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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33942
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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Me and my partner recently split. (I am the dad.) We are generally

Customer Question

Me and my partner recently split. (I am the dad.) We are generally mutual about sharing the kids although there do comes times where things just clash (IE: Christmas) and it's hard to resolve things.
Currently, I, as the father, have the kids Wednesday, Friday, Saturday, Sunday one week and then following week just has them on the Wednesday.
Going forward she says she can't bear not having the kids on Christmas so she would want to keep them christmas eve, christmas morning, every year.
If I went down the court route, are the courts still in favour of the mum having the majority of the time with the kids. IE; I would only get them alternate weekends or possibly get them more days than I do already?
When it comes to Christmas, do the courts generally give court orders to say you alternate christmas nights/days or do they tend to leave Christmas up to you to decide?
There is no violence, or hatred between parents or risk to the children so that wouldn't come into play.
Submitted: 2 years ago.
Category: Family Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

I will wait.

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
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.
How old are the children and what contact is your ex willing to offer over christmas?
Clare
Customer: replied 2 years ago.

Children are 3 and 6.

She is saying she can't not be with them christmas eve night and christmas day morning. I would only have them the afternoon.

Expert:  Clare replied 2 years ago.
Hi
How long for?
Clare
Customer: replied 2 years ago.

So from 3pm Christmas day onwards for christmas night

Expert:  Clare replied 2 years ago.
Hi
Parents are expected to reach agreement regarding such issues - using family mediation (www.familymediationhelpline.co.uk) if necessary.
If no agreement can be reached then you will need to apply to the courts for a Child Arrangement Order dealing with the issues in dispute
Unfortunately there is no set solution to the Christmas issue - and every District Judge has their own approach.
Some go for the straight alternating years option; others feel that having then child from 25th to 27th allows you to build your own christmas traditions.
If you cannot agree then the Judge will enforce his or her own preference - which may not work for anyone
I am sorry - I wish there was something more positive I could say.
You may find this website useful
http://theparentconnection.org.uk/
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33942
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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