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Ask Clare Your Own Question
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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My son sees his 2 year old daughter every two weeks from a

Resolved Question:

My son sees his 2 year old daughter every two weeks from a Friday evening to a Sunday evening. He pays his ex £100 a month outside of the CSA and as agreed with his ex....but my sone is having trouble talking to his daughter over the phone. He can't talk during the day and has to call her in the morning as he is travelling home on the underground in the evening before her bedtime. . Now his ex is saying he can't talk to her in the mornings as she is doing the school run. Is there anything he can do? Please help!
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 other times can he suggest?
How often does he phone her?
Clare
Customer: replied 3 years ago.

Hi Clare - my son tries to speak to his daughter every couple of days as she is definitely a 'daddy's girl' and he misses her terribly. It takes him two hrs to travel each way to and from work and works either 9 to 6 or 8 to 5. Phone calls made at work are frowned upon as it is a sales environment for a French catering company. His ex leaves for the school run at 8.45 and is back around 4. His daughter is with a childminder between these times and she goes to bed around 6.30. He has tried to suggest time when his daighter is available i.e. he called at 8.25 the other morning and his ex said he could not speak to her despite hjis daughter being next to his ex and calling 'daddy'!. Hope this helps as he is on the verge of giving up as his ex is making things extremely difficult for him. It was her decision to break the family up in January. We know from past experience that she has done exactly the same thing with the father of her other two children. She keeps forwarding his txts and her replies to me too, which I do not respond too as they are both adults (she is 28 and he is 24) and they should be able to sort this out between them. Thanks

Expert:  Clare replied 3 years ago.
Hi
How far in advance does he know his rota?
Clare
Customer: replied 3 years ago.

He does 3 weeks at the 09:00 to 18:00 and 1 week at the 08:00 to 17:00. He may, on occasions, need to work until gone 18:00 on an early shift as they have training on new products. On the whole, this is a regular rota.

Expert:  Clare replied 3 years ago.
Hi
So could he phone twice a week at 6.10 - delaying his homeward journey - apart from one week in four?
Clare
Customer: replied 3 years ago.

As his return journey takes two hours (the tube is next door to his work) and he cannot gurantee the time he leaves, I suppose he could ask the question - but knowing the sort of response he is likely to get (i.e. if he does not call exactly at the time he says he is going to - his ex refuses to answer his call or tells him that he can't speak to his daughter) I am not convinced that this will work. I think he will just give up trying to call his daughter in the end as he is at his wits end and in reality does not want to continue trying to get this resolved with this ex as he feels he is fighting a losing battle.

Expert:  Clare replied 3 years ago.
Hi
The only way that the court will order telephone contact is if it can be within a reasonable time period - and 6 to 6.30 is reasonable since it fits in with his work and her bedtime - whereas first thing in the morning is likely to be seen as interfering with the school run I am afraid
He should try and negotiate with his exe using Family Mediation (www.familymediationhelpline.co.uk) - and he can find some ideas on this website
http://theparentconnection.org.uk/
Please ask if you need further details
Clare
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