Does the father have any legal recourse if the mother is preventing him from seeing his daughter, despite a verbal agreement between the parents? | Lawhive - Solicitors & Lawyers Online
Does the father have any legal recourse if the mother is preventing him from seeing his daughter, despite a verbal agreement between the parents?
Hello, posting on behalf of my partner and will try to keep as simple as I can. His ex asked for his 'permission' to move hours away with his child roughly 1.5 years ago and he agreed with the condition that she would meet him half way to drop off/collect their child every month so he could continue to see his daughter. This is agreed in writing. Both him and the ex had a disagreement the last time they dropped off/picked up and since then she has been difficult. She told her daughter that if her dad dared talk back to her again she would not be dropping her off with him again which upset the daughter. His ex has came out with many excuses as to why she can't commute half way at the minute meaning he hasn't seen his daughter since begginining of March (but stays in regular contact through video/phone calls). She has been caught out lying e.g saying she can't travel in the car because of finances/medical issues but posts online when visiting family and friends hours away from home with his daughter. He pays her child maintenence every month and has done since separating as well as trying to see her as much as he could/ she allowed. We've tried to come to an agreement and be as civil as we can so we can see his daughter but the ex is saying that it is now his responsibility to do the full commute to pick up/drop off his daughter which would be 18 hours of driving in a weekend and is unreasonable. She's saying this because she cannot afford it/medical reasons/partner working a lot/her birthday plans getting in the way and many other excuses. Where does my partner stand with all of this and seeing his daughter? All he wants is to come to some agreement and be able to see his daughter once a month atleast (with her agreeing to do half the journey) but his ex is making it impossible to do so right now. Would the best place to start be mediation? Thank you


15th April 2022

1 upvote

Top Answer
NQ law student- submit a C100 form to your local family court. Mediation is the first step (if domestic violence wasn’t in the relationship). The court will seek an order for what is best for the child, not the parents. It may be out in place to share the travel or it may not, it completely depends on the judge. Also, maintenance and contact are two separate issues. https:// government/ publications/ form-c100-applic ation-under-the -children-act-1 989-for-a-child -arrangements-p rohibited-steps -specific-issue -section-8-orde r-or-to-vary-or -discharge

Mabel Dodge

15th April 2022

NQ: You could mediate or, if that fails, look at filing for CAO as suggested.. above However, there is also scope to ask for a special expenses variation of Child Maintenance (if this is arranged via the CMS). This can look at reducing the CM he pays to account for reasonable costs of fuel and costs of hotels when there is some distance to travel for contact. This is one of the few valid reasons where CM reconsideration s are likely. It's possible that raising this with his ex may actually help her to rethink her decision to not support with half the travel time and costs. https:// assets.publishin k/government/ uploads/system/ uploads/ attachment_data/ file/336663/ variations-expla ined-paying.pdf

Thomas Jaskolski

15th April 2022

NQ - if there is already an order in placece, you could make an application to Vary the order. If the mother is refusing to stick to the current order which states that both parties must travel 50% of the distance to travel sport the child for contact, then she's breaching the order. You'll more than likely have to show evidence of this when making the application. So texts/emails stating the reason for not showing up on allocated times/days.

Bradley Maisch

15th April 2022

NQ: apply for court with c100 form. In the mean time, despite the difficulties being set by the mother, the father should, if possible make the whole journey. This way, it shows to his child that he is rising above the difficulties, and making the effort, which will not only matter to his child, but also hold some weight in his case. Yes it's not going to be short journey, but when it comes to our kids, each minute counts, and has a lasting positive effect on the child. In what you have described, the mother is causing unrepairable damage, and laying down her law that will affect the child massively. And if father is able to make the whole journey regardless, imagine the positive impact that will have, compared to the negative that the mother is impacting. You can try meditation while your application is going through its process, but its not set in stone with mediation. Its an agreement with both parties. Court is more official, and if not followed, then it can be enforced.

Stacey Vargas

15th April 2022


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