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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
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 partner and I split up 6 months ago and I have been having

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My partner and I split up 6 months ago and I have been having my son now 2 to stay at my house most weekends. She has now moved over 200 miles away, only giving me 1 weeks notice. She left last weekend. I am off work for a full week next week and asked could I have my son for the week and also take him on holiday for a week in October. She has refused, saying she does not want him away for that long as she wants him to settle in.
Usually I only have weekends off work as weekdays I work abroad. What rights do I have as his dad. I am named on his birth certificate.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
What was the exact pattern of contact prior to the move?
Why has she moved?
What is the maximum number of nights that you have had your son overnight
Clare
Customer: replied 2 years ago.
I have been having my son each weekend for 1 or 2 nights usually depending on how long my ex will allow me to have him, as she works during the week finishing at 4.30pm. She says she doesn't get to see him much. 3 nights is the longest she has allowed me to have him, which was the weekend before last. The same weekend she told me she was moving 200 miles away.
The exact reason for her move, not too sure. She was working in admin in a nursing home, the money was not good, but with benefits and maintenance money from me and money from her ex husband for her daughter. It was probably not too bad. But she was never good with money. Before this she was manager of a pub, she likes pub work, no problems, no bills to pay. As far as I know she has taken a job in a pub not sure if she is back n management yet. She did say she would only be working 55 hours a week. Also not sure if she is staying with her mother.
We don't have conversations, i have tried but all I get is voice mail, I leave a message and she answers with a text message.
Expert:  Clare replied 2 years ago.
Hi
What contact would you want if she stays there?
Clare
Customer: replied 2 years ago.
I would like to be able to take my son on holiday either in UK or abroad. I would like to keep weekend contact where my job permits 2 nights per weekend. If I can't collect him, for 6 months of the year my parents are available to either collect him or drop him off, if my ex promises (as she has said) to meet me half way with the driving. I find this difficult to believe of her as she will probably have to work weekends in a pub. I did say to her that we needed something more formal over contact arrangements but she said she was not happy with a formal arrangement as things change.
Expert:  Clare replied 2 years ago.
Hi
Do you wish to do anything to try and force her return to the original area - or are you happy for her to remain where she is provided the contact arrangements are clear?
Clare
Customer: replied 2 years ago.
Can I force her to return to the original area?
Expert:  Clare replied 2 years ago.
Hi
There are two options available to you.
The first is very confrontational and involves an immediate application for a Child Arrangement order which shares the care of the child between you and forces your ex to return to the area with the child while the longer term arrangements are decided by the court.
Clearly this is not likely to endear you to your ex and will make it an immediately stressful situation.
The alternative is to use family mediation (www.familymediationhelpline.co.uk) to negotiate a pattern of contact which includes alternate weekends plus holidays - a week at Christmas and Easter and maybe three weeks (not all at once) in the summer
If that fails then you can apply to the court for a Child Arrangement Order seeking that level of contact - which is likely to be successful
You can read more on these sites
http://theparentconnection.org.uk/
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/cb001-eng.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
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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