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Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am denied access to my 8 months old son by my estranged partner.

Resolved Question:

I am denied access to my 8 months old son by my estranged partner. I have not seen my son for 6 weeks and she took him away when he was only 8 weeks old. What can I do to see my spon. She has gone to CSA and I have been paying Child Maintenance.
Submitted: 5 years ago.
Category: UK Family Law
Expert:  Thomas replied 5 years ago.


Are you named as the father on the child's birth certificate?

Kind regards


Customer: replied 5 years ago.
Expert:  Thomas replied 5 years ago.



Thanks for your reply

You have parental responsibility which means that you can make an application to Court for a s8 Children Act 1989 for a contact order in order to formalise your seeing the child if necessary.

Disputes over the amount of child support are not a sufficient reason for the resident parent to cease previously agreed/practiced contact. The allegations of harassment could complicate and potentially delay proceedings however.

If you consider that a formal letter from you requesting contact is not going to get you anywhere then you will have to see a local family solicitor about writing to your ex-partner to start a dialogue on her position as to contact. This would be fairly cheap (eg. £40+ Vat) and would explain that you are entitled to contact and shall make an application to Court for a contact order if they are unwilling to agree to contact and/or mediation.

With regard to mediation you can contact for mediators in your area.

If your ex-partner is not amenable to any of the above then you have no option but to apply for a contact order. You can do this yourself or, preferably, instruct a solicitor on his behalf. Lots of info for laypersons considering making such an application here:-

A County Court is able to make a court order defining the extent of your contact with the child. During proceedings (if it gets that far) CAFFCASS will also be involved to report on the state of the child's residence and care.



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