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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33942
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 separated from my partner 4 years ago, we have two children

Resolved Question:

I separated from my partner 4 years ago, we have two children who live with me. He has the children every other weekend and up until last year approx. half of the school holidays. We have arranged maintenance and contact between ourselves. After his refusal to increase maintenance payments in line with his salary increase I went to the CSA who calculated the amount and he now pays the correct amount. Since this has been in place he is refusing to have them for the school holidays with the exception of 2 days in xmas holidays and 2 days in the Easter holidays, which is a significant change from the previous years, and without any discussion.
He has refused mediation in the past so I know he will refuse again. Do I now need to consider a court order to agree a more robust plan. I work full time, pay for all school time childcare and provide everything for the children
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.
How old are the children?
Clare
Customer: replied 3 years ago.

14 (2/12/99) AND 10 (13/12/2003)

Expert:  Clare replied 3 years ago.
Hi
Have they asked him if they can stay with him for longer?
Clare
Customer: replied 3 years ago.

Yes, he has refused to have them for any of the forthcoming half term week at the end of May. He is a teacher so I know he is off in the school holidays.


 


 

Customer: replied 3 years ago.
Relist: Incomplete answer.
Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay
Does the CSA assessment assume that he will be having them for these times?
Clare
Customer: replied 3 years ago.
The CSA assessment is calculated on 52 -103 overnight stays per year. Up until the point of me having to go through the CSA he has shared the school holidays pretty equally.
Expert:  Clare replied 3 years ago.
Hi
I am afraid that he cannot be forced to have the children more often than he wishes to do so.
However you can try and appeal to the fact that his children wish to see him (and of course that more contact would mean less maintenance)
You should discuss this using Family Mediation (www.familymediationhelpline.co.uk)
I am sorry - i know that this is not the news that you wanted but I can only tell you what the position is.
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33942
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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