im just posting on here as wanted others advice or findings.
im currently in the process of going through a legal battle with the mother of my son. I haven’t seen my son now for five months. She refused to place me on the birth certificate, and has refused to allow me to see my son. Despite this I received A child maintenance application, and when I have spoken to them, they state I still need to pay the money (which is over 400 pounds) despite me not being on b certificate and not seeing my son. Of course I want to support my son and do anything for him, hence the costly legal battle, but why am I required to pay this currently?! It just feels so wrong from her and the system that I’m good enough to pay the money, but not good enough to be on b certificate or even see my son.
Any advice etc or people have been in a similar situation would be great. I contacted my solicitor yesterday but have had no reply as of yet. Thank you
I'm afraid the the CMS do not concern themselves over the legal battle of whether you are allowed to see your children, their purpose is to ensure that any child is financially supported (though it is a one size fits all, which is far from perfect), and they leave the courts and mediation to deal with the contact and residence issues.
In parallel to your legal application to the court, I would consider looking at mediation to see if you can get a dialogue going with your ex - if you can, it will be much cheaper for both you and your ex in the long run, and potentially avoid a lot of the conflict that court cases generally invoke. If you can reach an agreement, then this can be signed off into an order in court, rather than actually battling it out in court