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i was wondering if anyone could give me any help. my ex paqrtner whom i have a 3 year old daughter with is threatening court action to stop me having access to the child. she also will not let me see the child or have any communication with her i have no idea where to start or what to do i am 25 years old
On what grounds is she trying to stop contact?
Basic principle is that unless there is a real danger to the children, the courts prefer there to be contact with both parents, so unless this is the case, your ex is very likely to fail to prevent contact completely. She may be able to restrict access (ie, defined contact times and/or supervised contact) to some extent, it depends on what the contact arrangements have been so far.
If she does go down the court route, you will need to b prepared either to represent yourself, or to get a solicitor. It would be worth having a chat with the Childrens Legal Centre.
Hi Jimmy,
Does your name appear on your child's birth certificate? If so, you have Parental Responsibility (PR) and unless she can prove that you're a danger to your child she cannot legally prevent you from having reasonable contact. If your name is not on the birth certificate it will be harder to establish that you have PR.
As your child lives with your ex the law currently recognises her to be the 'resident parent'. This means that she can restrict you from seeing your child. BUT DON'T WORRY! This doesn't mean that you'll never see your child again, but it does mean that you'll need legal help to regain contact with your child. The courts almost always grant contact to fathers. I'd do as actd suggests and call the CLC for some free legal advice. Their number is 0808 802 0008.
Hi Jimmy,
I have asked the CLC to pop by and offer you some advice on the forum.
Hang in there mate.
Gooner
Dear jimmy85,
If your former partner is preventing you from having contact with your three year daughter you can apply to the family proceedings court for a contact order which would be a legally binding order upon you and your former partner and would provide set times for you to have contact. Contact is the right of the child and the courts do promote contact between children and their parents as long as there are no welfare concerns. Therefore, your former partner’s threats of legal action to stop contact will likely fail unless there are issues surrounding the welfare of your daughter.
Before applying for a contact order, it would be advisable that you and your former partner attempt to reach an agreement through mediation. The National Family Medication can provide help for you and your former partner to achieve this; their telephone number is: 01392 271610. If you do apply to court for an order the judge will look to whether you have attempted to reach an agreement outside of the court and he/she may not look favourable upon your application if he/she does not feel you have adequately attempted to reach an agreement before applying to the court.
If you cannot reach an agreement outside of the courts then a court order may be necessary. To make an application for a contact order you need to complete a form called C100 which you can download from http://www.hmcourts-service.gov.uk . There are two other forms, CB1 and CB3, which you can also download from the above web site which are guidance notes for completing the C100 and the process that that entails.
The application will cost £200. It may be worth completing an EX160 if you feel you are exempt from this fee. The guidance notes for this form are called an EX160A. You should then submit this form with your application.
Your ex partner will be able to contest your application for a contact order but a Judge will decide what form of contact should be made available to you.
If you have any further questions please do contact us on 0808 8020 008.
Yours sincerely,
The Children’s Legal Centre
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