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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33275
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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due to the contact going from Monday-Friday 3.10pm-5.30pm and

Customer Question

due to the contact going from Monday-Friday 3.10pm-5.30pm and every other weekend saterday 1pm-sunday 6pm to only wednesday3.10pm-5.30 pm and Friday 3.10-5.30 and everyother weekend sat1pm-sun6 pm if she hasn't arrainged something would you advise taking her to court and what sort of case do we have
Submitted: 3 years ago.
Category: Family Law
Expert:  Stuart J replied 3 years ago.

How old are the children?

Customer: replied 3 years ago.


13, 10 and 5

Expert:  Stuart J replied 3 years ago.

If she wont agree to mediation (which will hopefully talk some sense into her), you have no option but court.

It wouldnt be un reasonable to have overnight staying contact every other weekend, and either regular days in the week contact or an overnight in the week subject to school routine of course.

More?

Customer: replied 3 years ago.

has she got any rights to stop the children from seeing there grandmother is they want to.

Expert:  Clare replied 3 years ago.
Hi
How old are the children and is there any reason why contact should not run from friday to sunday?
Claire
Customer: replied 3 years ago.

the children are 13, 10 and 5 and the only reason we cant have the children Friday night is because my partner works nights he was having the children on his weekend over 2 nights a week saterday night and sunday night but his ex wife stopped that.

Customer: replied 3 years ago.


no there is no reason she has just become awkward as the children have resumed contact with there fathers mother and as she fell out with my partners mother many years ago she now is giving my partnere minamum contact


 

Expert:  Stuart J replied 3 years ago.

So basocally she is just being awkward?

What was the issue about some years ago between her and the children's grandmother?

What do you mean by if she hasn't arrainged something etc?

 

Customer: replied 3 years ago.


it was a disagreement over if my partner was home or not and my was genuinely out and his mother all she asked via a phone call was my partners ex wife just saying he wasn't there to be awkward and she didn't like that and so that is why they fell out. Also my partners ex wife is into her horses and is very pushie with the children so she arrainges to go to shows and for them to go to lessons or go out visiting horsie friends during my partners time and on his weekends. My partner hasn't got an issue with the children riding etc but it is always planed for all the events to happen on his time and not on hers. On her weekends the children spend all there time with her mother and father which is her choice but she doesn't see why my partner should have a problem with her arrainging things for the children in his time.

Expert:  Stuart J replied 3 years ago.








Thank you. I just wanted to make sure that the
disagreement had nothing to do with the children, which clearly, it doesn't



It would be as well to get contact either agreed between
them or set out in a court order to provide certainty for the X and your
partner and more importantly, for the children so that they know who they are
going to be with and when.



That way, your partner and his ex-can arrange things for
the children.



If, however, they cannot agree things between them, the
court will make a decision and it is likely to be based more on what was
originally agreed them what she is now offering



Expert:  Clare replied 3 years ago.
Hi
Realistically I am afraid that you are not likely to get back contact every day as you had before - indeed average contact is in fact one evening a week plus alternate weekends Friday to Sunday and half the school holidays
However if there is an order then at least the time will be protected and can only be altered if both parents agree
Claire
Expert:  WendyW-Mod replied 3 years ago.

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