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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34234
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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Hi, I am splitting with my partner and we have a 6 year old

Resolved Question:

Hi, I am splitting with my partner and we have a 6 year old son. So far everything as been very amicable but he is starting to get pushy with regards XXXXX XXXXX
I do not want to go down the court route and have been firm in what i say so that my son as structure for the week.
What are my rights if my ex does not bring my son home during his time to visit as this is a fear i have and people keep telling me different things.
Thanks
april
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 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.
What contact does his father have at the moment and what has he asked for?
is the father named on the Birth Certificate and has he threatened to take the child at all?
Clare
Customer: replied 3 years ago.

The fathers name is XXXXX XXXXX birth certificate at present he is asking for every weekend and once during the week, however i have said no to every weekend as i work full time and would not see my son unless it was before and after school.


I have offered every other weekend and twice during the week but have said this is flexible if my son wanted to see him after school he can come to the house.


It wasn't a threat he made to me directly but a comment passed from a friend that he said to him about not having to return him

Expert:  Clare replied 3 years ago.
Hi
Does this include overnight contact?
Clare
Customer: replied 3 years ago.

Yes friday and saturday every other weekend and then Tuesday and Thursday every week

Expert:  Clare replied 3 years ago.
Hi
The law says that a child is entitled to contact with both parents and the courts will enforce this if necessary
The offer that you have made is very reasonable - the court understands that both parents need to have a weekend with the child!
You could try and discuss this with your ex using Family mediation (www.familymediationhelpline.co.uk)
You can also find out more on this website
http://theparentconnection.org.uk/
Your ex like you has Parental Responsibility for the child so if he does not return him after contact you will have to the court for a Residence Order stating that the child lives with you - then the police will be able to assist you.
I hope that this is of assistance - please ask if you need further details
Clare
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