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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33801
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 wife has had custody of our three children for 6 years.

Resolved Question:

My wife has had custody of our three children for 6 years. Throughout that time I have had the children 3-4 days a fortnight, every other xmas, taken them on holidays, bought them expensive stuff like laptops, active school involvement, I tutored my youngest through maths and French GCSE - everything but day to day parenting minutiae (doctors dentists etc). My ex acknowledges I am a good father and the kids have a great relationship with me. My ex and I have successfully negotiated any variations in the diary e.g. my taking the kids for a week mid term whilst she went skiing.
My ex earns a modest income has had Child Benefit, Child Tax Credit, significant maintenance, a beautiful 4 bed house without mortgage, large pension, and a trust to fund school fees and related items etc. etc..
My two oldest have left home or are at uni. I have had my now 16 year old (Aidan) 4 days a fortnight and he boarded two days a fortnight.
I am now in a stable domestic situation - am sharing a new house with mother of 3 grown up children who have all left home ( new house not hers) my son has a designated bedroom - she is very supportive of Aidan but respects her role and does not try to be mum. We always all have dinner together. We have been on holidays together and I have solo holidays with Aidan.
My wife is now dating a wealthy man and they often go away for w/es - they are going to the US for 14 days over xmas and New Year.
I now want "custody" week on and week off so that I can be there as a parent for the whole week including the minutiae.
My wife has opposed this insisting that she has him one night a week in my week. Whilst this is a small point - it means that this will be more confusing for Aidan, more coming and going and will undermine the purpose for me to have a proper parent role throughout the whole week.
If it came to it can I sue either for joint custody or for a variation to visit rights (these were never specified other than to be agreed in the decree absolute)?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you.
Since your son is now 16 it is entirely up to him how he shares his time between the houses - there are no court orders that either of you can apply for
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33801
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Can you direct me to the applicable law - I have been googling for ages and most commentary seems to suggest 18?

Expert:  Clare replied 2 years ago.
Hi
No problem - it is in the Children Act here
http://www.legislation.gov.uk/ukpga/1989/41/section/9
Exceptional circumstances would usually mean a young person who has learning or other difficulties
Clare

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