UK Family Law
UK Family Law Questions Answered by Verified Experts
Is he named on the birth certificate?
Are you employed/on benefits?
The solicitor will probably write to you first asking for amended contact on the terms he has requested.
If you dispute this then he will either comply with your requirement or otherwise make an application to Court under the Childrens Act for a contact order. The application will be issued to you for you to acknowledge and a hearing date will be set.
These applications can get quite complicated quite quickly.
The child's welfare is the most important concern of the Court, but the reality is that the contact he seeks is ultimately not that unreasonable but a Court would be minded to disturb the child as little as possible. They would probably order that contact with the father on his own is incrementally worked up to as the child gets older during the first year. Perhaps with you supervising his visits on a number of occasions before such time as the child becomes used to his father's house or conceivably at a neutral venue. The childs extremely young age would be decent grounds for asking that contact is continued in it's current form for another month or so, but that a plan for progressive contact is in place leading up to contact at the father's home unsupervised by you.
If you are on benefits then you may be entitled to legal aid so that you can instruct a solicitor to act on your behalf once you receive the application (if any). If you wish to do so you can get in contact with www.resolution.org to provide you with a legal aid solicitor.
This answer assumes the is no risk to the chlid's welfare by being in the father's care.
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Each case turns on it's own facts. There's no timetable for use with all children and the Court will tailor a contact plan according to the child's specific circumstances.
He probably won't get the contact he seeks straightaway, but if there is no suggestion that the child's welfare is at risk by being with the father then a Court will most likely set a time table over a number of months working up to it factoring your supervising the contact during the beginning.
Thanks for your kind accept.
Not right now I wouldn't have thought.
It's the exception rather than the rule that overnight contact is ordered before the child is a year old, though it can and does happen where all parties are amicable and the non-resident parent has had considerable contact already.
It's a good idea in the sense that it provides you with both with evidence of what you had agreed and considered reasonable at the time. It would not be considered binding by the Court since the child's welfare is the primary concern, but if it allows you base from which agreed contact can proceed then great.
It does not preclude him from making an application to Court for Contact Order at a later date if things do not go according to plan however. Provided you are both happy with what has been agreed and endeavor to stick to it then it is probably a more sensible solution than going through family proceedings, with all the stress, expense and time that it entails.
Both sign two copies, each keep one.
I wish you the best of luck.
my question is about the rights of a term cohabiting