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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33279
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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Good Morning There is a shared residence order in place

Customer Question

Good Morning

There is a shared residence order in place and has been since February 2010. There is a warning notice attached to the order.

The children are 8 and 5 years old, there mother has taken off on holiday with her current boyfriend, and left the children with her mother.

The court order states that 'If she is to go on holiday without the children, I the father will be the first point of call for childcare'

I was not aware that the children's mother had left the country yesterday, until the children notified me of this yesterday evening on the telephone. I am due to collect the children later today for their weekend contact with me.

What should I do, do I have to return them to her mothers care on Sunday evening.

Many Thanks
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
For Clarity - she went of Friday and you were due to collect them on saturday anyway is that correct?
Clare
Customer: replied 2 years ago.

 


Yes that is correct the childrens mother left the country yesterday, for a holiday abroad which is lasting 10 days, during this time she has arranged for her Mum to care for them. I was not consulted, and as per the court order they should be staying with me. I am due to collect them shortly this evening (Saturday).


 


Many Thanks

Expert:  Clare replied 2 years ago.
Hi
My apologies - I had misread the question and thought mum was back tomorrow!
I assume that you are able to make provision for their care for the next ten days - if this is indeed the case then no you do not have to return the children to their grandmother on Sunday evening unless you are willing to do so.
You do of course have to ensure they attend school - and it would be sensible to inform the school IN WRITING that you do not authorise their grandmother or any other person to collect them
You are the only person currently in the Country to have Parental Responsibility so you are the only person entitled to have them in your care
However you do of course need to consider what is best for the children
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

I went to collect my children yesterday evening (Saturday) and their grandmother would not let me collect them. The reason for this is that the children's mothers had asked her to look after them while she is on holiday.


 


I tried to explain about the court order, but she wouldn't listen. I didn't want to make a fuss in front of the children and said I would come back in the morning. What should I do?


 


The childrens mother constantly changes contact without prior notice, stops telephone contact and now this.


 


In the court order the children come to stay each weekend and we have a very good relationship, this has worked until recently when the children's mother has tried to restrict this, over the last few months.


 


If the children come to stay I can provide the care they will need, the school is aware of me and I am able to take them and pick them up at the end of each day, so there are no issues there.


 


It's just what should I do next, if the children are with me it is not going to go down well with their mother when she had made other arrangements. It feels like she is trying to cut me out of their lives.


 


Many thanks for your help.

Expert:  Clare replied 2 years ago.
Hi
What actually happened at the last hearing - and when was it?
Clare
Customer: replied 2 years ago.

We went to court in February 2011 and a shared residence order was awarded.

 

It states the weekly contact patterns, daily telephone contact, mid week contact and the clause about the children's mother going on holiday without them. I am also entitled to half of all the school holidays. So I was very pleased with the outcome.

 

Until recently it has worked, now the children's mother seems to do anything to stop me seeing them. What should I do?

 

Someone I know suggested I take it back to court and get the order enforced, is this something I should be doing, or will it just cause more trouble.

 

Many thanks

Expert:  Clare replied 2 years ago.
Hi
You have three options.
1. Do nothing and try and discuss matters with your ex when she returns using Family mediation (www.familymediationhelpline.co.uk)
2. Collect the children from school on Monday and keep them for the rest of the time - this is obviously likely to lead to a confrontation when your ex returns
3. leave matters for now and apply to the Court to enforce the Order - this is much less confrontational and will allow you to discuss in court the other difficulties that have arisen as well
Clare

Customer: replied 2 years ago.

 


I intend to try and collect my children this morning, hopefully their grandmother will be more reasonable that yesterday.


 


I do not wish there to be any confrontation, as it is not in the children's best interest.


 


If I apply to the court to have the order enforced what does this involve.


 


I was advised to keep a diary of all the events that happen, change in contact etc, this I have done for a number of years, so everything is recorded.



Many thanks again.

Expert:  Clare replied 2 years ago.
Hi
You apply to the Court using a form C79 available here
http://www.familylaw.co.uk/system/uploads/attachments/0002/2151/C79_1108.pdf
based on what has happened this weekend
Clare

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