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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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Hi. My divorce has just come through and my solicitor has just

Customer Question

Hi. My divorce has just come through and my solicitor has just written to my ex husband to transfer our council tenancy to my sole name. He is refusing until I allow contact with the children. I arranged mediation which he didn't arrive to. We have 4 children and he will only take 1 at a time which both I and the children refused. I have never stopped him having it's simply been that I said all go together and he says no.
We now need to take this to court. Will the courts agree that child contact need to be sorted first or will it be just the tenancy? Any help would be appreciated. I've paid out for mediation twice and do not want child arrangement court fees when all I want accomplished is his name off the tenancy. He had been left a year and I have paid full rent since
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.
How old are the children and what contact have you offered?
Clare
Customer: replied 2 years ago.
The children are 9, 5, 3 and 2. I offered every other weekend Saturday. 10-6 and Sunday 10-4. The eldest did not want to stay overnight. Our 5 year old refuses to go all together. We tried 2 at a time for a few months before with all children crying as they didn't want to go and eventually 2 refusing.
Expert:  Clare replied 2 years ago.
Hi
Has he actually refused to accept the offer of contact
Clare
Customer: replied 2 years ago.
Yes they claim he cannot accommodate 4. Though this is not to sleep
Expert:  Clare replied 2 years ago.
Hi
Where does he live?
Clare
Customer: replied 2 years ago.
Literally around the corner with his man and his girlfriend.
Expert:  Clare replied 2 years ago.
HI
When did the children last see him?
Clare
Customer: replied 2 years ago.
Last September. They then went for one day over christmas
Expert:  Clare replied 2 years ago.
Hi
The two issues - the transfer of the tenancy and the issue of contact are entirely separate issues and no court will link them
You can apply to the court for the Transfer of the Tenancy and this will be granted.
If your ex wishes ti have contact with the children then he will have to apply to the Court for an order.
However at this point it would be sensible to offer contact once a week for three hours in a Sunday afternoon and make it plain that if he does not accept it then his only option is to apply to the court.
I hope that this is of assistance - please ask if you need further details
Clare

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