into a school miles away, as it's a school her new mother in law works at but he has said no, what are his rights in this as it is breaching a court order?
ChildSupportLaws Editor 14/04/2016 at 1:55 pm
It is very difficult for me to advise in general terms without knowing the full background to your case i.e whether your child is under foreign jurisdiction etc. Of course your ex is going say he has a chance as his solicitor is his client and is being paid to work on his behalf. In turn I can only suggest you seek advice from a UK-based international family law solicitor who will be able to advise fully. Half an hour or an hour of proper legal advice should help establish both yours and your ex's rights.
Dee ess 13/04/2016 at 7:21 pm
Thank you for your reply. He says that his attorney has told him that he can gain custody because he can financially provide for her better and he has a large house. He also says that he will use my history of Ptsd against me too. Is this correct?
ChildSupportLaws Editor 11/04/2016 at 11:20 am
He can take you to court. However, the it is highly unlikely he would stand a chance of gaining custody of your daughter. Plus, the costs of his taking this to an international court would be hefty, and he would possibly be advised against applying for custody as no court is going to decide to move a child across the world to a non-resident parent unless absolutely necessary. Please see REMO whichif you need to find out about reciprocal child maintenance orders.
Dee ess 10/04/2016 at 11:56 am
My daughter was born in February 2015 and her father is American citizen. Her father has never seen her in person despite me giving him every opportunity to do so. He has only sent 1 payment for her and bought one set of clothes for her since she was born. He does not make contact to ask how she is. I regularly send him photos of her but he never asks for them. He has seen her on Skype but this has always been initiated by me, not him. He has said he is going to send regular payments for her but he never does and always has an excuse not to. Now I have told him that I will be filing a claim for child support but now he is saying that he is going to take me to court for custody due to the fact that I have a history of ptsd. Can he do this?
ChildSupportLaws Editor 01/04/2016 at 2:56 pm
I am sorry to hear this. 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 children, 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. The interim contact order allows you to have contact with your children until a full court hearing resolves the matter one way or another. I hope this helps.
Elaine 28/03/2016 at 2:53 pm
Hi my ex refusing me seeing my kids where do I stand
Flower 27/03/2016 at 6:15 pm
A woman I know isn't a NZ resident aged 25 has 3 children to a man 64yrs olds who fiscally abused her. He collects the Solo parenting benifit and says she lives 2 doors down. He holds her passport and children's birth certificates and is made to sleep on the floor. She is petrified and scared he will or his family will get her children if she tries to leave him. What can I do?
ChildSupportLaws Editor 23/03/2016 at 10:42 am
It depends on whether there is a specific reason why the children were removed from the parents and should not live with them. It is always advisable to take the matter back to court for a variation, it means there can be no misunderstandings then.
Sweet 22/03/2016 at 1:07 pm
My sister has a resident order for my niece and nefu that are under 16 and they want to go back to there mother does it have to go court? Or can we deal with it, in the family??
ChildSupportLaws Editor 18/03/2016 at 12:10 pm
You can apply for a Specific Issue Order if you can give good reason why this should not take place. However, if the children are living with your ex, regardles of the residency order, then the court may side with her. Please see link:
Unknown 17/03/2016 at 3:37 pm
Father- I have residency of my 2 little girls but my ex recently has been threatening to take them away, put them in a school closer to her as she's demanding money I've not been instructed to give her as 'taxis' (most the time she finds lifts) cost her to much to pick up twice and drop of once a week to the school I've chose. Can she change schools without my permission because I have residency? Yes she has PR but the judge didn't see her as the best parent for my girls to go to at thatnpoint in time
Bianca-Nicolle 12/03/2016 at 4:01 pm
I have full custody of the children, both children are British and Canadian, plan to move back to Canada, of course have to tell their father that we will move for better future of the children, the father does not allow me to take them, as he wants them instead, if I decide to move, I was only here because of the marriage of which fell apart almost 6 years ago, just recently divorce, what one must do? Wanted to do this all in good terms not through the court of which will take time and money.
Concerned mum 24/02/2016 at 4:22 pm
Please can someone give me some advice. I am going through a very messy divorce right now and my ex is threatening taking me to court to get a shared living arrangement whereby our child would live with me one week and him the next. This would be immensely disruptive for my child and make things like childcare so difficult. I already support regular access (weds evenings, Thursday's over night and every other weekend) as well as as much contact with him as he would want. Could a court force this to happen?
ChildSupportLaws Editor 23/02/2016 at 12:17 pm
If your son is the biological father, then he will have the priority regarding access of his son over the stepfather who is not biologically related, regardless of him being named on the birth certificate. I hope this answers your question.
candles 22/02/2016 at 5:55 pm
my story is complex, my son has been paying the mother of his child every month since he was born to date, she let him see his son a few times, then all of a sudden it stopped, he applied through the courts to see him, she only turned up twice then she said he wasnt his dad, so we paid for a dna test which proved he was the father, she still wouldnt let him see him, unbeknown to us, she was also getting csa from another guy who is on his birth certificate as his father, apparently they split up quite a while ago, but, the step dad only found out about the dna in court last week (when we found out about him) and he now is wanting for my grandson to live with him, papers have been served on my son of a child arrangement order, what can we do? thanking you in advance
ChildSupportLaws Editor 19/02/2016 at 2:53 pm
If the father is in receipt of the benefits, then he is usually considered the primary carer. If your sister has Parental Responsibility, then she is entitled to keep her child, but so its the father too (if he has PR) and the case would either have to be resolved by Mediation or through the courts. Your sister would have to apply for a child arrangement order which will decide where and with whom her daughter should live, I hope this helps.
Georgie 19/02/2016 at 12:13 am
I am trying to give advice to my sister who's had a daughter with a man she didn't marry. They currently have her 50/50 but now and it's not been a problem "as such" but now she is reaching school Age and they live an hour and a half away from each other the debate has started about what school she will be enrolled in and where she will be living Monday-Friday. - the father receives the tax credits and child benefit for her and has gone on and enrolled her in a school next to him - my sister wants her daughter Monday- Friday and to enrol her in her hometown. Who has the overall say? Does it make a difference that he receives the money for her, and where does my sister stand with receiving the money and having her for main day to day Monday - Friday? Their is no compromising with the father he doesn't want his daughter "just weekends" he also wants her in the main... I can see this getting messy as my sister has said she will just take her back fully and take him to court is this the answer? Does the mother have the right to just take her baby like I said they are not married but he is on the birth certificate ...?
EJW 23/01/2016 at 6:27 pm
I separated from the father of my daughters over 5 years ago, prior to my youngest being born. They have always lived with me and I have never refused him access, he lives in London and we live in Cumbria. He has been seeing them 3 out of 4 weekends. However after discussions with the girls I have changed this to every other weekend. There are a few reasons behind this.
A. Myself and my husband dont get very much "social time" with the girls, we seem to do all the school runs and the "hard work" and he flits in at a weekend and takes them out to do fun things. Plus our weekend wasnt always falling on when we were off (Im a nurse and my husband is a police officer)
B. The girls are not having the opportunity to socialise with their friends as he is taking them out of the area.
C. We are about to have another baby, and I dont want the girls feeling "pushed out" of the family ie "you go to your dads and let us have our little family without you"
D. My side of the family dont have any time with the girls because they spend all their spare time with him.
E. My eldest said shes bored when shes there and doesnt want to go anymore, but shes only 8.
I have put these points to him, and well I got a solicitors letter saying hes not happy and if I dont go back to the original agreement he will take me to court.
I dont think Im being unreasonable, and his letter highlights the fact that he has to travel to see them, well he's not from London, he chooses to live there.
It also states that he does all the travelling at his expense, well we used to help out by meeting half way, then he got a discount on his CSA for travel, so why should we be spending our money travelling for him?
Hes told his solicitor I recently moved to Cumbria, what is seen as recent in the laws eyes, we have been here two years, and it took him 9 months to contact the school to see how they were getting on, so the solicitor telling me that he should have a say in where they live, go to school and which GP they see, if he had an issue should he not have bought this up with me 2 years ago? Not when they are settled and doing very well?
If this does go to court (as I have chosen to ignore this letter) would I be seen as being unreasonable?
ChildSupportLaws Editor 20/01/2016 at 12:59 pm
If your ex is denying you access, then you would have to take it through the courts. 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 children, 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. Don't forget to keep all your text messages of him promising contact also. 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 children until a full court hearing resolves the matter one way or another. In most instances, the court will allow some limited contact between you and your children in the interim. I hope this helps.
xfarawayx 19/01/2016 at 5:36 pm
hi posted here awhile ago about my 2 sons and my ex wish I never got back in touch with him since he gave me his mobile number online all he s done is putting me down for over 2 weeks made me believe I could have contact via mobile he said I could talk with them meet up organised it for last Monday would let me know if the boys had day off work never heard anything again am deverstated heart broken my 2 sons thing I don't care he never pasted my messages onto them let know I love them he played a cruel game with me shouldn't be allowed to treat me like this I hate him and what hes done to me I will walk from Liverpool to Manchester to find them I have to as I love my sons and he is going to ruin my chances....
Scotty 14/01/2016 at 7:45 pm
I've already been to court for access for my son. The courts ruled that I should have him every other weekend and in school holidays. It went well for about a year and then she stopped me from seeing him again. I want to take her back to court but can not afford it to regain my contact back. Since contact has stopped I've been told that I only have a limited time to live so I would want to spend as much time with him as I can. What advice can you give me
ChildSupportLaws Editor 14/01/2016 at 12:08 pm
Usually you will be offered Mediation in the first instance, in order to ensure couples can come to a mutual agreement and to prevent the costly and time-consuming process of going to court. This means you can work to a decision regarding access terms between you. If you refused Mediation, then court is the subsequent next step.
gem 13/01/2016 at 5:44 pm
I am required to attend a hearing as my ex has told a judge he has no contact with our son; however he does 3 times a week. I ask every day what contact he wants and he refuses to talk to me. His solicitor won't tell me what arrangements he wants. I'm angry because he's lied and has been believed now I have to go through the process. Can I stop this from going to court?
ChildSupportLaws Editor 12/01/2016 at 1:50 pm
I'm afraid we cannot speculate what a court may decide. However, Cafcass will get involved and you and your ex will be able to relate your side of the disagreement. Please see link: What Goes into the Cafcass Family Report? here. I hope this helps.
Kasee 12/01/2016 at 12:16 am
Divorced from my ex 10yrs ago. He has refused any arrangement to access children who live with me. I work 3 jobs to support the family as he's lied to cms that he is jobless. Said to him to tell me a week before coming to see the kinds but he won't rings me about 11 to say he's on his way .... so the last few times (3) I went to work now he has written to court that am denying him access and not availing the kinds when he wants to see them. I said ok find a childminder of your choice and pay them if I have to work will leave the kinds there for you ...no reply to that...what are my chances in court......
ric 09/01/2016 at 6:14 pm
My ex is leaving the country without my children for almost one month and leaving my children with their grandma whilst she is gone. I have my children every two weeks for four days and on holiday times for two weeks straight. Do I have a right to insist the children stay with me whilst she's away. As I feel they should have at least one of their parents looking after them whilst she's on the other side of the world. Thr trip she is taking is her own personal holiday to meet her boyfriend she met online.
Loumusicka 08/01/2016 at 6:16 pm
Ive been split from my ex for just over 3 years. We have 3 children together. I've recently gone back to work and have got my childminders. They are husband and wife and have been childminding 10 & 20 years. They have all the checks and have achieved "outstanding" ofsted. They are lovely lovely people. The kids are happy too. My ex is trying to tell me I'm not to allow our children there until he has met them. If Ido he will go to the police and report them! Can he do this or am I within my rights to still send them there? Thanks
ChildSupportLaws Editor 05/01/2016 at 12:24 pm
While you are in effect breaching the court order by changing the times of the order, this is out of your control as your circumstances have changed. Therefore, if your ex refuses to change the times of your court order, or attend mediation in order to come to a different agreement, then you may have to apply for a variation to the order through the courts. Frustrating, I know, but if your ex wont agree, this is your only option.
Col71 04/01/2016 at 10:28 pm
Hi,
I have a child arrangement order after taking my ex to court when she refused access. I work a shift plan which was agreed at court 6 months ago however my shifts have now changed and my ex partner has refused to accept my proposal for the new Rota which is nearly the same as the old one. I've tried to resolve the matter with her without luck, could you plse advise what my next course of action will be regarding the courts?
Thanks
ChildSupportLaws Editor 23/12/2015 at 12:48 pm
You could apply for a Prohibited Steps Order through the courts. 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 23/12/2015 at 11:56 am
I am sorry to hear this. I'm afraid there is little that can be done before Xmas. You would need to apply through the courts for access and you will also need a C4 form, which is an application for an order for disclosure of a child's whereabouts. Your ex should have asked your permission to move away from the area with your children and you would need to seek some legal advice regarding your options.
Ann 23/12/2015 at 6:40 am
I have 2 kids..Ive been separated from my live in partner for almost 2yrs now.because he's aggressive.the matter is Im working abroad now for my family and I will.stay here for a year.Im afraid he take my kids away.from.me..what should I do.
Plss help
xfarawayx 22/12/2015 at 9:05 pm
hi I was with my ex partner for over 20yrs and throught the years I put up with a lot of violent abuse couldn't handle it anymore i left him 5 years ago in no state of mind i couldn't take our 2 sons made myself homeless ive tried sooo hard to get contact with my boys and hes making hard for me now i find out hes moved away is he allowed to do this?? i don't know where hes gone am in disappear as its coming upto Christmas cant send them cards am heartbroken need some help please :(((((((((((((((
ChildSupportLaws Editor 22/12/2015 at 10:10 am
I'm afraid your child cannot take a father to court for child maintenance. You don't say why your ex has not had to pay and what has made it difficult for the CSA to take payments. However, if you feel you have been unfairly treated you can complain, I hope this helps.
kaz 21/12/2015 at 1:17 am
myself and my ex split up in 2008 ive taken him to csa for maintenance and to this day still havnt recived any payments now my youngest who is 17 is asking if she can take him to court herself for non payment ????? advice please as i dont know if she would be charged by a solicitor or if the ex would be charged or i would be ??? i cant afford to pay a solicitor help and advice needed please
queeny 25/10/2015 at 5:25 pm
Hi i am currently going through a breakup and he has moved 400 miles away we have a 4 year old daughter and he wants to take her to hos gor visits im not appy with this as there has been one occasion she went there with him he got arrested and she was stuck with his mum 400 miles away with nothing i could do its a 7 hour drive and i dont drive also we broke up as he was being controlling on drugs and locked his self in my house with my children 2 whom dont belong to him i said he can see her whenever he wants but in wakes not scotland now hes threatening to take me to court to get access to take her to scotland . Will the courts allow this x
ChildSupportLaws Editor 05/10/2015 at 12:34 pm
I'm afraid I cannot really advise if your children are in care and Social Services have become involved. Regardless of whether your ex has paid maintenance or not, he is still entitled to access to his children, as access is not dependent upon whether he can (or does) financially support them or not. If you do not wish for your ex to see your children, then you would have to apply through the courts for a Specific Issue Order. Much like the name suggests, 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, such as preventing someone from having contact with your child.
However, please bear in mind, there is no guarantee that the court will rule in your favour.
maz 04/10/2015 at 6:14 pm
I have 5 children who are now in care. I was diagnosed ptsd .I have 4 children with one guy and my daughter with another. The father of my 4 children did not want his name on the birth certificates and it states 'unknown' . He has never payed maintenance either. Social services have alowed him to have access to my children plus have steed he has to see my daughter that is not his... He has no parental rights how can social services justify this.... can ANYONE tell me what MY rights are regarding this..
Winnie 02/10/2015 at 12:54 pm
Hi, I have a son who will be 11 years in December 2015. My ex wife & I both have parental responsibility and we have a joint parenting arrangement, where my son stays with me on Tuesdays and Thursdays, plus alternate Fridays, Saturdays & Sundays.
I pay maintenance every month.
My ex wife is now saying she will be moving away to somewhere about 2 hours away and will be taking my son.
Can you please advise me if I have any say in this proposed move?
Thank you.
jj 19/07/2015 at 7:53 pm
i recently split from his girlfriend and have 2 young sons. I have been paying maintenance and been having kids every weekend. I asked her if we could make it every other weekend but she flipped and is now refusing me access and came to my house and took my sons back. what can I do as need help
Jen 13/07/2015 at 4:56 pm
Me and My boyfriend split up 2 years ago....he's had regular contact with our son every weekend from the age of 6 months up until 2 months ago when he was arrested and I had to go and collect our son from his next door neighbour! He was arrested for something serious so in light of this situation I sort advice from social services who help me to come to the decision that the contact he was having should be cut to every other weekend....friday night till Sunday tea time......his dad was happy with this but wanted an extra Saturday with our son and an evening once a week to take him out for tea.....I agreed to this but then thought about it and decided that an extra Saturday a month was too much as work full time and work weekends so my free time with our son is limited too.....he isn't happy that I won't allow him to have him an extra Saturday.....he's also unhappy that I have moved in and bought a house with my new boyfriend and is seeking advice about residency and his access. I have been nothing but fair with him and our break up was very difficult as he was very controlling and is still trying his hardest to control everything two years on.....we do not communicate very well and I am puzzled as to what his next moves will be regarding his access and residency of our son?
drama&kids123 08/07/2015 at 3:09 pm
Hi,

Children live with the mother 40 minutes drive away. Mother is the primary carer and I have the kids every other weekend (Friday-Sunday). The mother wishes to take children 13 & 15 to live 2.5 hours drive away to punish father (very jealous and bitter, despite her being the one that cheated!). She also wishes to reduce the level of contact between father and children.

Is the mother permitted to do this? Will she be required by law to drop the kids off on the Friday night and pick them up on the Sunday night if she moved so far away? Or would she be required to cover the costs of extra fuel to collect and return the kids? Can she be stopped with a court order?

Thanks.
kt 23/06/2015 at 12:17 am
I'm in middle of a divorce. I have not been working since my first child was born. I got a property under my and my partner ( husband) name where we live now. As I'm not working and if i leave the kids with their father until I get myself sorted ( until I find a job) and once that's sorted, do I have a chance to get my kids back to live with me. If I leave them with their father then does he have more right over them then me. I really don't want to loose my kids please let me know what is the best thing to do.
Abi Editor 19/06/2015 at 1:01 pm
@baby - your daughter has to be around the age of 11, then she is allowed to voice her own opinion.
baby 17/06/2015 at 1:58 pm
my x partner and i were at court lasy year he gave me a time table so i had to agree wae him as i dont work hes sees his daughter 1 and half days a week thats wat he wanted but the other week his sister in law tryed to attack me in front of my daughter and he sat in the car and done nothing .then he never showed up for his daughter this week and every time he comes up hes got someone in the car way him. am just wondering wat age can the child decide if she dosnt want to go wae him any help i can get would be great
Mumsy1 15/06/2015 at 10:03 pm
I walked out on my daughter in 2011 and have not had any contact with her since then. I have always sent birthday and Christmas presents. I have tried to contact her father (who has residency of her) to ask how she is/ if I can see/speak to her and he's completely ignored me and deliberately kept me from seeing her. I have also tried mediation to which he did not show up. It is due to go to court - what are the chances of me winning full residency of my daughter (I have kept the messages I sent her father as proof I have attempted to ask about our daughter) she is 9 years old now and I haven't seen her since she was 5. I also should add that I live in Sheffield now and my daughter is still in Eastbourne with her father. Also when mediation attempted to call his home number they were told that nobody by that name lived there but I have proof they are still living at the same address. Also he stopped my mum from seeing her and she took it to court. If I win full residency will his court orders then become void or will I still have to only allow my mum to see her when they say? Thanks in advance for any replies.
ChildSupportLaws Editor 15/06/2015 at 2:47 pm
@Tildasmum - you will be in breach iof the court order and if you stop contact, he may apply back to the courts to have the order enforced. However, Cafcass wil invariably get involved, and if she is fearful and doesn't want to see her father, given she is now 12, she will be allowed to have her say in respect of the compiling of the report. The court will then take her views on board and decide what they think is in your daughter's best interests. I hope this helps.
Tildasmum 12/06/2015 at 11:51 pm
My daughter recently reconnected with dad, due to a court order he brought about. We left him due to his violent temper 11 years ago, my daughter is twelve. I allowed contact as my daughter was keen and I was powerless in court as his past acts towards me were deemed 'historic'. My daughter has seen him for a few months and is now genuinely fearful of him, he has never hit her, but is quite aggressive if she doesn't conform and when they have had a falling out he follows her, in the car and on foot. He's also made many promises to her, gymnastics lessons, ballet lessons, clothing etc which he hasn't made good on. She no longer wants to see him, am I breaking the court order allowing her to ignore him?
ChildSupportLaws Editor 10/06/2015 at 10:52 am
@dad25 - I suppose being self-employed your ex seems to think you have flexible time to spare, which is understandable, as despite flexible working legislation, some people feel they don't want to push their employers too far, especially if they may be in a probationary period. However, if your ex refuses to negotiate and refuses mediation, then you could take the official route which means finances and arrangements are fixed. With regards to child support, the options open would be to pay the correct maintenance - you can get a correct estimate via the CMS calculator here. Also, if you are paying support through CSA/CMS, you may also be eligible for a special expenses variation, which takes into account travel, Should you want to take access arrangements through court you can self-litigate, see link How to Represent Yourself in Court whichA lot of fathers are doing this and having good success, if their case is researched and prepared properly. Of course, it is much better if parents are able to negiotiate fairly between them, rather than things becoming antagonistic and arrangements do have to be about compromise, it just depends how far you are willing to go. I hope this helps.
ChildSupportLaws Editor 04/06/2015 at 10:29 am
@Daddy1 - yes, you can claim 'contact costs' under 'special expenses variation' if your maintenance is being paid through the CSA/CMS. 'Contact costs are counted even if you pay less maintenance because you have shared care of the qualifying child. These costs can include fuel, train or bus fares and overnight accommodation if a return journey in the same day isn’t practical.' Please see the CAB whichI hope this helps.
Daddy1 02/06/2015 at 9:13 am
My ex wife has moved away to the army with my son to live with here new husband, I make the 300 mile round trip to have access every few weekends at my expense I also pay £50 maintanance every month, it's that low due to me being unable to work and on disability benifits.
I feel she should at least bring him to me occasionally.
She also expects me to buy him clothes for when he's with me. Is this fair?
ChildSupportLaws Editor 22/04/2015 at 2:52 pm
@Dad1 - if you wanted to make the arrangements official, and/or your ex will not agree with your suggestions, you have three options; you can either continue with an informal arrangement and be prepared for her always dictating when you can see them. You can suggest you both attend mediation as you think you deserve more time with them. Or you would really have to take it to court and let the court decide what your arrangements should be. I can't say that it will rule in your favour, because it depends a lot on how your ex reacts. However, at least if it rules in your favour then if she goes against it, she will be breaching the court order. You may find our Separated Dads Facebook page useful, as there are many dads going through the same issues and if you scroll down the page, you should find a comment and replies applicable to you. Having been through it before, our followers can give some very good suggestions on the best way forward in this sort of situation. I hope this helps.
Dad1 21/04/2015 at 10:11 am
Hi my wife told me she wanted a separation back at end of August just because she said she had fell out of love and there was no point in trying. We have 3 children and she was threatening to take them from the family home if I stayed, so I moved into a shared house in the hope she would change her mind. 2 months later she moved out of the family home and into a rented house with her new boyfriend, the family home was sold and split 50/50 i was always a hands on dad and I was offered 1 evening a week and every other weekend which to me is not enough and I think not right for the kids. I have recently changed my job so that I'm not working a ridiculous shift pattern I now work 1 day on 2 days off but have been told I can not have kids stay over night during week because of it disrupting there school routine but I can still carry on with the routine it's just they would stay at mine am I being unreasonable? Also due to new job I'm on less money so I did the on line calculator for maintenance and pay what it says but also contribute to their clubs and things but she says this is not enough and I should pay more as I only have them overnight everyother weekend but like I said before I want them more than what I do have them, just wanted to know if I was being unreasonable by my request and if not what to do next. Thanks?
ChildSupportLaws Editor 17/04/2015 at 11:47 am
@mummy - did you ask for consent from you ex to move? As presumably he has parental responsibility and legally you would have needed his consent. You don't say how old your son is, but if he is over the age of 11, he may be asked his own opinion if Cafcass gets involved. If your ex takes you to court, because you can't decide between you, then it will be left up to the court to decide what is in the best interests for your son and who should make the trips (generally split down the middle). Obviously, not knowing both sides of the story and how Cafcass might view the arrangements, we couldn't possibly predict in whose favour this might go.
mummy 16/04/2015 at 9:19 pm
I split with my childs father 5 years a go and we agreed on every other week end visitation and agreed a maintenance amount. I moved 100 miles away nearer to supportive family and to put distance between us knowing that arguments in front of our son were not acceptable.

Over a year a go, my ex stopped paying regular maintenance and his life has gradually taken a downward spiral. He has been caught up in drug related socialising, used drugs himself, lost his job, lost his home, got himself in financial difficulties, stopped paying half the mortgage on a property we jointly own and left me to deal wit it all, stopped paying maintenance, got in to trouble with the police and moved back with his mother meaning he has no seperate room or bed for my son to stay. He admitted a break down and failed to have his son for a regular week end visit.

I fear he is not in a safe, stable or secure position to have my son over night and i have stopped him going, offering day access which he is refusing. I have tried to set up mediation but he says he will take me to court to fight for every week end access at my travel expense as i moved away.

My son does not want to go every week end and does not want to go whilst he is living with his mother.

What are his chances of gaining access every week end and of me being forced to drive 400 miles every week end at my own expense?
ChildSupportLaws Editor 14/04/2015 at 12:26 pm
@B - no, you do not have to reveal your address to your ex if you do not wish to. If for any reason you stop access to your child and he has parental responsibility and wants to regain access to your child, he can apply through the courts for an application for an order for disclosure of a child's whereabouts. This still does not mean your address needs to be revealed. But it will mean that he does have the right to serve the papers on you via the courts, in order to apply for the right to see his child. I hope this helps.
B 11/04/2015 at 9:17 am
Does a parent with equal responsibility (bad tempered father) have a right to the address of the other who is afraid?
ChildSupportLaws Editor 08/04/2015 at 11:23 am
@Justin - I'm afraid that whether you see the children or not is irrelevant in CSA cases. You legally have to pay to support them regardless.
Justin 05/04/2015 at 12:02 am
How much does a father pay CSA, if he does not see the children?
ChildSupportLaws Editor 31/03/2015 at 2:04 pm
@at - I am sorry to hear this. You really would have to take it to court and perhaps self-litigate with the help of a McKenzie friend who do not charge. I have included a guide to representing yourself in court here and you may also get a court order fee remission, I hope this helps.
at 29/03/2015 at 3:01 pm
I left my husband with my son as i had postnatel deprsion i now have him 3.5 days a week but my ex keeps changeing things saying he didnot say things this is now hurting my son what can i do to get him full time i have no spear money after my rent ext and my ex will not give me any. He get all the benefits help
ChildSupportLaws Editor 31/03/2015 at 10:26 am
@pop - I am very sorry to hear this tragic news. Do you know if your son and his wife left a will nominating a guardian? If so, this will be taken into consideration. If they haven't nominated a guardian then it will be up to the court to decide. It would mean close friends and family members can step forward to nominate themselves. Much would depend upon your own relationship with the child and involvement in his life. The court will determine who is best suited for the job based on what is in the best interest of the child through evidence collected and given throughout the hearing. I hope this helps.
pop 28/03/2015 at 4:02 pm
my son and his wife have died they have one child can I get rights for him.
ChildSupportLaws Editor 12/03/2015 at 10:56 am
@Desperate Mother - you say your ex has no parental rights, is he not named on the birth certificate? If this is the case then the police should be able to help and bring your son back to you. I also don't understand why the CSA have not followed this up as he should be supporting his children as it is not up to him whether or not he decides to pay. You don't say how long the CSA have been chasing him for money, but if you are unhappy with the service that the CSA is offering, you can complain whichI hope this helps.
Desperate Mother 10/03/2015 at 10:27 am
My ex partner and I split up almost 4 year ago, we have 3 children ages 12, 9 and 6. We had an arrangement in place that we both agreed to (without any court intervention) that I have (the mother of my children) custody of our children, and that my ex partner (their dad) saw the children over a weekend. The set up was he had them from Friday evening after school, until mid afternoon Sunday, when they were returned to me. My ex is being chased by the C.S.A. he refuses to pay any money for the children with the excuse that he doesn't want me to have to the money. That he will buy them anything they need when and if they want it. This is not acceptable as he still has to pay this money regardless. Obviously, me being the single parent and only working seven and a half hours a week, receiving job seekers allowance etc, I do not always, after buying food, providing them with their clothes etc, have a lot of money left. This doesn't cut any ice with the childrens father. When my children ask for money for school, especially my 12 year old son, I don't always have the money to give him, to a point, where he started stealing money from me. This was dealt with and his father was informed, in hope that he would also listen to his dad that stealing is not acceptable.
My ex then uses this against me and many other things I have spoken to him about, to a point where he has telephoned the Social Services twice, firstly reporting me saying that he believes I am neglecting the children, which when investigated was unfounded. Secondly, quite recently he reported me again to the Social Services, this time with the excuse that he believed my children were being neglected because they had nits. This again was unfounded (children do get nits) and he is now been added to their books as a Malicious Referral.
Now I'm really desperate, because my young son (12 year old) decided apparently that he no longer wants to live with me because he doesn't want to live with his younger sisters, he just up, left and went to his dads house. At this point I had no idea my son had gone to his dads, I thought he was at football at the after school club. I then received a telephone call from his dad saying that my son had turned up there. As you can imagine I was frantic and demanded my son to be returned home. Instead of his dad working with me on this, he decided that my son should stay there as he has to take into consideration what our son wants. I told him he must make him return home and that I would collect him from school the next day, only to be rang by the police saying I could not do this, that if my son wants to stay at his dads house he can. I haven't seen my son since, he has telephoned to say he would come, but each arrangement he has made he as telephoned to say he can't come for one reason or another.This all happened last week and I am beside myself. I need to know what my rights are as his mother and his legal guardian. My ex doesn't have any parental rights
ChildSupportLaws Editor 05/03/2015 at 11:57 am
@aliki - I'm going to direct you to one of our partner sites which should answer your question, called, Naming Children's Guardians in Your Will, whichI hope this helps.
aliki 04/03/2015 at 9:51 pm
Hi. My 5 year old son is pernamently under my care. He doesn't see his,dad at all as dad is not interested. My son's,dad took me court some time ago claiming I didn't let him see his child (that wasn't true). Court decided not to give any order as father wasn't committed to have regular contact with his Child. My son doesn't even remember his father as he meet him few times,only. We were never married. The worry I got is that I don't know what rights his father got over my son. What happened if something happened to me. Is,my family( my mum) have any rights over my son. Do I have to go to court to do smth about this situation. Also my son got only polish passport his dad become brutish some time ago and I would like my son to have British passport too. I don't really know how to start This process. My exs name is on birth certificate. Pls what is the best way to protect stability and safety of my child.
Bella Editor 02/03/2015 at 10:57 am
@Charlie - Have you asked your son and daughter where they would like to live? Your daughter is entitled to make up her own mind and now your son is 14, he will be entitled to have his opinion too. So, if they are in agreement with wanting to live with you, then it is perhaps best to take it back to the courts if you want this to be made official.
Charlie 26/02/2015 at 4:18 pm
After a divorce 6 years ago a court order was agreed with the children, now 14 and 16, to live with their mother in a new house 5 minutes away. I have them to 2.5 days a week without fail and have paid the full designated maintenance every month without fail. Now the kids are older and both parents are working I'd like joint custody as I feel I'm almost paying for them not to be here with me, whilst paying my ex's mortgage, who now has a partner living at the house. Whilst this is partly about money it's also an important time in my son's (14) life who I think needs a little more direction, structure etc.
Sean Editor 27/02/2015 at 1:52 pm
@Chappo - I think should you wish to have her overnight that you would have to apply through the courts if your ex is not in agreement. You will probably be asked to attend mediation first in order that things can be sorted out between you. It's whether you want to rock the boat or not, or stick with thigs as they are and perhaps when she is a bit older your ex may change her mind. It might also be worth asking her straight out why she doesn't want you to have her over and whether she can justify her reasons.
Chappo 25/02/2015 at 7:18 pm
Hi I see my daughter for a hour and half Wednesday and pick her up from school every Friday and keep her until my ex comes home at six and pick her up at 8 15 Saturday morning as she will not allow her to stay with me but does not mind her coming all day she said it is because my daughter does not sleep on her own that's why she can't stay but she lets my daughter stay at her grandads and other family members overnight we have been split 13 months now and I have been with my new partner 10 month and lived with her for 5months and my daughter has been coming round here for 3 months
lilian 04/02/2015 at 11:48 pm
Hi I have full custody of my daughter of 5 years old legally by court order,can I still ask my ex to give me permission to travel to Paris with my daughter for her 5 year birthday surprise?Please I really need a clear understanding on this,thank you.
Lee Editor 03/02/2015 at 3:15 pm
@loosey - if you have parental responsibility then your daughter can stay with you if you don't wish to take her back. Your ex would have to take it to court - but it could make things much worse if you take this approach and may end up with the police being involved. It would be better if you sat down with her and talked it though or requested mediation. Or perhaps you could begin by having your daughter a couple more nights than usual. Has your daughter broached it to her mum and if so what did she say? It seems to me that you'll have to tread carefully here, but it would be much better if you could agree mutually and for it to seem like your daughter shouldn't have to choose.
loosey 02/02/2015 at 3:02 pm
My wife and I split last May. we have two kids aged ten and six. My wife moved to another town twenty miles away and moved the children's schools also. She did this without my permission but as she had accused me of assaulting her to the police I could not prevent this from happening. However this issue is now resolved and as I have seen my children fairly regularly i have had no issues until recently when my ten year old daughter has requested that she wants to come and live with me and return to her old school. she says her house is not nice (damp) and her mum constantly goes out leaving her being babysat by her older brother. She broke down last weekend begging me not to take her back and it broke my heart to do so. what are my rights as an extremely concerned father??
chamb7914 23/01/2015 at 4:23 am
My ex has said she doesn't want my daughter to live with her any more. My daughter is 8 and I would love her to live with me. I am in abu dhabi with my new wife who is very supportive of my daughters pending arrival. What do I have to do to prevent my ex allowing my daughter to come one day then changing her mind the next and screaming kidnap. Basically how do I become the legal resident parent? Many thanks in advance.
tasha 11/01/2015 at 12:03 pm
My husband is the father of our 2 children, we spilt yesterday, and they want to stay with me. I have managed to get back in our private rented house with the girls, he left yesterday and on the same day he asked if he could pick the girls up tomoro, so my daughter can have her b day party at nannies. Nannie and bampi have only just come back into their lives as i called them, otherwise their son would be homeless, i didnt want that, my husbands family were cut off through my husbands own choice, now their all playing happily family and suddenly everythings my fault. I dont want to let the girls go yet til i know that i have the main rights of my children, as im scared they will all decide to keep my children there with them, my husband and i were threatened twice by his mother when we were together, that she would try and take the children from us, i will not stop him or his family seeing the children once i get a court order, i just dont want my children whisked from under my feet, can they do that to me?
Feefee 08/01/2015 at 12:30 pm
Just reread that. Its not about money but i don't want to move again but if they stop my rent ill have to once more. And to a smaller place where there'd be no room for the children.
All i want is my kids back. And im happy (and welcome it) for them to spend time with him.
He's just hellbent on getting at me
Feefee
Feefee 08/01/2015 at 12:24 pm
Hi. I am a lady who has separated from my 5 and 9 year olds' father for 2 years. I am on benefits and he has a decorating firm and does well financially. Since i met my new boyfriend who works and stays with me half the week he's trying to destroy me.
The father and i shared the upbringing of our daughters with me having them the majority of the time.
Due to circumstances beyond my control I have had to move several times so for the sake of the children and he's had them stay with him more of late. We agreed this is because he has a car and can drive them to school before work and pick them up easier than me making the two bus, hour and a half journey each way twice a day.
I could have moved them to school locally but thought they had had enough upheaval with me so agreed till i was settled.
He asked for parental responsibility and i had no problem granting it as ive never been obstructive and he said "he may need to take them to the doctor or hospital or something".
Now, im settled and wish to return to our previous agreement he's insisting they will remain majority with him - knowing full well that this means i wont get the child benefit and which will mean im no longer entitled to any rent for a room for the kids as they "live with him".
I dont know which way to turn. I dont want them to stop seeing them but i want our equilibrium back. Can he effectively hijack the kids? Have i any rights? Who can i turn to without social services getting involved as i dont want to stress the kids at all.
Can I get courts to get my kids back for me?
Im at the end of my tether with all his manipulation.
Any help gratefully accepted
Feefee
Lilyson 06/01/2015 at 5:43 pm
My ex has just stopped me seeing my 6 year old twins. After 5 years of seeing them at weekends she says now I can only have them once a month. Is this legal. Is there anything I can do
Andy Editor 04/11/2014 at 11:49 am
@Lloyd - if you are on good terms, have you sat down and discussed this with your ex? Is it something that might benefit from mediation? If your son says he is unhappy then it is something that would be better voiced and worked around for the benefit of the child jointly, rather than going straight for a court order. But, tread carefully, given that she is the main carer, it could lead to your ex thinking you are trying to destroy her relationship with the child and that could backfire on you and she could limit access. Also, sometimes children say they are unhappy in order to please the other parent because they are unhappy about the separation from them, so that is another area to tread carefully in. The most important thing is to maintain close contact with your child and work towards building a healthy and happy relationship.
lloyd 03/11/2014 at 4:14 pm
Please can anyone advise me what to do i have an 8 year old son with my wife we split 5 years ago and my son is very unhappy and doesn't want to stay with her i need to know what i can do to have him live with me she wants me to take him as she can not control him so what do i need to do get full custody of him we have a court order to say she has residency of him and i visits every other week but this has become every week
John 07/09/2014 at 3:37 pm
Hi,
We are about to be separated and I would like to have a 50% custody over my children.We both work and share same time with the children on day to day bases. Is there any reason why this should not be granted?
Thanks
Rebecca 22/08/2014 at 9:26 pm
I have custody of my 5 year old, but yet when I want to change when she goes to school that she does not go to her fathers during the week he starts yelling at me and keeps saying that he will take me to court. He still dictates to me when he wants to see her can he do that? He sign custody to me in the divorce.
Lulu 20/08/2014 at 9:38 am
I wasn't with the father of my daughter very long, but he wanted to have a relationship with her, when she was both he came to my house to see her, then started making excuses, hangover, work ect, I started letting him take her out, she came back smelling of smoke and scratch marks on her at (3months old) when I argued with him about it he chose not to see her! 4months later, he got back in touch asking to see her! I agreed, but only if I was there to, he was only seeing her once a week for an hour or so, then he ask to take her to his mates, I said no for the fact his daughter still hadn't build a good trustworthy relationship, he then said he could see her because he had his head down the toilet, I wasn't happy, another argument, he chose not to see her again! It has been 6months now and he wants to see her again! Saying he wasn't in a good place on drugs, lost his house, job ect, I believe he has had all his chances now! Don't think it's right coming in and out of her live when it suits him! Just want out daughter to decide when she is old enough, could he still be able to come into her life if he took me to court, I am a single parent haven't had a penny from him and work 16hours, would I get legel aid if this happens
Insie 10/07/2014 at 1:43 pm
Hi I have be seperated from my wife since Feb 2014 have had shared access with my
three children she is pregnant wth her new partner and has informed me that she is moveing away to live and that I can only see them every other weekend any the children do not want to move schools and I dont know anything about this other man any advice
flo 05/07/2014 at 4:53 pm
Hi my great grandson 2was taken by his dad as he got a court order on the sly he had kept calling police when they arqued and his mother called social services they said he should stay at his dads mums with him we think they have friends in social services another baby duee any time he says they are paying his court fees and finding him a place to live he agreed yesterday in court with layers presant he would let her see her son today and then today said she couldn't this is mental crualty but social services have not listened to her and neighbours have heard him winding her up her mum broke having to pay for a solicitor for her what can they do she as never hurt her son and he is a drug user and she as seen him looking at little girls dressed as beauty queens and releaving himself I am worried sick
Curlysue 26/05/2014 at 12:19 am
Hi, i have a 4month old baby, i split from the father before i found out i was pregnant, we stayed amicable, then his mother got involved over DNA testing.. There was a huge falliut and i decided i didnt need the stress and hassle from them so went it alone.. After i gave birth his mother started hassling me again but i heard nothing from the father.. At about 5wks old out of guilt for my child i decided to let the mother see him.. Then the babys dad turned up.. So from then he started to get involved which i didnt mind.. Weeks later and my baby is 18wks old.. And they r demanding i let his dad take him for overnight stays, but i said no as i didnt feel ready, and was uncomfortable with the fact that really i hardly knew these people plus they live over an hour away... Once again his mother pokes her nose in and cause yet another huge bustup.. And now i have really had enough.. I made soo muvh effort and from now on refuse to. I have never pnce refused them acess to my son since they got reinvolved.. They r welcome to visit him at my home.. But if they decided to try and take me to court.. What would the situation be.. As its not like im refusing them to see my son? Thanks
jc 29/03/2014 at 10:47 am
Hi,,I am desperate for advice on how to see and have contact with my two sons one is only three months old. I split up from there mother three weeks ago and she refuses to let me see them,she is hostile towards me. I have tried phoning and texting and have visited the address where they are but she won't let me see them..please advise me with the next step.jc
James555 25/11/2013 at 10:00 pm
Hi,

My wife and I have been separated since June 2013 (5 Months), we have 4 children. Since June she has refused to allow me free contact/access to the children. Please how could I arrange a legal and uninterrupted contact. Secondly, I will like to have full custody of 2 out of 4 of my children, to enable me share the full burdens and joy of fatherhood. Please I would like to know the criteria.

Kind regards,

James
HB 23/10/2013 at 9:40 pm
My partner is a non resident father living overseas. His ex wife is always asking for more money and has recently emailed to say that she is having a certifiable nervous breakdown and is being admitted to the hospital for care. She has given the childrens' father the ultimatum of either leaving his work and living in the childrens' home or putting them into care? Does the law allow for this, especially since the father has repeatedly asked her to consider sending the boys overseas for a time while she is attending to her health. Will child services accept the children into care, even though there is a willing and able parent, albeit living overseas, who has shared custody?
Ruby 20/10/2013 at 10:30 pm
I split with the father of my child when I was 8 months pregnant.(He asked me to move out) He has tried to get me back several times and I don't want. My son, now 3 yrs old, (the dad made me have a DNA test as he did not believe the child was his.) The father has been to see him only a few times over the past 3 yrs. He wants access to be in my home but I wont have him coming here anymore because of his aggressive behavior. He now threatens me that he is going to take custody of my little one. I have never refused him access. but he sees the child maybe 2-3 times a year and this yr so far only once. He has never paid any maintenance.(I believe I will get £5. per wk as he is getting benefits) I have told him to use this money to come and see the child more often and try and build a relationship with the child. I don't know what to do. There don't seem to be enough space to write everything down. Thank you in advance.
paying parent 02/08/2013 at 10:27 am
hi there i split from my partner in 2000 its now 2013 and ive always paid child maintenance for my kids through an attachment of earnings, from 2009[2010 i was unemployed so the dwp was paying 6,50 a week for the maintenance since going back to work ive continued to pay csa through my wages ,they ve now told me i owe them 8500,03 where do they get this amount from ,ive always been in contacted with my kids they ve stayed over a few nights a week ,giving them 50 pound practically every week from the age of 11 always spent loads on them at birthdays and christmas,my youngest son who is now 17 which im still paying 132.02 a week for hes just finished school hes going to college, his mother has been with the same bloke for the last 7 years they are now married ,they both work full time my sons works with them in school hoildays, weekends ,i have 2 other yound children with somebody else why am i still paying this amount to my ex ?
sincere 26/05/2013 at 8:25 am
the mother of my children passed away we had separated because she had married another man without my knowledge at the time with all the emotional stress of finding this out my health dropped to an all time low but not as much as not being able to see the children & shut out of their lives now their step father has found a way to con the csa into imposing payments on me he will not work just acquiring money is his main goal I give my kids all that I can I have no problem providing for them but contact has being to little even with the courts being involved because they live in their mothers place so joint custody was applied with stepfather my rights have being thrown away mediation did not work & phone contact is only by txt via stepfather over £2,500 spent via solicitors & still hurting knowing my kids are not safe
Bubbles 05/03/2013 at 10:11 pm
Hey there. I am pregnant at the mo and recently single from the father. So far we have discussed that we have a good friendship and good communication. He wants to put his name on the birth cert my only concern is that I will be breast feeding and feel it be better that the child stay with me full time till around six months I am not comfortable given him overnight visitation so soon I want the child in a routine. Do I have the right to say no to overnight stays but the father has open access to stay in mine and call over everyday even if he pay matanience.Can he fight this
Floydee 21/11/2012 at 1:26 pm
Hello everyone,

I am looking for some advice.

The resident parent is stating that she is banning me from my son being able to come round my house when my new partner is there as she feels that it is not in the best interests of the child as I have not been with her for very long.

I have mediation with the resident parent this evening to try and sort this out, but she is very stubbern and will not see it any other way. She has offered me to see my son around her house and she will vacate while I am with him, or I can go out with him for the full day (this would cost far too much money).

I have been to the gingerbread website that states about new partners but this made no difference with her at all, I was looking for some help or advice on what to do this evening?

Many Thanks
mamasteff 12/10/2012 at 1:22 pm
Hi I am having a huge problem with my ex, we split up over 3 years ago, and he only see's his daughter 2 maye 3 times a year, rings her on a sunday if he remembers or has credit on his phone. I have never asked for any money because what he would give would make no difference so I have never bothered. I have let him speak to her and see her and she has stayed at his house for 1 night even though she didnt want to I made her because he kep threatening to take me to court if I didnt let him have her. Well it has been over a year since he has had her and so far he has seen her twice this year and loet her down I dont know how many times, the worst was her birthday I can come oh now I cant because I have no money oh hang on I can because I managed to sell stuff. But now I have had enough, everytime he doesnt get his own way he threatens me with court and that he will be coming to my house! The most recent was because of a birthday card my daughter got him, because it didnt say dad he rang up abusing her down the phone and me down the phone so I havnt answered my phone because of it. It has been 3 three weeks now since I told him he needs to get a solicitor and nothing. My husband and I are stuck on what to as we cannot afford solicitors because of all the financial things we have already. Really need some advice.
Dudley 21/09/2012 at 10:03 pm
My son-in-law is the non-resident parent of a little girl of 8. He has access to his daughter only every 2nd weekend. During this time he takes her to church where she attends Sunday School (for approx 1 hour). His daughter says that she enjoys Sunday School and wants to attend.

However, her mother is opposed to her attending Sunday School and has threatened legal action if he contuniues to take her. Church is a lifestyle choice of both my daughter and her husband. They are both active in church and would need to alter involvement in order to respect the mother's demands.

Please advise me what rights my son-in-law has to take his daughter to church once every second weekend?
buff 11/09/2012 at 8:50 pm
My ex wife and i have joint custody of our 3 year old son and she has ignored all my requests for information on schools and preschools and enrolled him in pre school and primary school 2 miles from her home and mine (we live 200 feet apart) when there is a excellent primary school 400 feet from our front doors.I thought we had to decide on education between ourselves and not ignore my wishes.
gavin c 06/09/2012 at 9:28 pm
could any 1 help i have recently coe out of a relationship and my ex who has mild learning disabilities and a 6 yr old son who she consistently is late for school and picking him up he also has behavioral problems which effect home life for them after we split up 5 months ago we had a joint custody agreement which we had both agreed to and until about a week ago she heard from 1 of her mates that she didnt have to carry on the agreement and she is now just blanking my phone calls and when i spoke last she said she was just going to ignore my calls and me i am now paniking that she is going to refuse me any contact with my daughter any idea what i shoud do to make sure i get to see her
maria2303 20/08/2012 at 6:03 pm
Hi, I wonder if anyone can help?My ex partner is making my life with my daughter a misery, we have shared care and are currently alternating the days over a 2 week period so its fair. however this wasnt the case before and we had set days each, he only wanted to change because me and my new partner had arranged after school clubs etc that he wanted to get involved in, only since then he hasnt paid a penny towards anything and has also talked her out of doing any after school activities. I recently got married and he wouldnt let her attend our wedding, and whilst we were on our honeymoon he got her ears pierced without even consulting me? I am trying to be as fair as possible and as she is only 6 I want to her to come to her own decisions about her father but I am coming to the end of my tether and I just dont know what to do?
aartighadge 24/07/2012 at 7:05 am
i m mummy of 13 month old child is it possible to custody of my boy only for my husband he is doing real estate work n he has no financial support from his family so wt to do? i wnt my baby coz i have only his support
Jenny Wren 14/07/2012 at 11:14 am
Im having an access battle with my abusive ex rright now. The children dont want to see him unsupervised and I don't want him to see them unsupervised either as I am worried about their safety. We had an arrangment for maintenance which he then withheld because I wouldnt give him unsupervised access - I was happy for him to have supervised I hasten to add. The witholding of money was just another piece of his abuse and attempt to control me. Im glad this is taken into account. I am worried at the moment that father's "rights" seem to be being put above children;s rights.
Jim 14/07/2012 at 6:06 am
The law should be fifty fifty. In that way, no one has to pay maintenance as they are sharing custody.
If one parent has custody and the other has to pay maintenance, the maintenance should not be based on a percentage of the parents wage. It should be a fixed amount, based on what it cost to keep child.
Favouritism should not be a part of court judgement. A unbiased decision should be made based on what is in the best interest of the child.
mogs 13/07/2012 at 11:35 pm
when divorced father has had access to children for 10 years , then mother stops all visitation even though he has court order .
Mother says children donot want to see him but we know she is putting pressure on children , they are 2 boys age12 and 14 what can father do, was back in court 2 weeks ago and she agreed to access , but refused access this week-end or even to let them talk on phone said it is not in court order.
William 03/07/2012 at 6:22 am
Of course, the laws are weighted in favour of the mother, and in most cases the children will live with their mother. Unless there's good contact and communication between the parents, fathers can be out in the cold and very restricted in the amount of contact with their children. Whilst I'd never want to withhold child support, it can be very frustrating try to reschedule visits or try to arrange to take my children on holiday if my ex doesn't want it to happen. There needs to be more legal equality to give fathers proper rights.

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