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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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Im trying to get some legal help for my brother whos having

Resolved Question:

I'm trying to get some legal help for my brother who's having a tough time with his ex-wife. They divorced 3 or 4 years ago. He lives in Scotland and she has moved down to Manchester with their 2 boys. She usually lets him visit the boys once a month, but recently has been refusing access and making it very difficult for him to arrange a weekend to come and see them. Is there anything he can do to make her agree to 'set weekends' for regular visits?
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.
How old are the children?
Clare
Customer: replied 3 years ago.

Hi Clare


They are 2 boys, aged 6 and 10.


Thanks, Sally

Expert:  Clare replied 3 years ago.
Hi
Just to check - how long ago did she move?
What excuse has she given for refusing?
Does he want longer contact during the holidays?
Clare
Customer: replied 3 years ago.

Hi


She moved when they separated about 4 1/2 years ago and now she just says they're busy when my brother emails to arrange a date. She's never agreed to arranging visiting dates in the future (apart from for the holidays), so it always has to be done 1 visit at a time, but this means now that she says they're busy or the children have a sleepover etc.. that it can become nearly 6-8 weeks between his visits.


 


They split the holidays fairly equally, so I don't think longer visits in the holidays would work. I think the issue is more that he likes the regular contact in term time in order to ensure his relationship with the boys doesn't deteriorate.


 


Sally


 

Expert:  Clare replied 3 years ago.
Hi Sally
That's fine - it is good to know he gets the holiday contact - so to be clear what he wants is a set pattern of monthly contact.
The law says that children is entitled to regular contact with both parents and the courts will enforce this.
Clearly it benefits everyone if there is a set pattern - the first friday or whatever in the month unless it is holiday time or something similar.
Your brother should try and discuss matters with his ex using Family mediation (www.familymediationhelpline.co.uk) but if that fails then he can apply to the County Court local to her for a defined contact order
The form he needs is here
http://www.thecustodyminefield.com/CourtForms/C100.pdf
The fee is £215 and you can read more about the process here http://www.cafcass.gov.uk/media/168195/cb7-eng.pdf
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Thanks Clare - i'll forward that on to him.

Expert:  Clare replied 3 years ago.
Hi
You are most welcome I hope all goes well
Clare
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