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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33318
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 have separted from my partner of 12 years which was her doing

Customer Question

I have separted from my partner of 12 years which was her doing she had an affair with a married man and left. I pay her maintenance money every month and have my children every Wednesday night and every other weekend. Over the last 2 weeks she has stopped me from speaking to the children which I was doing every night. She has not been switching on my son's phone, where do I stand legally?.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
How old are the children and are you named on the birth certificate
Clare
Customer: replied 3 years ago.


They are 3 and 5 and yes I am named on the birth certificate

Expert:  Clare replied 3 years ago.
Hi
Does she speak to the children when they are with you?
Clare
Customer: replied 3 years ago.


No she never calls to speak to them never.

Customer: replied 3 years ago.


Are you still there?

Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay
This is not an easy issue to deal with
has she said she finds the phone calls disruptive?
Would you be able to manage an extra mid week night?
Clare
Customer: replied 3 years ago.


No she does not find them disrupitive, she is just being very akward. Is it against the law to not be able to speak to your children when you wish to do so, be able to contact them when you would like?.

Expert:  Clare replied 3 years ago.
Hi
It is not against the law - however the issue of contact - face to face or phone is a matter that parents have to agree - and if they cannot then it is a matter for the Court to decide.
It is unlikely (not impossible) that the court will order daily telephone contact in addiction to the existing overnight contact - although I would expect the court to order some phone contact in the week that you do not see them at the weekend.
The starting point is to try and negotiate with your ex using Family mediation (www.familymediationhelpline.co.uk)
If that fails you need to decide whether or not it is a matter that you wish to take to court - bearing in mind the fact that the outcome is not clear cut - or indeed if you wish to extend the visiting contact as well (hence my question)
There is some assistance on this website
http://theparentconnection.org.uk/
and details on court applications here
http://www.cafcass.gov.uk/media/168195/cb7-eng.pdf
but please ask if you need further details
Clare

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