Parnters Ex threatening to take their child without permission! HELP!

[Guest]

Hello,

I'm really hoping someone on here can help me. I'll try to be objective and only provide facts although I'm sure my own opinion will cloud the issue!

So, I've been with my partner for about 6 months now. We don't live together, she has her own house, but I do stay over 2-3 nights per week. She has a 4 year old daughter from a previous relationship. She has been split from her ex for nearly 18 months- he has a new girlfriend. He lives between his girlfriend and his sisters house. He doesn't have his own place.

My partner has been letting her visit her Dad regularly, he has her every second weekend and two days mid week on the weekend he doesn't see her. Since I've known my partner he has only ever paid his maintenance fee's once, he's has said he is working but he just never pays up. My partner says that he has only ever paid once (about three weeks ago) since November- so a total of £50 in 7 months.

Countless times her ex has said he would pay etc and then not bother or make up an excuse etc. Hes pretty unreliable, he is liable to cancel at short notice or forget his days and she will have to text to remind him. Anytime she mentions money he will get abusive and cause an argument or guilt her into seeing his daughter so she always backs down.

Recently however, he failed to pick up his daughter on an agreed day, as well as led my partner to believe that he had paid dance school fee's for his daughter, until she got notified that the fees didn't get paid and she would be charged extra.

This was the last straw for my partner. She told him until he coughed up and became reliable he could not have access to his daughter. She has since being ignoring his calls and her ex and her exes family have literally been harassing her everyday and wont leave her alone. She advised him that she was going to go to court to get a formal agreement and that it would benefit both of them. Unfortunately, this only incensed the situation.

Her ex has been texting her threatening to take his daughter out of nursery and my partner is literally living in fear that he will snatch her at any time. He has a criminal record for assault and theft previously although he has never hit my partner.

She has had to go abroad for a few days and has left her daughter with her granddad who regularly looks after her. Her ex knows she is away so has just text my partner saying that he will be going to her dads house with his solicitor and that they will take his daughter away for good and he won't give her back even when my partner returns from abroad as he has parental rights. Surely this cant be true?

What can I do to prevent this from happening and does he have any legal right to do this?

My partner has contacted CSA and it was a waste of time really- also, family mediation would not benefit anyone in this situation as he has never stuck to any amicable agreement before! Also, before my partner went abroad she called the police and told them he was threatening to take his daughter from nursery without permission and they said they couldn't do anything about it.

What can we do in terms of court action to get the following to stop happening;

• firstly, him and his family harassing my partner
• court action to either get him to agree to pay and set visits
• or to stop him seeing her completely

Also, what parental rights does he actually have? Surely he can't have much rights in this situation..

Any help would be greatly appreciated- I really am desperate!

Bruce

[Kati]

Re: Parnters Ex threatening to take their child without permission! HELP!

A couple of questions ...
1, is the father named on the birth certificate?
2, has your partner got a contact order in place?

As soon as your partner is back from abroad, she needs to see a solicitor. She also needs to tell the nursery that no-one apart from her is allowed to collect her daughter from nursery (explaining about her exs threats)

- - - Updated - - -

I'm sure there will be lots of advice from more knowledgeable Beagles soon!

K xx

[des8]

Re: Parnters Ex threatening to take their child without permission! HELP!

To a similar situation the following advice was given:
She should get a child arrangement order sorted asap IMO.
https://www.cafcass.gov.uk/grown-ups...ts-orders.aspx
. https://www.gov.uk/parental-rights-r...responsibility


(Thanks Amethyst!)

[SPQR]

Re: Parnters Ex threatening to take their child without permission! HELP!

Parental rights

Firstly the father only has parental rights if:
1. He was married to the mother when the daughter was born; or
2. He is on the daughter's birth certificate; or
3. There is a court order or agreement stating that he has parental responsibility.

If he has parental rights this means that he has a right to be involved in decisions such as schooling, medical treatment etc. It does not give him the right to take the daughter away from his partner.

Court action to stop harassment

Your partner might be able to apply for a Non-Molestation Order. You should talk to a solicitor about this possibility, and you might be entitled to legal aid to do this. To find a legal aid solicitor, try the following:

• http://find-legal-advice.justice.gov.uk/
• http://solicitors.lawsociety.org.uk/
• http://www.resolution.org.uk/findamember/

Court action re child maintenance

Your partner should apply to the Child Maintenance Service (https://www.gov.uk/child-maintenance/how-to-apply). The application is fairly straightforward although there is a £20 fee. The CMS will then calculate the maintenance due, and recover it from the father (and if necessary begin enforcement for non-payment).

Alternatively you could apply for a Financial Order but there is no advantage in this.

Court action re visitation

A Child Arrangements Order will sort out issues such as where and with whom the daughter is to live. And what contact she is to have with her parents. As the daughter's parents have been split for 18 months with the daughter living with her mother that time, it is almost a certainty that the court would order that the daughter remains with her mother, with reasonable contact with the father.

Your partner could apply for a CAO to stop him seeing his daughter completely, but this is unlikely to be granted. You should try and come to a written agreement with regard the father's contact. If an agreement can't be reached, he would need to apply for a CAO (there is little advantage in your partner applying for one).