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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34282
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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Hello, my daughter, aged 16, wishes not to stay with me on

Resolved Question:

Hello, my daughter, aged 16, wishes not to stay with me on the agreed days as written down in my divorce, 2 days every 8 as I work continental shifts, can she do this and what are the implications from my ex-wife's perspective as she doesn't want this to happen because she doesn't get on with me, even though she was the reason we split up in the first place by having an affair, and is using the forced access as a way of punishing me! Can my ex-wife then, if my daughter no longer wishes to stay with me on the agreed days, drop my daughter off at my house and force me to be the parent with care and take full responsibility for her, 7 days a week? Regards Alan.
ps I pay my ex-wife £250 per calendar month in voluntary child maintenance (which I have used the CSA's maintenance calculator to work out that for the amount of days per year I have my daughter stay with me, I am paying over and above what I should, as it worked out to be about £177 per calendar month) and I earn approx £1,500 per calendar month in net wages. We have been separated for over 4 years and divorced for 2 years now.
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.
At 16 it is for your daughter to decide where she stays - and if she does not wish to stay with you then she cannot be forced to do so.
If she is dropped off at your house she is free to make her way to a friend house - or anywhere she pleases and you cannot prevent her from doing so
Equally you can refuse her entry and no one can force you to let her in
I hope that this is of assistance - please ask if you need further details
Clare
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