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Stuart J
Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 20067
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hi i wonder if you can help. my partner has a child with his

Resolved Question:

Hi i wonder if you can help. my partner has a child with his wife and they have been separated 2 years its not amicable.She isnt allowing him to see his daughter at the moment and withdraws access quite alot he is devastated all he wants to do is see his little girl.He has been to solicitors in the past but after a couple of weeks i think she knows the solicitor will give him some sort of access so she renages so she still has control becuase he hasnt seen his little girl the minute she says he can he stops the solicitor i understand that he misses his little girl very much and this is why he does it that and the length of time it would take to gain access with solicitor can you give me any advice
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Stuart J replied 1 year ago.


Hello, I am Law
Denning and I am a practising solicitor in a High Street practice. I have been
an expert on this website in UK law since 2008. During that time, as you
appreciate, I have answered thousands of questions from satisfied users on a
variety of subjects.

Because we are all in
practice with clients and court and other users, I might not always respond in minutes, particularly evenings and
weekends. Please bear with me in that case



It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.



Why doesn't he just
carry on and get the order for contact regardless of what she agrees in the
interim?



A resident parent will not be able to avoid a non-resident parent seeing
the child and if the resident parent refuses point-blank, the matter will end
up in court. The resident parent would be better offering some contact. They
should both try to resolve matters using family mediation http://www.familymediationhelpline.co.uk/find-service.php



Although it is quicker and less
confrontational than court it isnt necessarily cheaper





If this
fails then the non-resident parent being denied contact can then apply to the
court for a defined contact order which will formalise arrangements.

The necessary forms are available on the here

http://www.thecustodyminefield.com/ .



The only reason a
court will order supervised contact is if the child is at risk for some reason.
Contact supervised by the mother/with mother present doesn't get ordered.





If the court consider it necessary
supervised contact would be at a contact centre.



Once there is a
contact order in place, if she still starts messing about with contact, he can
apply to court to enforce the order and if she still refuses she can end up
with a criminal record and a community service order.



Does that answer the
question? I am happy to answer specific points.



Can I help further?



Please
don't forget to positively rate my answer service (even if it was not what you
wanted to hear).

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating.

It doesn't give me, "a pat on the head", "good boy" (like ebay), it is my
livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask.



The thread
does remain open for me to answer follow-up questions.



I am
offline shortly until later and will pick this up then if needed.

Customer: replied 1 year ago.


Thank you for coming back to me.Your advice has been very helpful i am printing it off now and will give it to my partner tonight.On your first point about not carrying on with the contact order he just wants to resolve it without other people getting involved he doesnt understand why he cant see his daughter and why his x partner is able to dictate this he is a good dad pays maitenance but she just wont allow it.He has only ever gone to a solicitor as a last resort and has been told that it could take a couple of months before he sees his daughter so when after a couple of weeks his x partner says she can see her he jumps at the chance which i would myself being a parent. i really appreciate your help.

Expert:  Stuart J replied 1 year ago.


Unfortunately,
if he doesn't want anyone else involved, and she takes no notice of him, she
can continue to walk all over him as indeed she has been doing. He cannot beat
her with a stick until she allows contact and therefore, unless he is doing it
himself, he is faced with mediation or, if she will not agree to that, going to
court.

His
ex-partner is not able to dictate this and if she carries on as she is doing,
she will end up in court.



The problem
is that he sees a solicitor, she agrees, he drops the solicitor. She withdraws
contact. He is back to square one. He needs to see a solicitor and see the
process through to the end. If he doesn't, he will still be in this situation
when the child leaves school.



He needs to
get what she agrees set down into a court order.



It is
unfortunate that by virtue of him being reasonable, she is taking advantage



Does that answer the
question? I am happy to answer specific points.



Can I help further?



Please don't forget to positively rate my answer
service (even if it was not what you wanted to hear).

If you don't rate it positively, then the site keep your deposit and I get 0
for my time
Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 20067
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 2 other UK Family Law Specialists are ready to help you

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