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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33323
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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Hello, I have been divorced since the 06th of September 2013.

Customer Question

Hello, I have been divorced since the 06th of September 2013. However, I do not have an agreement where my ex-husband and I define how to stay with our son during holidays. We drafted a calendar, but, he is refusing to sign it. Each time that I want to go on holiday, he is creating issues in the last minute. He now wants to change the weekends arrangements. I have been asking for us to meet alone and discuss it in order to reach an agreement but he is refusing. He now reduced the monthly amount saying that if I do not take our son to his house in the weekends that he should be with him he will charge me for the mileage. How can I force him to meet with me and have an agreement that he will stick to without creating any stress on me?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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 is your son and what is the current pattern of contact?
How was Child Maintenance set?
Clare
Customer: replied 2 years ago.

My son is 4 years old.


The pattern of contact has been every other weekend with his father from Friday night until Monday morning. The holidays have been difficult because my ex-husband tries to reduce the contact to much less than 50%.


The child maintenance has been agreed within the Financial agreement. However, the financial agreement does not set the pattern of contact.


 


Anabela

Expert:  Clare replied 2 years ago.
Hi
Has the Financial Order detailing the maintenance sealed by the Court?
Clare
Customer: replied 2 years ago.


The maintenance is sealed in the financial order. There is an exact amount but it does describe the quantity of days or which days in the year.


 

Expert:  Clare replied 2 years ago.
Hi
What date was the Order made?
Clare
Customer: replied 2 years ago.

5th of September 2013.

Expert:  Clare replied 2 years ago.
Hi
There are two issues here - the maintenance and the contact - which is it that you want assistance with?
Clare
Customer: replied 2 years ago.

Yes.

Expert:  Clare replied 2 years ago.
Hi
I think you mean both!
So far as the maintenance is concerned until September your only option is to take enforcement action
The details are given here
http://www.familylaw.co.uk/system/uploads/attachments/0002/1197/EX327.pdf
DO NOT register the Order with the Magistrates Court.
With regard to the issue of contact you cannot force your ex to have the child for half of the holidays unless he wishes to I am afraid.
You can offer to discus matters with him using Family mediation (www.familymediationhelpline.co.uk) but if he refuses and you wish to have a set pattern of contact your only option is to apply to the court for a defined contact order
More details here
http://www.cafcass.gov.uk/media/168195/cb7-eng.pdf
and more general information here
http://theparentconnection.org.uk/
I hope this is of assistance - please ask if you need further details
Clare

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