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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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my son separated from his partner 2 years ago, they have child

Resolved Question:

my son separated from his partner 2 years ago, they have child who he sees every week on his days off work and sleeps over. He now has a new partner who he has moved in with, now his ex partner has said the child will never be allowed to sleep over at his new partners house. can his ex partner do this.
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 and what is his ex's objection to the new partner?
Clare
Customer: replied 3 years ago.

The child is a 3 year old boy his ex partner didn't give a reason just said he would never be able to sleep there. His new partner also has a son of the same age

Expert:  Clare replied 3 years ago.
Hi
Are there any court orders in place at the moment?
Clare
Customer: replied 3 years ago.

no they just arranged access and maintenance between them. everything been ok until now


 

Expert:  Clare replied 3 years ago.
Hi
His ex has no more right to dictate what contact your son should have then he does himself.
They have to reach an agreement on what is best for their son - using Family mediation (www.familymediationhelpline.co.uk)
If they cannot agree then your son can apply to the court for a Child Arrangement Order that sets out how the child's care will be shared between them.
Unless your son has had a succession of short term relationships - or his current partner is in some way a risk to children (unlikely) then there is no reason why the court will not allow the staying contact to continue
I hope that this is of assistance - please ask if you need further details
Clare
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