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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
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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I have recently separated from my wife of 11 months. We have

Customer Question

I have recently separated from my wife of 11 months. We have 2 children 4yrs and 2yrs. There is a holiday booked to florida in Oct. there is £2000 to pay my wife has said I have to pay the out standing balance or I cant see the children. any advice would be welcome.
I'm still paying the mortgage and bills although I am not living at the property. I have my children every other weekend fri to mon and one day in the week. She has also tried to dictate how I look after the children.
thanks ed
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.
Who will now be going on the holiday?
Clare
Customer: replied 3 years ago.


My wife 2 children her parents and brother and her grand parents. She did say that she will ask a friend to go but I will have to pay. so far £5000 has been paid out of our joint account for the holiday. with approximately £2000 outstanding. Obviously her relatives are responsible for their share. Our family share is £7000

Expert:  Clare replied 3 years ago.
Hi
What assets and debts are there and what income do you each have?
Clare
Customer: replied 3 years ago.


I don't know my wifes income she works part time. I earn £24000 per year. I have found out that there are debts on a credit card that I didn't even know about. We have a mortgage in both our names and all my assets are tied up in that. I have no savings.


Ed

Expert:  Clare replied 3 years ago.
Hi
There are two separate issues here - the holiday and your contact.
Despite what your ex has said the two are NOT connected.
The law says that a child is entitled to regular contact with BOTH parents and the courts will enforce this if necessary
With regard to the holiday clearly you have already invested a considerable amount in this and clearly you wish the children to go - but equally clearly you are not in a position to pay more at present.
You should offer to discuss BOTH these issues with your ex using Family Mediation (www.familymediationhelpline.co.uk) making it clear that if she does not agree and does try and reduce your contact that you will have no option but to apply to the court for a Child Arrangement Order
Please ask if you need further details
Clare
Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Claire thank you for this. Obviously the split is recent and I just want the best for my children. I want them to go on holiday and will arrange to discuss this matter with my wife. she has stated that the monies that have been paid cover her and the children and not me. I have evidence that the money came from me. I will arrange to speak with her again but it is very difficult to communicate with unreasonable people. I am in the process of writing a separation agreement. If nothing else your advice have given something to work with. I need to get something in place for the children that is best for them as I need to support them through this. I have to stop her using them as an emotional weapon. Thank you Ed

Expert:  Clare replied 3 years ago.
Hi
It is hard to see how she could be so specific
It is possible that your place cannot be cancelled - so ask for evidence of this and discuss possible options
Clare