ii got my 8yo daughter a mobile phone can my ex stop me phoning her?

Question

i split up with my partner and she is making it hard to contact my kids she also turns off my daughters mobile
what can i do without going to court

Answer 1

i think it matters on who pays for the phone

Answer 2

As the custodial parent your ex has the right to do whatever she wants with whatever comes into HER home. Maybe you need to do what father's did before there were mobile phones. If you think this issue requires going to court then you may have to do so but you can't force your ex to allow your daughter to use the mobile phone. Some parents don't think 8 year old's need such devices.

Answer 3

Get this sorted out properly. At the moment, you really can’t ‘make’ her do anything on her time.

See a family law solicitor for advice on getting parental responsibility. Chances are that if you were never married to your ex, then you don’t have this. That means that you currently have no legal rights to your daughter, even if you are on the birth certificate. Parental Responsibility doesn’t take anything away from the mother; it legally acknowledges you equally and fairly as the father. Without it, you have no rights as a parent and cannot even take your daughter to the doctors or sign a school permission slip. This your first step. It costs around £100 (although you may qualify for legal aid – see citizens advice). You don’t have to go through the courts, although you will have to visit the court to have your signature witnessed. Your ex will need to sign too, although you can make separate appointments. If she refuses, your solicitor can ultimately force her to acknowledge your parental rights if you are the biological father.

However, although this acknowledges you as a legal parent, this will not help with contact time etc. if your ex is the custodial residential parent, as I am assuming she is. You really have three options for moving forward:

- work your @ss off to improve amicable relations between the two of you

- get family mediation. This is an intervention that facilitates discussions between you and your ex about how to best work together regarding your daughter (see citizens advice). It is not legally binding, but it is fairly un-threatening. It can help put things in perspective and draw up agreements.

- Take advice from a family law solicitor and go through the courts. This is the only way you will ever have any legal rights regarding contact time, visitation, holidays, etc etc. You don’t have to be aggressive about it; simply state that you want to clarify things so that everyone knows where they stand. Once things are agreed and legally binding, nobody can mess anybody around and you can all get on with your lives instead of constantly bickering back and forth and wrestling over your daughter for the next 10 yrs. Do bear in mind that as she is 8, she may well get some say in how much time she wants to spend with you. It’s not about taking her away from her mother, it’s about establishing your rights as a father and ensuring your contact time with your child.

Good luck. The UK system is not terribly fair on non-residential parents at the moment, rightly or wrongly but do remember that citizens advice can offer you free, impartial advice on everything from the current law to legal aid (have a look online). It doesn't have to be a war – remember that it is about your daughter, suck it up and get on with it. I really do wish you all the best whichever way you choose to proceed!

Answer 4

I had the same problem with 3 teenage daughters! After stopping their pocket money until they had paid their portion of the bill, I got in touch with my phone company, explained the problem and got a stop put on all mobile numbers and competition numbers [ such as tv and radio ones]. My next bill was £200 less! It was a pain when I wanted to ring a mobile but well worth it!

Answer 5

I hate to say it but you may have to go to court. If you are paying child support she can not refuse your rights to your child. That is part of the reason for the support. However I will congratulate you on wanting to be there for your daughter. I have a sis who is going through trying to get support for my niece who's father hasnt done a thing for his daughter in five years. She has only been at this maybe a year but it has only been that long because he wont show up to the hearings.

Answer 6

why has your wife got the kid in the first place?i assume you are English or something like that,bad luck on that one.the only thing that you can do is tel people that she is an alcoholic,drug taking and selling little whore who lets people do her for £1.50 a time,she does this while your child is asleep upstairs.you could also tell her that you have a £50000 war chest to fight her for custody of the child if she will not let you see your baby at weekends or something like that.as the father of the child you have a right to the access of the kid whenever you want.i need more information on this question to help you any more I'm afraid,like why did she throw you out in the first place,did you fukc the sister-in-law?are you a drunk?did you have an affair with the 21year old next door?are you rubbish in the bed or what,what grounds is she divorcing you on?i am a taxi driver/solicitor so may be able to help you for a small fee.have you got pay pal?

Answer 7

Well, ultimately not much unless you go to court and either get full custody or establish joint custody.

Perhaps you should let her know that unless she quits making it hard for your to contact your kids you will be left with no choice but to drag it into the courts.

Answer 8

nothing. The courts will have to schedule contact times and phone times etc...

if your not with her and living somewhere else the courts could view it as disruptive for the childs daily activities.

You might have to face the fact that you arent going to talk to her everyday now.

Answer 9

Not much. When the phone is in her home, she has the say on whether it's on or off.
You need to take it to court to be able to have your kids have better access to communicate with you. Sorry.

Answer 10

You should have all contact numbers for your child. You shouldn't need the mobile phone. If your ex is not allowing you to call her at home, you can take him/her to court.

Answer 11

There isn't anything you can do without going to court unless you can talk to your ex. I also bought my kids cell phones and put them on my plan. My ex respects that and I call them each night when they are with their dad. Try talking to your ex, if that doesn't work tell her you are taking her to court you have every right to talk to them!!