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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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 girlfriend & I split up 12months ago ,we have a little girl

Resolved Question:

My girlfriend & I split up 12months ago ,we have a little girl nearly 3yrs old & last year she told me I could have her Christmas eve this year as last year she was with her. She has now told me I can only have her 3hrs Christmas day I have my little girl every Saturday fro 2pm (as I work Saturday mornings to enable me to afford child maintenance) until sunday 2pm & every Wednesday for tea i am named on the birth certificate as her father how do i stand legally.
Sean
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for yo
I will do my best to help you but I need some further information first.
Do you get extra time during holidays?
Clare
Customer: replied 2 years ago.

No not really I asked if I could take her abroad for a week & she said no maybe when she is older she did say I could probably take her away for a weekend I don't take many holidays at work I usually take the holiday pay as I run an apartment & money is tight but I would love to take her away to spend quality time with her my mum & stepdad wanted us all to go away together for my stepdads 50th with my brother his child & stepbrother & his child at their expense but she refused point blank scuppering all their plans. When I do have my daughter overnight she asks when mummys coming all the time I spend all my time reassuring her but this is because she spends all her time with mummy. I haven't been the best at keeping visits as I worked self employed until February of this year which meant I worked away a lot but now in full time employment I can spend more time with her, also maintenance was hit & miss due to lack of funds & that she requested £50.00 per week she went to CSA & I have to pay £30.00 instead of £50.00 so I set up a standing order for £35.00 to catch up on payments I missed as you can see I am trying to be reasonable. My ex is now with someone else has been for 6 weeks last weekend my daughter had a party to attend & instead of asking me if I wanted to go with them she took her new man which hurt me a lot he hardly knows my daughter, sorry for the long reply just trying to give you as much information

Expert:  Clare replied 2 years ago.
Hi
The law says that a child is entitled to contact with both parents and the courts will enforce this if necessary
However in general parents are expected to reach agreements between themselves - using Family mediation (www.familymediationhelpline.co.uk) to agree a Parenting Plan if necessary.
It is reasonable for you to want to have more time with your daughter - including time at Christmas, however that time has to be built up slowly at the child's pace - asking to take her abroad for a week was not realistic at this stage I am afraid - you need to build up the nights to a week away in the Uk first.
If Family mediation fails then you will need to apply to the courts for a Child Arrangement Order.
Details here
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: 33946
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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