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not sure what i can...
 
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[Solved] not sure what i can do?!?!?


Posts: 1
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Topic starter
(@rinser0)
New Member
Joined: 14 years ago

i have two children a girls who is 5 and a boy who is 4
i have seprerated from my very destructive relationship with the kids mum over a year ago.
at first she was ok with me seeing them every other weekend and then i started to have a new relationship and she started turning horrid about it. that all settled down and we started to have them at our new home tht me and my partner share every other weekend.

now she has stopped me seeing them completely saying i do not do enough for them and dont see them enough.

im not sure where i stand as i do not pay csa for them even though i do get them anything they need and have offered ex money which she refused.
also, i am not on my little girls birth certificate (although i am 100% she is mine) and both children do not have my last name?

where exactly do i stand and what shall i do as i am sick of her clicking her fingers and stopping access.

5 Replies
5 Replies
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(@Harveys Dad)
Joined: 17 years ago

Reputable Member
Posts: 257

Hi Rinser0

Mate that all sounds like a pile of doo.

I have asked our legal experts to come on line and give you some free advice on where you stand. It may take them a day or two so do come back.

I'm sure some other dads who have been through this will also be able to give you some advice.

Where you married to your partner coz that will have an effect on you PR (paternity responsibility)

There is a video here on PR, check it out.

check these articles out too.
Changes to birth registration for unmarried parents

Family Rights Group article

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Registered
(@childrenslegalcentre)
Joined: 16 years ago

Honorable Member
Posts: 447

Dear rinser0,

Thank you for your enquiry. Unfortunately, we do not advice on maintenance, however maintenance and contact are deemed as separate issues. Contact is seen as the right of the children. When fathers are being denied access there are usually two routes that we advice.

Negotiate with the mother:

The court will want to see that he has attempted to negotiate with the mother to some extent and mediation often provides a successful avenue. He can contact national family mediation on 01392 271610 for further information. If mediation or another form of negotiation has broken down or failed then we would advice to apply for a contact order.

Apply for a contact order:

A contact order is where the court will decide what access and under what conditions you should have with your children. They will decide what is in the child’s best interest using the welfare checklist. This will create a legally binding order enforceable against the mother if awarded by the courts, and in most cases the courts facilitate contact unless there are exceptional reasons not to.

You can visit the HMCS website to download the C100 application form. Additionally can download guidance notes called CB1 and CB3. There is a £200 fee for making the application which covers the proceedings. Alternatively you can approach a solicitor to assist you in the process, however they have their own fees.

The court process will consist of a directions hearing where the judge will decide what steps are required and it will give an opportunity for the court to do fact finding. This will be followed by the final hearing allowing the parties to put forward their proposals and objections. The whole process can take 6 to 12 months, however the court has discretion to make interim decisions to allow contact whilst the case proceeds.

If you have any further question you can contact us on 0808 802 0008.

Kind Regards,

THE CHILDREN’S LEGAL CENTRE

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(@brijs)
Joined: 14 years ago

Active Member
Posts: 5

Hi All,
I agree to what ChildrensLegalCentre has said.
Thanks

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(@johnnyallan)
Joined: 13 years ago

Active Member
Posts: 4

i feel same from my little boy birth she never put me on birth cer hes 8 months old i get 2 hours week she never give me more time got to get 2 buse each week i dont mind treving but seem to be banging head against wall she want s him all to her self im getting down feel both sets solicters slowing things to make money im paying money into her account seems all one way can father get more than 2 hours after 8 months

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 actd
Registered
(@dadmod4)
Joined: 15 years ago

Illustrious Member
Posts: 11892

It may be worth reading yoji's guide to representing yourself and considering this option.

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