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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
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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Hi, after regular contact, including holidays abroad, with

Resolved Question:

Hi, after regular contact, including holidays abroad, with my 9 year old daughter, my ex wife has blocked all contact, phone & face to face. I am on the birth certificate hence have parental responsibility and at divorce we agreed she came to stay with me fortnightly at a weekend and then school holidays. I have read that I should send a letter , registered, to try and reinstate this or threaten legal action (I do not think she would attend mediation).

Should the letter be written by a solicitor?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX
I will do my best to help you but I need some further information first.
How long is it since you have seen your daughter and what explanation (if any) have you been given for the refusal?
Clare
Customer: replied 3 years ago.
Hi Clare , it had been 4 weeks now and all started due to a petty argument about my daughters passport. My ex objected to me holding the passport even though I arranged and paid for it. My ex never goes away where as we go abroad twice a year + weekend trips to the continent with my daughter . I am concerned that if she holds the passport she will not give it back when we need to go away.
Customer: replied 3 years ago.


Hi Claire, just as an update she has also blocked my mother, (My daughters grandmother) from access as well. I travel abroad with work and do request that my mother collects my daughter from time to time when my flight time are a little inconvenient. (If I di not collect my daughter by 7pm on the Friday I am due to then I am not allowed to have her - ex's rules, not court etc). Do I need to get my mother to apply for parental responsibility as well or is my instruction, given she is a family member, good enough.


 


Look forward to hearing from you soon.


 


P


 


 

Expert:  Clare replied 3 years ago.
Hi
Where does your mother collect her from?
I assume that there are no court orders in place
Clare
Customer: replied 3 years ago.
Hi Clare, my mother collects her from my ex's house in Warwickshire and takes her to her home in the Midlands. I live 200 miles away so end my working week there. There are no court orders in place.

Thank you
Expert:  Clare replied 3 years ago.
Hi
The law says that a child is entitled to 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.familymediationhelpline.co.uk)
If that fails then you will have to apply for a Child Arrangement Order setting out what time the child spends with you.
This will then be enforceable.
Your mother cannot have Parental Responsibility - but there is no reason why she should not collect the child for you in view of your working hours
You may find these websites useful although the government have not yet updates theirs to reflects the new name for Residence and Contact
http://theparentconnection.org.uk/
http://www.familylaw.co.uk/system/uploads/attachments/0000/2078/CB1_1108.pdf
I hope that this is of assistance - please ask if you need further details
Clare
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