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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34272
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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Separated dad wishing for two nights per week overnight access

Resolved Question:

Separated dad wishing for two nights per week overnight access , once marital home sold
What are my rights if mediation fails to find a solution?
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 is the current pattern of contact?
Clare
Customer: replied 3 years ago.
Hi, my son is 12 years old, my daughter is 6, 7 in August .
We are classed as separated, but have been living together since the initial breakup in November last year.
There is no history of violence or alcohol or drug use
Expert:  Clare replied 3 years ago.
Hi
Do you have reason to think your ex will not agree to your having the children overnight?
Clare
Customer: replied 3 years ago.
We have only agreed to alternate weekends, my ex won't agree to midweek nights
Expert:  Clare replied 3 years ago.
Hi
If Mediation fails then your only option will be to apply to the Court for a Child arrangement Order
Obviously it will depend on any number of issues - but you may find it easier to argue for one nigh mid week to start with - and increase it from there
You can read more about court applications here
http://www.familylaw.co.uk/system/uploads/attachments/0000/2078/CB1_1108.pdf
and the form you need is here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf
and the fee is £215
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you