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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 My son has pilt from his girlfriend at chrustmas they have

Customer Question

Hi My son has pilt from his girlfriend at chrustmas they have two children which has paid maintenance for 100.00 a week and 130 at the end of month but the agreement was to see the kids once in week and every other weekend and now says he has to see the kids on her weekend but her hours, when he return his son on Sunday she walk out and left him with the kids and said I wont be long and ended in argument her mum has threaten with CSA but we want regular access to seeing his children and my grandchildren is there a legal document we can do?
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 and what are the exact arrangements for contact?
How much does your son earn gross?
Clare
Customer: replied 3 years ago.

Hi One is 2 years and 5 months and one is 8 months old.


 


Had one family meeting and was agree on Wednesday and every other weekend but my son is a courier driver so depends on what time he finishes at night but she has added her weekend on sunday but time that suits her when my son is quite happy to do sunday evening but it is always what she wants. but not fail to have them his weekend and also had them on Wednesday/


 


He has filed last year tax return at a loss has just started courier driving and had a lease van etc so his weekly pay is above average 400 a week before fuel . He gives her a 100.00 a week and pays for the tv package of 45 .00 a month and was giving her extra 130 at end of month but has now stop this. Since last week she didn't want contact with him so was dealing through me and now its our weekend and wants him to contact and this is all because she still got feelings and he hasn't anymore/ Being difficult for him to see his kids seems to be on her terms.


 


 


 

Expert:  Clare replied 3 years ago.
Hi
What contact does your son want, and how much doe she spend on fuel?
Clare
Customer: replied 3 years ago.

he wants every other weekend and once in week at least and maybe the odd occasion


 


Average of 120 a week

Expert:  Clare replied 3 years ago.
Hi
For clarity
Is it right that at the moment he has that amount of contact but his ex want shim to have them more often?
Clare
Customer: replied 3 years ago.

hi


 


yes it has the right at mo but ex wants him to do more but on her terms and her times he is self employ so has to work long hours he just wants to know regular times and days


 


 

Expert:  Clare replied 3 years ago.
Hi
He cannot be forced to see the children more often than he wishes to do so
It is expected that parents will be able to negotiate and reach an agreement between themselves - using Family mediation
(www.familymediationhelpline.co.uk)
and a Parenting Plan
http://www.parentingplan.co.uk/
If they cannot reach agreement then an application will have to made to the court for a Child Arrangement Order.
The maintenance that he should pay is 16% of his gross income at most.
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.


Thanks this is all fine great information

Expert:  Clare replied 3 years ago.
Hi
You are most welcome and I hope all goes well
Clare

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