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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33325
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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I attend the family court re ongoing access to my daughter.

Customer Question

I attend the family court re ongoing access to my daughter. Each time I attend the court my ex partner lists a number of things she feels that raise concerns (we have been through all the processes including CASCAF} who were very supportive and recommended continuous comunication and found no reason to reduce my access but sought to encourage an increase . Whilst I agree the welfare of my daughter is paramount In the meetings I feel that my views/feelings are not heard so conceed to adhere to all put before me just so as I can continue to retain contact. I do not have representation and am not in a position to afford this there is no issue with child maintanance. Would a personal letter to the judge be worthwhile or can anyone speak/write on my behalf on the day {I have copies of supporting letters}? it just seems only the mums words are heard
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Claire and I will do my best to help you but I need some further information first.
How old is the child and what is the next hearing meant to be about?
Claire
Customer: replied 3 years ago.


she is 6years of age


to review the reinstatement of the the overnight visits.These were stopped because my daughter displayed distress to her mum they were reinstated and 4 overnight visits have taken place without issue from my side she had been happy sleeps well and shows no distress. I am aware that my daughter picks up on the situation. I understand that I am always on the wrong end and there will always be fault found but I try not to judge or be negative about anything in reverse just want a father daughter relationship and an input into her life

Expert:  Clare replied 3 years ago.
Hi
So despite all the mothers allegation's you have won in court each time?
Claire
Customer: replied 3 years ago.


Put like that to a degree but mum uses the court directives as a wepon rather than a way forward to a firm settlement of visiting . But it is the constant re referral back to the courts as a result of mums request. I sent mum an e-mail last night with my work schedule for the next 6 months (which as everyone will be subject to change )to arranage ongoing visits and yet again a request to pick her up from school one evening and take her out for tea. As always am told she is busy with a school friend and I must understand that they have a busy life with arrangements made many months in advance. If I phone as arranged its not answered. Told me she will not arrange any further dates until we have been back to court on wednesday next as she has further issues again

Expert:  Clare replied 3 years ago.
Hi Duncan
Is your ex represented and whose application is it - yours or hers
Claire
Customer: replied 3 years ago.

Hi Clair
yes she is represented. I took the case to court to have access


 


Duncan

Expert:  Clare replied 3 years ago.
Hi
Let my guess - the solicitor always speaks first?
Claire
Customer: replied 3 years ago.

Hi
Yes . She also writes to the Judge


 


Duncan

Expert:  Clare replied 3 years ago.
Hi Duncan
At the start of the next hearing simply say that you would like the chance to speak first - you are the applicant and it is your right to do so
Say this quietly to the Solicitor before you go in - a simple
" This time I would like to explain my position to the Judge first if thats ok"
Is all that is needed
When you go in simply start by saying - Sir/Madam I would like the opportunity to explain my position first if that is OK
Then outline what has happened since the last hearing
At the end say - I know there are a number of issues that the other party wants to raise but I do not beleive that they are relevant to the ordinary progress of contact
In fact be as honest as you have been with me - say you understand that arrangements do need to be made - but that you beleive that contact should be a priority and that matters will only progress if the arrangements are set out clearly
I hope that this is of assistance - please ask if you need further details
Claire

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