Legal Route to Child Access

DancingFerret · 2024-11-18T10:20:49+00:00

Unmarried couple, no longer living together, parents to young baby. The father works casually (months, not weeks, between jobs) so no CMS from him. He has PR and the mother accepts he will be able to force contact if he so wishes, but doesn't intend to volunteer it - not least because he smokes weed, which seems to affect his mind. Can anyone advise the legal routes open to the father with regard to access, please?

Nextdoor55 · 18/11/2024 10:40

He could go down the mediation route to try to come to an agreement but if this doesn't work then seek an order via family court (all if in the UK).
A court would likely grant some sort of access regardless of the fact that he smokes weed, or they'd be taking children off of the many parents that do!

Original poster

DancingFerret · 18/11/2024 13:14

Nextdoor55 · 18/11/2024 10:40

He could go down the mediation route to try to come to an agreement but if this doesn't work then seek an order via family court (all if in the UK).
A court would likely grant some sort of access regardless of the fact that he smokes weed, or they'd be taking children off of the many parents that do!

The bottom line is she doesn't really want him to have contact, but grudgingly recognises she probably has no choice, He's quite capable of ramping up the "anti" and taking her to court, but given the acrimony between them, I was going to suggest using a contact centre might be the way forward, but have no idea how they work.

Either way, I think money is going to have to be spent for him to gain access - and that'll just make the whole situation worse from her perspective; she just wants him gone from her life (with good reason, from what I know about the situation).

OP posts:

Nextdoor55 · 19/11/2024 18:54

DancingFerret · 18/11/2024 13:14

The bottom line is she doesn't really want him to have contact, but grudgingly recognises she probably has no choice, He's quite capable of ramping up the "anti" and taking her to court, but given the acrimony between them, I was going to suggest using a contact centre might be the way forward, but have no idea how they work.

Either way, I think money is going to have to be spent for him to gain access - and that'll just make the whole situation worse from her perspective; she just wants him gone from her life (with good reason, from what I know about the situation).

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The childs best interest is what a court decides upon, and they tend to take the view that children need to know both parents. And that children have that right. Your friend should probably try to put her feelings to one side & suggest that the only way forward if is the child sees them getting on and working together as parents.
She could take the moral high ground.

Starlightstarbright4 · 19/11/2024 19:06

Cms is seperate issue to access..

however if he is paying nothing then still she should register with the cms . Its £7 a week if he is on benefits .

is he bothered enough to go to court ?

Londongirl8922 · 20/11/2024 12:29

If there is no safeguarding issue for dad to be around his child then the courts will allow him to see his kid because he's got as much rights as the mother...it possibly will be in a contact centre but gradually he will be able to take his child out and about

What's the reason mum is against him being in child's life? Like I said if there isn't any safe guarding issues then courts will allow it..a c100 will need to be filled out to get the ball rolling for access