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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33323
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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We have been living apart. He wants our daughter to see more

Customer Question

We have been living apart. He wants our daughter to see more of him and i have given Saturdays, now he wants her to stay over night but has no bed for her. Is this ok? He is planning on getting a court order for this? I've not asked for csa money should i do so?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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 your daughter?
Clare
Customer: replied 2 years ago.
four
Expert:  Clare replied 2 years ago.
Hi
has she ever spent the night away from you before?
Where is your ex living?
Clare
Customer: replied 2 years ago.
no. he lives in the same town. two miles away.
Expert:  Clare replied 2 years ago.
Hi
What accommodation does he have - is it suitable for your daughter?
Will he get a bed for her?
Clare
Customer: replied 2 years ago.

Its a 1 bedroom flat, double bed fills the bedroom with about 2x3ft space to open drawers and 2ft down side to get to toilet n shower. A spiral stair case goes from front door to upstairs lounge with kitchenette. no outside. high street flat. He said she could sleep in her bed but ...


He will not be getting a bed for her.


 

Expert:  Clare replied 2 years ago.
Hi
Does he have stair gates?
Clare
Customer: replied 2 years ago.

no

Expert:  Clare replied 2 years ago.
Hi
Aside from the bed issue is he capable of caring for the child?
Clare
Customer: replied 2 years ago.
hi clare
you asked if hes capable of looking after the child.
so many questions this is not the way for b
me . it looks like it isnt an easy question to answer but just leads to more questions.
please dont take the money, i will go and talk to someone.
Expert:  Clare replied 2 years ago.
Hi
I am sorry to ask so many questions - but in fact there is no straightforward answer
You and your ex are expected to agree the arrangements for contact - using Family mediation (www.familymediationhelpline.co.uk) if need be.
If you cannot agree then he can apply to the court for a Child Arrangement Order.
Given that she is only four the absence of a separate bed is not necessarily a problem - but the fact that there is a spiral staircase does suggest that it could be hard to make the property child proof.
The fact that she has not spent a night away form you would not prevent an order being made in itself - but it does mean that any changes would have to be taken slowly
You know your child best and it may be that staying overnight with grandma might be a better start.
You can get more information here
http://theparentconnection.org.uk/
So far as maintenance is concerned then yes your ex should be paying it - so apply as soon as possible
Please ask if you need further details
Clare

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