ABSTRACT
You have been instructed by David Brown who is the father of three year old Samantha. Mr Brown had a relationship and lived with Angela Smith, Samantha’s mother until a year ago. They were never married. Ms Smith now has a new partner, Bruce Adams, who is Australian and lives with her. Until Mr Adams moved in with Ms Smith six months ago, Mr Brown was having regular weekend contact with Samantha: he would pick her up Saturday lunchtime, bring her to his home where he lives with his mother, and return her on Sunday evening. In the last six months, however, he has seen Samantha less and less frequently: Ms Smith has not allowed contact, saying Samantha was ill on a number of occasions; at other times, she claimed Samantha had friends’ parties to go to, or did not feel like seeing her father. More recently Ms Smith has informed your client that Samantha is forming a bond with Mr Adams, and that Mr Brown may as well ‘get used to not seeing his daughter’ as she and Mr Adams are thinking of going to live in Australia and taking Samantha. Mr Brown is distressed at the idea of losing touch with his daughter. In addition, Samantha’s grandmother is also keen to continue to see her only grandchild. Mr Brown in currently in receipt of income support. 1 What is your initial advice to Mr Brown in terms of parental responsibility and contact? Can you tell Mr
Brown how the law approaches children’s relationships with absent fathers? 2 How will your advice be funded? 3 What are your first steps? 4 When you receive no response from Ms Smith, what application(s) do you propose to make? 5 Can Mr Brown’s mother apply for a contact order? 6 Can you act for her? 7 Once your applications are issued, how do you serve Ms Smith; what is the notice period, and how
do you prove service? 8 What happens at the first appointment if Ms Smith fails to attend? 9 At what stage might you instruct an advocate and what can you ask him/her to do?
