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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33810
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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What is the legal definition of morning?

Resolved Question:

What is the legal definition of 'morning'?
Submitted: 3 years ago.
Category: Family Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Could you explain your situation a bit more please?
Customer: replied 3 years ago.


In the context of a shared residency order could returning the children to the other parent defined as 'morning' mean that this can be 9.00am or 12 noon or any other time?

Customer: replied 3 years ago.

Have you received my reply?

Expert:  Jo C. replied 3 years ago.
Just to let you know, from your response this is clearly a family matter which is not my area so I've passed it onto others for you.
Customer: replied 3 years ago.

Thank you. I await a reply from any solicitor with the answer to my question.

Customer: replied 3 years ago.
Relist: Other.
No answer to my question from my 'expert'. Is someone else going to help
Customer: replied 3 years ago.
Relist: Other.
No answer to my question from my 'expert'. Is someone else going to help
Customer: replied 3 years ago.
Relist: Other.
No answer given! Is some other expert going to help with my question or is my deposit being refunded?
Expert:  Nicola-mod replied 3 years ago.
Hello,

I apologise for the delay.

I have moved this to the correct category now and one of our Family Law experts should pick this up later tonight.

Thank you for your patience,
Nicola
Customer: replied 3 years ago.

Is a new 'expert' able to give me an answer?

Customer: replied 3 years ago.
Relist: Other.
I have still not received an answer to my question!
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
What does the Order actually say?
Clare
Customer: replied 3 years ago.

Ex-husband;


Week 1: Monday night from school (or equivalent time in the school holidays) until Wednesday morning. Friday night from school ( " " ) until Monday morning.


Week 2: Wednesday night from school (or equivalent time in school holidays) until Monday morning.


 


Mother to have children at other times.


His interpretation of morning is 09.00am. Is there a legal argument that would stand in court giving morning as meaning up to 12 noon?


Mother wishes to get back to work but the extra 13 hours a week put on her by the ex. stops her from doing so.

Expert:  Clare replied 3 years ago.
Hi
So he has them five nights every week?
Clare
Customer: replied 3 years ago.

Sorry No! He has them 7 nights in every 2 weeks as the mother does.


He has made sure of that for benefits purpose.


 


Ellis.

Expert:  Clare replied 3 years ago.
Hi
How old are the children
Clare
Customer: replied 3 years ago.

Hi Clare


Boy - 13


Girl - 11


Boy - 5

Expert:  Clare replied 3 years ago.
Hi
I am a little confused by the "extra 13 hours a week" you refer to?
Clare
Customer: replied 3 years ago.

The father hands the children back at 9.00am in the morning when he has had them the night before. The mother can only hand them back at 15.15 after school. this means an extra 6 1/2 hours twice a week that the children are her responsibility; hence the 13 hours extra.


You are not the only one confused by these arrangements but they were put to the court by father to suit his working hours.


Ellis.

Expert:  Clare replied 3 years ago.
Hi
I assume you mean the father takes them to school?
Clare
Customer: replied 3 years ago.

 


Clare
Yes,unless 1 or more are ill. Mother is then responsible for them at school, and if ill he drops them off at her home. Holiday time he drops them off at 9.00am, hence the disparity of responsibility. The extra 13 hours per week!


Ellis.


 

Expert:  Clare replied 3 years ago.
Hi
In fact they are both responsible for the children whilst they are at school - it is a matter of which parent the school contacts.
What happens when the Monday is a Bank Holiday and the ex does not have to work?
Clare
Customer: replied 3 years ago.

Clare


He still drops the children off at 9.00am whatever!


He is a hard nut to crack. He will not agree to any


suggestion put forward by the mother. His only intent appears to be to damage the mother any way he can.


Can she legally say drop the children at 11.59am (still morning!) and not 9.00am?


Ellis.

Expert:  Clare replied 3 years ago.
Hi
She can say it - but unless she ensures that she is not there at 9am to receive them then she cannot enforce it.
If she is willing to do this then they can play a game of brinkmanship - which frankly is not wise when there are children involved.
If your friend finds this impossible then she will have to apply to the court to vary the order to make allowance - but it is hard to see how this could be seen as a good use of court time - something the Judge is likely to say sharply.
I am sorry not to be more positive - but this is a realistic reflection of the position she is in
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Clare


Thank you for your reply.


The response of the father to sharing the children 50/50 is to offer the mother Wednesday evening one week and Sat/Sun the 2nd week, effectively taking the children off her. Would the court view this a reasonable response?


The mother needs to work and is only paid 47 pence by the father per week for 2 children (under revue by the CSA) but without returning to court can not move to 50/50 shared care of the children. Should she have to lose her children because she cannot return to work?


Ellis


 

Expert:  Clare replied 3 years ago.
Hi
I am sorry I am not sure I understand that.
Nor am I sure I understand why this problem means that the mother cannot work?
Clare
Customer: replied 3 years ago.

Clare


The problem is complicated by the hours set by the court.


Week 1: mother has children at 9.00am Monday until 15.15pm on Wednesday; father from 15.15 Wednesday until 15.15 Friday. The only full day being Thursday. (Mother has them the weekend).


Week 2: mother has them until 15.15 on Monday and they are back with her at 9.00am Wednesday until Friday15.15pm. The only full day


without the children being Tuesday. Wednesday one week and


Tuesday the next makes it very difficult to work!


Do you have a practise in Cheshire where we could consult you?


Ellis.

Expert:  Clare replied 3 years ago.
Hi
Since the children are in school it is only school holiday cover that is effected - is that not correct?
Clare
Customer: replied 3 years ago.

Clare


Not entirely. collecting the children at 15.15 four days out of 5 makes it difficult to work in term time and makes it virtually impossible in holiday time.


Ellis

Expert:  Clare replied 3 years ago.
Hi
I am sorry I am not sure that I entirely understand what your friend wishes to change.
Your question was originally focussed on the issue of return time during the school holidays - but it appears now that she actually wishes to change the arrangement totally ?
Clare
Customer: replied 3 years ago.

Clare


I'm sorry if I have confused you. She would like the father to have 50/50 care and responsibility of the children i.e. the same number of hours she has. This would mean all changeovers taking place at 15.15 in term and holiday time and not the forced time of 9.00am set by the father.


Ellis.

Expert:  Clare replied 3 years ago.
Hi
Might I ask how this will change things for her in terms of work?
Clare

Customer: replied 3 years ago.

Clare


It gives her until at least 15.15pm each day in term time and cuts down the amount of child care needed in holiday time.


Many thanks for your patience. Whatever she decides the father will not agree to any change to the court order hence the question of definition of 'morning'. At least 11.59am would be better than 9.00am if only for 3 hours less child care costs, assuming she can obtain a 'job' with the crazy hours forced upon her.


Ellis.

Expert:  Clare replied 3 years ago.
Hi
Sadly I am afraid that there is no way that this can be forced - other than as set out above!
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33810
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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