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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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My ex is trying to restrict my seeing my daughter even though

Customer Question

My ex is trying to restrict my seeing my daughter even though we have had the same(frugal)arangement for at least four years.What can i do please
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 is your daughter and what contact do you have at the moment - and what contact are you asking for?
Clare
Customer: replied 3 years ago.

hello,


Meg is eight and my access has been overnight tues tea on wednesdays alternate fri and wkends.This has not changed for four to five years.I'm not asking for more just to stay the same.I know woulnt get more.thank you

Expert:  Clare replied 3 years ago.
Hi
What changes is she suggesting - and do you get extra time in the school holidays?
Clare
Customer: replied 3 years ago.

it is suggested drop tue and wed or sat and sun.I get a 6 days summer and 1 day other hols and alternate xmas for 6 days or less-it all came about after askin gparent to respect my few days with meg as arangements are madeto take her out when its my time with her

Expert:  Clare replied 3 years ago.
Hi
Just to check - is there a court order in place - and has mediation actually been tried?
Clare
Customer: replied 3 years ago.

hi no court order.I have avoided that as that is the kind of thing my ex would want to stop me seeing my daughter altogether would lose meg for good. and mediation has been refused when suggested.

Expert:  Clare replied 3 years ago.
Hi
Are you willing to consider a Court Applictaion now?
Clare
Customer: replied 3 years ago.

Good morning,


would i keep the access i have now?


I am unemployed at the moment so going to court is probably not a good idea.Please be aware that my ex has a basic law degree which enables her to undestand all of this better than i and she WILL without doubt manipulate the situation for her gain.


Ido not intend to sound bitter but this is what happened to her ex husband and as a result he was made out to be lucifer and his offspring now do not want to know him,i do not wish that to happen to me as meg is all i have.I realise fathers do not really have a leg to stand on but surely this abuse towards myself and mainly my daughter,with whom i have a fantastic relationship should not be allowed


i am at my wits end now and this has been a last resort to see if what she is doing is legal and indeed the best for my eight year old.

Expert:  Clare replied 3 years ago.
Hi
Please do not worry - being unemployed does not effect your Contact and many many people are now making applications in person.
In addition - despite what you read in the press - most absent parents get the contact they are asking for unless there is a really good reason why not.
The starting point is to say that you wish to use family mediation to discuss her proopsed changes - and the fact that you would now like to have your daughter for half of EVERY school holiday - and maybe Wednesday nights as well
If it fails/orshe refuses mediation then apply to the ocurt for a Shared Residence Order based on that proposal - the only doubtful part is the Wednesday overnight - but since you have her for tea that day anyway you have a reasonable chance of success.
Be bold - you clearly have a great relationship with your child and THAT is what the court looks at - nothing else
You can read more aboiut court applictaions here
http://www.cafcass.gov.uk/media/168195/cb7-eng.pdf
I hope that this is of assistance - please ask if you need further details
Clare

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