Sister and her partner are splitting up..

TugaGirl

Hi everyone. Just need some advice really. My 23year old sister has been in a relationship for 4 years. Her partner has always been dodgy.. He is very old fashion; he believes that a woman’s job is to be in the kitchen whilst he watches football! When they argue, which is often, he is really aggressive towards my sister and once he actually hit her. She called the police when that happen but didn’t press charges..
Well, now they have a child. My niece is 7 months old. Since she was born that he has changed a lot, he became a much better person. This was obviously not true at all. The have now split up for good (so I hope..). They currently rent a flat together, but they are both moving to different places. My sister can’t afford to stay where they are at the moment even though she loves it there..
Well, now he is saying that he will not give her any money for the baby as she will be able to claim benefits and he thinks that is enough.. but he also says that he will want to see the baby every day.

Can he do this? Can he not contribute financially but still demand to see the baby?
They are not married and just have a couple of joint accounts together.
His name is on the baby’s birth certificate.
Thanks.

Uniscots97

I think legally he has to pay, but best check with the CAB.

wannabe_sybil

Access and maintenance are two entirely separate issues. You can find lots of examples of men being forced to pay a great deal of money but never allowed to see their children, and vice versa.

If your sister is on benefits she will be forced to make a claim from him, especially as he is on the birth certificate as the father. I think you will find it helpful to go the CSA sub board on Employment and Benefits Board and ask about that part of the question.

About access - how much time has the gentleman actually spent with the baby so far? Is he looking for a daily opportunity to change a nappy? Or is he just being difficult? I suspect the gentleman would get bored of it very quickly, especially if your sister were to say things like - good, while you are looking after our little one, I can go meet friends/go to college/shop/meet with family...

If there is an element of the gentleman still trying to 'own' your sister then I suggest that she speak to a solicitor and get access defined early on.

Savvy_Sue

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kelloggs36

Your sister can choose whether to make a claim against him for child support or not - it is up to her although if she does claim, she must declare it to the benefits agency as she can only keep the first £20 every week of it.

Masquerade_2

Just to reiterate what has already been said.

Contact (access) and child support (maintenance) are two separate issues and are not reliant on each other.

If your sister claims Income Support then the CSA will automatically do an assessment. Your sister can also make an application to the CSA at any time. Bear in mind the CSA are currently taking about 12 weeks to carry out assessments.

Your sister should seek legal advice. If she is not working she is very likely to be eligible for Legal Aid.

kelloggs36

It is no longer the case that the CSA will make an asessment if she claims income support - this changed in October - she can choose, but she has to declare any money she gets.