Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Step-parenting

Connect with other Mumsnetters here for step-parenting advice and support.

Flip

Original poster

Legal advice...

14 replies

Tors91 · 20/08/2018 15:44

Hi,
My partner has a 2 year old daughter to his ex who has always been a complete nightmare. He only sees his daughter for an hour every Friday at his ex’s house, while her and her new boyfriend sit in the same room as him. She has never allowed him any more time with his daughter and obviously my partner is not happy with this.

He finally plucked up the courage to go to a solicitor a few months ago. Everything looked promising at the start, the solicitor wrote up a letter asking for contact every other weekend etc, the first letter was sent but there was no response from her so then a second letter was sent. It has been nearly 2 months since the second letter was sent and we still hadn’t heard anything from the solicitor so my partner rang to see if there had been any development. His solicitor was on holiday but the person who was standing in for her told him that there was a conflict of interest and that he had to find another solicitor? Which we assumed means that is ex is also with the same solicitor so obviously they can’t represent both of them?
This is understandable, but would the solicitor not have realised this at the very start of the process? It’s been 4 months and 2 letters have been sent to her, my partner was never informed about this conflict of interest until he rang to enquire what was going on. Something just doesn’t seem to be adding up.
His ex’s family are very ‘powerful’ in our local community, and know a lot of people, so we think it could be possible that they have something to do with it as they are very against my partner seeing his daughter (for no reason).

Is this normal for a solicitor to do this? It doesn’t make sense that no one realises abut a conflict of interest until 4 months into the process? And then to not inform my partner of this straight away.

If anyone has any knowledge or advice it would be greatly appreciated

Thanks 😊

OP posts:

Faerie87 · 20/08/2018 15:59

Is your partner on the birth certificate?

Original poster

Tors91 · 20/08/2018 16:01

No she wouldn’t put him on the birth certificate, the solicitor also included that on the letter

OP posts:

Coco2891 · 20/08/2018 16:13

You don't need a solicitor -he can make an application for contact to the courts for contact himself -google it, there's tonnes of information online. It's an application for an order. The court will suggest mediation first to try and make an agreement it if court , if the ex doesn't go or agree then in court he will be granted regular contact (unless there's a history of violence / drug abuse )

Coco2891 · 20/08/2018 16:14

Have a look at families need fathers

Coco2891 · 20/08/2018 16:18

Does he pay maintenance ? Is he 100% the child is his?

PandaPieForTea · 20/08/2018 16:21

Has he paid for the solicitor’s letters? I’d be unhappy to pay for that only to then hear about the conflict of interest.

Faerie87 · 20/08/2018 16:22

What @Coco2891 had said is correct you can apply to court for contact and parental responsibility, unless there is a history of violence, drugs or a criminal record he will more than likely get it.

The mother may claim that the child is not his and therefore a DNA test may have to be carried out.

Is your partner paying any form of maintenance?

NorthernSpirit · 20/08/2018 16:24

Doesn’t matter if he pays maintenance. Maintance and contact are completely separate.

He needs to go to court and get a contact order. If can apply himself and represent himself. She’ll only mess around by the sound of things.

Coco2891 · 20/08/2018 16:30

It matters if he pays maintenance in that he has been financially supporting his child so far thus showing dedication

Coco2891 · 20/08/2018 16:31

If and when it goes to court

Original poster

Tors91 · 20/08/2018 16:34

Yes he pays maintenance and has done since she was born. He is 100% sure that the child is his, and she has never denied this.

He has not paid any solicitors fees yet they said they would let him know that final balance at the end of the process.

I will tell him to look into families need fathers 😊

OP posts:

Coco2891 · 20/08/2018 16:40

I would definitely question the solicitors fees as if he was the client first they shouldn't have taken her on due to conflict of interest -and if she was their client first then they are at fault for not making the connection .

lizzybennett1926 · 20/08/2018 16:52

If he's not on the birth cert he will likely need a DNA test.
Once he has that contact will be granted if there's no history of drugs, alcohol or violence.

Coco2891 · 20/08/2018 16:55

Not if she agrees to Parental responsibility tho , but if she's difficult and won't agree to PR then yes I suppose he would. Is he paying through Cms / Csa? If she won't agree to PR I'd stop paying until he's legally recognised as the father -not sure about the law on that tho 🤔

Flip

Swipe left for the next trending thread