How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33545
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

my daughter and husband have seperated because she is going

Resolved Question:

my daughter and husband have seperated because she is going through somemental health issues, her husband has taken the child to live with his parents, the understanding was that my daughter would be able to skype and visit with the child but now her husband is saying she can't see him until she is more mentally stable, he is now also limiting when she can call her son as well. She is very high functioning but their relationship was precarious to begin with...does she have any recourse? She lives in England and we, her parents live in Canada, she is 41 and her husband is 37...the child is 7.
Submitted: 2 years ago.
Category: Family Law
Expert:  Nicola-mod replied 2 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,

I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
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.
What is the nature of the mental health issues?
Clare
Customer: replied 2 years ago.

She suffers anxiety and depression...she has been on medication etc for years, she has continually asked her husband to support her but to no avail. She sees a doctor on a regular basis, she has seen pyschiatrists etc as well and because she has had to move she is waiting to get in with a new doctor in her community. She was diagonosed with a brian tumor 3 years ago which has now been said to have caused excruititaing headaches with have diminished somewhat. Because they were in financial stress she had to contiue to work but as she had more absent days due to illness she was let go from her position with NHS which was the straw that broke the camels back. As parents they decided together, that it was best if she got a place of her own, the child to live with his father until such time as they got back on their feet so to speak. This was supposed to be a temporary situation until her health was better. My son in law has taken the child to live with his parents in Cheadle, he works during the week in Honiton and goes to Cheadle on weekends. He has not allowed Kimmie to see Benjamin or talk to him much since the 14th of February and he says he won't until she is "mentally stable". Kimmie recognizes that Benjamin needs to be in a healthy atmosphere but she didn't realize she would not be able to see or speak to him

Expert:  Clare replied 2 years ago.
Hi
Just to check - your daughter is holding down her job and there has been no issue of harm to the child?
What contact does she feel that she can cope with?
Clare
Customer: replied 2 years ago.
No, she was dismissed from nhs because of too many sick days and all she is asking for in terms of seeing her child is occasionally and just talking on the phone at the moment. He has never been in any physical danger. Her husband has said he will determine when she can see him or not.
Expert:  Clare replied 2 years ago.
Hi
Has anyone other than her husband raised any issue about her ability to cope with the child?
Clare
Customer: replied 2 years ago.

No, no one else except his family. She realized herself that the arguing and fighting was affecting her child so in herself she knew she was causing some pain all round, however, she did do this voluntarily with the understanding she would at least be able to talk to her son.

Expert:  Clare replied 2 years ago.
HI
The law says that a child is entitled to regular contact with both parents and the courts will enforce this if necessary
Unless there is a serious safeguarding issue which means that the child will be put at risk if there is contact - which is clearly not the case with your daughter
She should try and discuss matters with her ex using Family mediation (www.familymediationehlepline.co.uk)
but if that fails she may need to apply to the court for a Defined Contact Order
She can read more here
http://theparentconnection.org.uk/
https://www.cafcass.gov.uk/media/168195/cb7-eng.pdf
I hope that this is of assistance please ask if you need more information
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33545
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    160
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4598
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.com/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1064
    Family Law - Specialist in Divorce, Financial Relief and Children Matters