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Ask Clare Your Own Question

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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i have recentley split from my partner of 10yrs 12wks ago,

Customer Question

i have recentley split from my partner of 10yrs 12wks ago, i have 2 children aged 2 and 4 which i have parental responsibilty my problem is access to them i have consistantley had them 3 nights aweek since the split she is now saying i can have them only 1 night and every other wkend i have seeked legal advice with a family law solicitor who has put a letter together asking for 2 nights and every other wkend my partner has received this letter and said i will have to take this to court.i am askin what my chances are at being successful in this?I live back at home with my parents as i left her in the home to cause as little disruption as possible to the children my parents have had a great input in my childrens lifes and have spent many wkends at their home i work full time and provide for my children.
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.
Has she said why she wishes to change the arrangements?
Clare
Customer: replied 2 years ago.

No, she is just not wanting to co-operate with anything and wanting full control of the children and making these decisions and i feel she thinks i have no parental rights i have been a stable father in both their lives from birth even when i have worked away always spoke to the 4 year old and had face time with her and want to continue my contact as a father

Expert:  Clare replied 2 years ago.
Hi
What nights are you requesting?
Clare
Customer: replied 2 years ago.

Monday,Wednesday and every other wkend

Expert:  Clare replied 2 years ago.
Hi
When you say weekend - do you mean Friday to Monday?
Clare
Customer: replied 2 years ago.

No Friday to Sunday tea time.

Customer: replied 2 years ago.

Can she just disappear with the kids and what are my rights cos that is what i think she may be planning surely i have some rights

Expert:  Clare replied 2 years ago.
Hi
The law says that children are entitled to regular contact with both parents and the courts will enforce this if necessary
You should try and discuss matters with your ex using family mediation (www.familymediationehlpline.co.uk)
If that fails then you will need to apply to the court for a defined contact - or even a shared residence - Order.
You can read more on these sites
https://www.cafcass.gov.uk/media/168195/cb7-eng.pdf
http://theparentconnection.org.uk/
I have assumed that you are named on the Birth Certificates and have Parental Responsibility - if not then you will need to apply for that as well
I hope that this is of assistance - please ask if you need further details
Clare

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