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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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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Hello Im wondering how I can get proper access to both of

Resolved Question:

Hello I'm wondering how I can get proper access to both of my kids ?
I only get to see my daughter on a Saturday and my ex won't let her stay overnight !
My son will be 2 in October and I've only had him over the park for a couple of hours in that time
I want to go through the correct channels in courts
And not only am I having to deal with her I have her mother to deal with too
My family have only seen Ben up till he was 7 weeks old
I get grief messages out of the blue telling me how much I don't care although she's controlling the entire situation along with her mother
And if I say anything about it I get nasty texts from her
To be honest I'm now sick and tired of the whole situation and I want to have my time with both of my kids without any interference from my ex and her mother
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 are the children and what is the current pattern of contact - what will your ex not allow you to have overnight contact?
Clare
Customer: replied 3 years ago.
Hi Clare
My daughter is 3and a half and my son is 2 in October
No no overnight contact at all I have to pick Ella up at 9 on a Saturday and have her back at 17.30 and I'm lucky to get an hour with Ben she won't allow me to take him at all but them moans at me for not spending enough time with him ?!
I also pop in to they're house if I'm passing during the week as I work all over the south east but now I'm not allowed to do that either ?!
Expert:  Clare replied 3 years ago.
Hi
What reason is given for refusing overnight contact?
Clare
Customer: replied 3 years ago.
Well because she said so and they're not ready ! It's like I have no rights and she holds all the cards
Expert:  Clare replied 3 years ago.
Hi
In fact the law says that children are entitled to regular personal contact with both parents and the courts will enforce this if necessary
Your ex cannot simply dictate contact - you need to try and discuss matters with her - including regular contact with your son and overnight contact with your daughter - using Family Mediation (www.familymediationhelpline.co.uk)
If that fails then you can apply to the courts for a Child Arrangement order setting out when you see the children - and that will include overnight contact
I hope that this is of assistance - do please ask if you need further details
Clare
Customer: replied 3 years ago.
Hi Clare unfortunatly I have tried to talk to her I've even told her that Ella has been asking if she can stay at mine but still she won't let her stay
And there's no mediating with her I know to a degree what rights I'm entitled to my name is ***** ***** of the birth Certs as well ?!
I seeked citizens advice bereau solicitors and she eve said that they weren't proper lawyers !!
It really doesn't matter what I say she knows best and nothing changes that !!
Can I apply on line for the child arrangement order ?
Expert:  Clare replied 3 years ago.
Hi
You have parental responsibility for the children - and I have already detailed the children's right to contact
You have to go through the mediation first no matter what - even if she does not turn up you need and no I am afraid these applications cannot be done online - but the form you need is here
http://www.jordanpublishing.co.uk/system/uploads/attachments/0006/9047/C100.pdf
and you can read more here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/cb001-eng.pdf
Clare
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