Legal Question in Family Law in United Kingdom

Re: children

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The first thing that must be remembered is that there is little connection between an absent father's obligation to pay maintenance for his children, and the right for contact with those children. This may at times seem unfair but the fact that a father is not paying maintenance will not automatically deprive him of a right to see his child.

If your child's father is refusing to contribute towards the child's maintenance you should take immediate steps to ensure that he does so This will normally involve an application to the Child Support Agency. The system is far from perfect but unless there is a very good reason not to apply you should do so. If you are receiving benefits, the benefits agency will make the application on your behalf.

The question of the father's contact with your child can be a little more complicated. The deciding factor is whether it is in the child's best interest to have contact with his or her father. The presumption which can be rebutted is that it is in a child's best interest to have contact with both its parents. Thus it is likely that if a dispute develops, which it is necessary for a court to resolve, an order that the father have contact would be made if he is able to show that he could play a positive part in your child's life. Part of this however is helping to maintain the Child and he would be likely to have to explain his failure to do so. However if he is genuinely unable to pay maintenance but would play a positive part in your child's upbringing it is most likely that he would be allowed contact with the Child.

Whenever possible the question of contact should be agreed between parents, and without resort to the courts. This can be difficult where, as seems probable here, one party has been badly treated and deserted by the other, but it is always the child's best interest which is put first.