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Nicola-mod, Moderator
Category: Family Law
Satisfied Customers: 9
Experience:  Moderator
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Hi, I am currently going through a break up with my wife due

Customer Question

Hi, I am currently going through a break up with my wife due to some infidelity on my part. We are not yet divorced and as yet there has been no mention of it, i have moved out of the family home and we are living separate lives at the moment. We have a 4 year old daughter together and I was just wondering what my options are, I currently get to see her for about 14 hours per week but I feel this is not enough, I don't want things to get nasty as I still love my wife, however I believe the time I get with my daughter is simply not enough. Could you please give me some advice?

Submitted: 2 years ago.
Category: Family Law
Expert:  familylawexpert replied 2 years ago.
My name is Mac and I will be able to help you with your question, but first I need a bit more information:

- has the marriage definitely broken down irretrievably?
- have the two of you tried counselling?
- what is your accommodation like at the moment, and would you like your daughter to stay over?

Customer: replied 2 years ago.

I have suggested counseling to no avail, in her Words we are never getting back together, so as it stands no chance at all... Regarding my living situation yes I have a spare room for my daughter.

Expert:  familylawexpert replied 2 years ago.

That is a shame.

Okay, so the next thing to try is to suggest that the two of you enter into mediation to discuss ongoing arrangements for your daughter. Have you tried that?
Customer: replied 2 years ago.

She is been stubborn in that visitation is on her terms, like I say I don't want to have to go down the legal route, but I need to know my entitlement

Expert:  familylawexpert replied 2 years ago.
Ultimately, going to court is potentially expensive, but it does at least provide a solution if the mother won't cooperate.

However, it is not a question of "your entitlement", but of the rights of the child. A court will make the order for contact that it thinks is in the best interests of the child in question. Normally this means that a child should have as good a relationship with both parents as possible, and that ultimately this will include overnight contact etc, but the outcome always depends on the facts of the particular relationship.
Expert:  Nicola-mod replied 2 years ago.

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