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familylawexpert
familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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I am recently separated and my wife hasnt let me have the

Resolved Question:

I am recently separated and my wife hasn't let me have the children to come to stay overnight at my place since we have split... What are my legal rights as a father..?
Submitted: 4 years ago.
Category: Family Law
Expert:  familylawexpert replied 4 years ago.
Hello,

My name isXXXXX will be able to help you with your question. First I need a bit more information:

- how old are the children?
- is your place large enough for them to stay over?
- can you briefly describe how care of the children was shared between you before the separation?

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Customer: replied 4 years ago.
The children are 10 & 12 boy & girl

I currently rend a good size one bedroom apartment with plenty of room for a sofa bed a or foldaway beds

As for dare of the children.. My wife did say 75% and I did 25% we both work and are self employed we own a farm and have a bed and breakfast and livery yard also a riding school, my wife runes these

I have a seep rate business entirely which takes me all over the country. So a 75-25 split would be about fair
Expert:  familylawexpert replied 4 years ago.

Thanks.

It is not really a question of the father's (or mother's) rights, but of the children's rights to have a good relationship with both of you. I expect that unless there are good reasons to the contrary, a court is likely to consider that that would include them having overnight contact with you.

I suggest that the first step is suggesting to your ex that the two of you meet with a mediator to discuss arrangements for the children. If you didn't do this, a court would suggest that you did it anyway.
If your ex will not agree to that, email/write again saying that you would really like to mediate or in some other way come to an agreement in relation to overnight contact, otherwise you will have to make an application to the courts. If she won't agree still, I suggest you make an application to your local family court. You will have to be patient, but the court will ultimately help you and your children have overnight contact together.

I hope that is helpful.

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