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Austin Kemp provides a pragmatic and honest approach to the individual's journey through Family Law issues. They demonstrate a willingness and capacity to respond to challenging and unpredictable circumstances. The professional, yet personal, service is naturally client centred, but with a realistic and informed view of children's needs. And it has been heartening to have such a caring team walk beside me in the long journey.
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Likewise, If you have met someone new, it can be equally tough if your ex doesn’t want your children to meet your new partner. As experienced family solicitors, we’re often asked questions such as ‘can my ex stop my child seeing my new partner’ and ‘can my ex claim money from my new partner’. What’s more, it’s not unusual to want to do a background check on an ex’s new partner, to make sure the children are safe.
In this post, we take a look at what the law says with regards to new partners seeing children and answer the most common questions, including ‘can my ex stop my child seeing my new partner’ and ‘can my ex claim money from my new partner’.
As long as you don’t suspect that the new partner is going to harm your child in any way, and your ex-partner has a contact order to see your children, there may not be much that you can do.
You can try to speak to your ex-partner about the situation, but they may not understand why you don’t want your children to see their new partner and this could cause more friction between you both.
If your ex-partner does not have a contact order and you stop them seeing their children, you risk your ex-partner going to court to obtain a contact order. This can be an expensive and lengthy process and the courts work on the premise that the child should have contact with both parents, unless there is a risk of harm.
If you think your child is at risk of harm from your ex-partner’s new partner then you must contact the police straight away. You may be able to get an injunction against your ex-partner’s new partner if this is the case and they would not be able to see your children.
The answer to the question ‘can my ex stop my child seeing my new partner’ is actually contained in the response to the question above.
In short, the answer is usually ‘no’, unless there is a risk of harm and an injunction is sought. If you do not have a contact order and your ex stops you from seeing your children, it may be that you have to go to court. In this instance, it’s highly advisable that you seek legal advice.
It’s not unusual to want to do a background check on an ex’s new partner. It can be difficult to see your children spending time, sometimes even living with, another person that you know very little about. A background check on an ex’s new partner is one way people use to put their minds at rest about this new person.
It is possible to go to your local police station and ask them to check if your ex’s new partner has a record of sexual offences.
A private investigator is another way of doing a background check on an ex’s new partner.
However, it’s important to tread carefully, as you do not want to alienate your ex, or their new partner who could be a part of your children’s lives for a long time to come.
If possible, it’s always best to discuss the possibility of doing a background check on an ex’s new partner with the ex themselves, before going ahead. If you explain that you want to carry out a background check on your ex’s new partner to ensure that your children are safe and not because you don’t trust your ex’s judgement, this should hopefully help to alleviate any bad feeling.
Finally, rather than conducting a background check on an ex’s new partner, it may be worth spending some time with him/her so that you can get to know them better. Hopefully, this will help to put your mind at rest.
Unfortunately, the question ‘can my ex claim money from my new partner’ does not have a simple ‘yes’ or ‘no’ answer. Every case is different.
For example, if you and your new partner are living together and if you have not yet finalised your divorce financial settlement with your ex and your ex would like spousal maintenance, your ex could say that because you and your new partner are living together, more of your money is freed up for spousal maintenance so they should have more spousal maintenance. However, the money would be coming from you, not your new partner.
As you can see, the answer to the question ‘can my ex claim money from my new partner’ is not as straightforward as it first appears. As always, it’s important to seek legal advice specific to your circumstances.
For more information on child contact issues call our family law solicitors on 0845 862 5001 or email firstname.lastname@example.org.
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