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JGM
JGM, Solicitor
Category: Family Law
Satisfied Customers: 11560
Experience:  30 years as a practising solicitor. Partner in own firm.
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I have an 8 and a 4 yr old and they currently see their dad

Resolved Question:

I have an 8 and a 4 yr old and they currently see their dad once in the week overnight and every other weekend.
Things have become extremely tense between me and their dad and he is threatening me with court and saying he will be taking them on holiday and having them on their birthdays etc
Iam petrified he is going to take them from me
Submitted: 3 years ago.
Category: Family Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Do not worry about this. The father has no chance of taking the children from you and indeed any court will be less than impressed that he is making these statements just because there is tension between the two of you.

Always in cases involving children the legal test is what is in the best interests of the child. It is clear that your ex has no interest In the children and is using then to get to you. You have to resist this and stand up for yourself.

Make it clear to your ex that if he persists with this behaviour it is him that will lose out on contact with the children.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.
Thanku for your response. He is in general a good dad although he has been telling the children he is lonely and wants them with him which confuses my 8yr old who is very close to him.
He has a new partner who has a son with learning difficulties and dyspraxia. I asked to meet her to see who is around my kids and the meet didn't go well. She took offense to me asking if she would tell me the extent of her sons difficulties as he would be around my kids and my ex jumped in and verbally attacked me.
I am not claiming to be innocent but it is since that meet that he is threatening court. I have always maintained his access with the children but am so frightened that he will somehow take my kids or get them more than he has now.
What are the standard access rights please?
Expert:  JGM replied 3 years ago.
There are no standard contact rights. Each case depends on its own circumstances. As I said before it's the best interests of the child test which is important.

It is typically the case, but no means universal that the absent parent would get contact at weekends and once through the week with additional contact during school holidays but there is no standard contact.
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