Child Access Queries

Crazies

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786

Go to court. Don't use solicitors. It will cost £175.

Crazies

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786

Crazies wrote: »

Sorry to sound stupid but how does he go about going to Court with a solicitor?

If you do not want to use a solicitor, fill in this form and send it to local court with fee. Ring up or go to the court if you need help - the staff are usually very helpful.

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=50

Crazies

Thank you for the advice

kizzy2010

yes you're right, he has parental responsibility and therefore has rights to regular access, unless there are circumstances where he shouldnt have it, which you have already covered.
i only know this because i have been looking into changing my childrens names to that of my future husband, and have found that i must have the fathers permission.
also, as far as i'm aware, as he is paying regular maintenance, he has a legal right to see his child. is this maintenance recorded, ie through the csa or into a bank account, or is it just in cash. i would advise making sure it is recorded in some way in case it does go to court.
firstly i would recommend he tries talking to her again, make a note of the conversation and if she still fobs him off go see a solicitor.
the first thing a solicitor will do is try mediation first, this will either be in the presence of his ex and another family member if necessary. or if not it could be a mediation centre, where she would take the child to the centre and either leave her with him or stay, not quite sure exactly how they work.
if she refuses to do this, then the next step would probably be court, which as you've said could get costly.
i really feel for your husband, my ex went through the same things with his ex and kids and it is heartbreaking to watch.
all i can say is good luck

786

Paying maintenance is not a factor when applying for access.
Just apply for a court date asap.

AnxiousMum

kizzy2010 wrote: »

yes you're right, he has parental responsibility and therefore has rights to regular access, unless there are circumstances where he shouldnt have it, which you have already covered.
i only know this because i have been looking into changing my childrens names to that of my future husband, and have found that i must have the fathers permission.
also, as far as i'm aware, as he is paying regular maintenance, he has a legal right to see his child. is this maintenance recorded, ie through the csa or into a bank account, or is it just in cash. i would advise making sure it is recorded in some way in case it does go to court.
firstly i would recommend he tries talking to her again, make a note of the conversation and if she still fobs him off go see a solicitor.
the first thing a solicitor will do is try mediation first, this will either be in the presence of his ex and another family member if necessary. or if not it could be a mediation centre, where she would take the child to the centre and either leave her with him or stay, not quite sure exactly how they work.
if she refuses to do this, then the next step would probably be court, which as you've said could get costly.
i really feel for your husband, my ex went through the same things with his ex and kids and it is heartbreaking to watch.
all i can say is good luck

There is absolutely NO TRUTH to the fact that paying maintenance gives rights to access - the two issues are entirely different and have no bearing on each other.

Just as if the NRP does NOT pay their maintenance money, that does not give the right to the PWC to withdraw access. The CHILD is the one with the right to a relationship with both parents, and the CHILD is the one with the right to be financially supported by both parents.

Fill out the form on the link above, and get down to the court and get it filed. Whether talking to the ex or not will work - there's no guarantee that next week she might not change her mind. If all is well for six years, and THEN she changes her mind, then you have to start from scratch - and you don't want to be battling for visitation/custody/access with a teenager! I think alot of teenagers know how to use this against parents - both pwc and nrp - if they are that way inclined. Given that the daughter is being raised by a woman cutting off access, it won't be too hard for the pwc to 'poison' the daughter with access stories.

File the paperwork, be prepared for all kinds of rotten accusations from the ex, and be prepared to fight it out for what is best for the daughter. If she blocks access, don't discontinue the child support - but, if she's this way inclined, do make sure that child support payments are recorded properly. If you are not registered with the CSA, you might want to consider that - 'cos if she doesn't win the access case, you can bet she sounds like the type to try and mess hm around with CSA.

kingfisherblue

He is entitled to see his child even if he is not making regular maintenance payments. The two are separate issues.

Personally, I would go down the court route. Have an idea of the days and times that he requires access and be prepared to negotiate. Once the order is in place, he will need to honour the times and days - if this will be a problem (eg, shift work), it needs sorting at the initial court hearing.

Crazies

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Crazies

Oh and P.S. Thank you everyone for the help!