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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34273
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, several years ago the court put in place an arrangement

Resolved Question:

Hi, several years ago the court put in place an arrangement for my 3 children of living with myself for 1 week and then with their father for 1 week. This was in place for 3 years but had detrimental affects on the children. From 01/01/2013, the children's father and myself agreed that the children would live full time with me and have access to him every other weekend, every Tuesday after school for 3 hours and if he was not to see them at the weekend then he would see them for 3 hours on a Thursday. This has been in place for 17 months and there has been significant improvement in the children during this time noticed by schools and 2 of the children's councellors, although there was never an agreement signed to this effect. Out of the blue this morning i have received a text message from the children's dad stating that he now wants to revert to the week on week arrangement. Can he just go back and implement the court order as this would have an extreme impact on the children, or would the fact that the other arrangement has been in place counteract the court order. Please advise?
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.

Hi,


 


The children are 12,9 and 8.


 


Thank you

Expert:  Clare replied 3 years ago.
Hi
Do you know what has caused this sudden change?
Clare
Customer: replied 3 years ago.

When we agreed to the new arrangements 17 months ago, we discussed that school holidays would be split 50/50. This past week, the kids spent with his mum and dad during the day and overnight save them coming backwards and forwards to me morning and night. He no longer gets on with his mum and dad as he has a relationship with a new partner and has a new child that will be 2 in August. His mum and dad have not seen the baby since he was 3 months old. His new partner does not like his parents and he has chosen her above his family. On his weekends, his parents have the children as he officially does not have a home. He was evicted from his council property a few months ago and was given a list of homeless shelters. As his new partner has a council property, he will not officially state that he lives there (even though he does). he has informed me that he has decided that he wants the children week on/week off again despite having no home and 2 jobs (1 during the day and 1 from 5pm till late in the evening). i have said that I have concerns as he is homeless where the children are going to be sleeping. He has said that he will leave them with his mum and dad every evening. Although the whole reason that he states he wants it to revert is because i let his mum and dad have the children overnight and states that they are too much for them as they are nearing their 70's!

Expert:  Clare replied 3 years ago.
Hi
Has he actually threatened to remove the children from your care?
Clare
Customer: replied 3 years ago.

He has told me that from tomorrow it will revert to week on week off which means that i would only see them for 7 days out of 14 and has stated that maybe he will have them full time and me only have them every other weekend. The arrangement of week on week off did not work before hence the reason we changed it.

Expert:  Clare replied 3 years ago.
Hi
Technically the Order is in place - so if he does collect the children from school tomorrow then you cannot simply remove them from him.
You would have two options.
You could involve Social Services since clearly the arrangements are not safe or suitable for the children
Indeed it is highly possible that either the school or the counsellors may chose to do so although I accept that having social services involve din your life is not pleasant for you either
The other alternative is to make an immediate application to the courts to vary the existing Order and have a new Order made stating that the children live with you.
You can claim exemption from Mediation on the basis of Urgency given his homeless position
I hope that this is of assistance - please ask if you need further details
Clare
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