visitation rights

jmt11

not sure if this is the correct place to post this but....
I have been paying my ex maintenence through the csa for a while now but she's not exactly playing the game when it comes to me seeing my child, how easy is it to go through the courts to get some kind of visitation rights in place??

shell_542

Firstly the courts don't link paying maintenance to the rights of a child seeing its parent. One can happen for whatever reason without the other.

But every child has the right to have a relationship with both parents. The only time it wouldn't be allowed would be if the child was at risk from the parent. First do you have parental responsibilty of the child? Is your name on the birth certificate, were you married to the mother at the age of the birth of the child, have you applied for it already? It will depend on the age of the child as laws regarding PR changed in past years.

If you don't have PR, you will have to apply for it. It can be relatively easy depending on how cooperative the mother is. If not you can apply to the court.

Then I would suggest mediation to sort out contact. They prefer you to try it first before going to court.

Try looking at the families need fathers website.

Blob

Unless there is some reason, like the child may be in danger you will get a contact order, go for it. If your ex tries to stop it they will not make the Court happy. If medation fails make your application on a Form C100, you can get these from the Court and I think on line as well. When you get to Court ask for a penal notice as you believe that your ex will break the order.

Good luck

jmt11

shell_542 wrote: »

Firstly the courts don't link paying maintenance to the rights of a child seeing its parent. One can happen for whatever reason without the other.

But every child has the right to have a relationship with both parents. The only time it wouldn't be allowed would be if the child was at risk from the parent. First do you have parental responsibilty of the child? Is your name on the birth certificate, were you married to the mother at the age of the birth of the child, have you applied for it already? It will depend on the age of the child as laws regarding PR changed in past years.

If you don't have PR, you will have to apply for it. It can be relatively easy depending on how cooperative the mother is. If not you can apply to the court.

Then I would suggest mediation to sort out contact. They prefer you to try it first before going to court.

Try looking at the families need fathers website.

I dont have parental responsiblity as we were never married or even together at the time, i take it this is the first step i need to take?? how do i go about this??
also mediation would not work as she wont cooperate. She hasn't refused contact yet but i have a feeling its the next thing in a long line of things she'll try

shell_542

Application form and instructions for applying for parental responsibility are here

Unfortunately the mother has to be cooperative for it to be done relatively easily, so if you don't think she will, you will have to make an application to court for a Parental Responsibility Order and it will only be refused if the child is at risk. There is some more information about this here

Good luck x

jmt11

Thanks for the advice, i'll fill out the forms and see what happens!

Soubrette

You could join Families Need Fathers (not just for Fathers) as there will be other people in your position who are able to give advice.

Good luck and please do keep us posted

Sou