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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34263
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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My son and his partner separated a year ago , she met someone

Resolved Question:

My son and his partner separated a year ago , she met someone else who she has had an on off relationship with over the last year. She has now decided to go on holiday abroad with him taking my sons daughter with her . My son although naturally upset is resigned to the situation . His ex partner , however says that if he wants to take her away she will decide whether or not she will let him as she is the child's main carer. My son is named on the birth certificate and pays maintenance monthly. His daughter stays with him on a Friday or Saturday night and sometimes during the week. What are his rights as a father please ?
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 is the child?
Clare
Customer: replied 3 years ago.
She was 3 in March
Expert:  Clare replied 3 years ago.
Hi
Both parents have Parental Responsibility for the child - and the fact that the child spends more time with mum than with dad does not give the mother any extra rights
Neither parent can take the child out of the country without the agreement of the other parent or an order from the court.
They need to agree any holidays which either of them wish to take - and if they cant agree then an application van be made to the Court so that a Judge can decide
They should try and discuss a Parenting Plan using Family mediation (www.familymediationhelpline.co.uk)
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.
Thank you. It's interesting to note that the mother does not have have extra rights even though she insists she does as the main carer. Would my son be able to insist that he has his daughter to stay for more days than she allows . What are the chances of equal time split being allowed by the courts?
Expert:  Clare replied 3 years ago.
Hi
It is something many resident parents believe
It is not a matter of your son insisting - it is about agreeing a pattern that works for the child - and a full 50/50 shared care arrangement is generally only successful where the children are older
Clare
Customer: replied 3 years ago.
Thank you for your advice. Of course she must come first , it's just difficult for him to see another man involved with her especially when he has concerns about him when he has had a drink, the police have been called to his ex partners house on one occasion , thankfully his daughter was with him .
Expert:  Clare replied 3 years ago.
Hi
I can understand the concern and he does need to keep an eye on the situation
Clare
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