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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34271
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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HI,my ex partner wont let my 4yr old son stay with me and my

Resolved Question:

HI,my ex partner wont let my 4yr old son stay with me and my girlfriend at weekends.
is there anything I can do?
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.
What objection does your ex have to your girlfriend?
How long have you and your girlfriend been together?
Clare
Customer: replied 3 years ago.

She has no objection to my girlfriend,i took my son home 1 evening but he developed a tummy bug,which I assume he caught from other children playing in the park that day,

since then ex has banned me from having him overnight!!

Expert:  Clare replied 3 years ago.
Hi
When did he last stay the night with you?
Clare
Customer: replied 3 years ago.

A couple of mths ago

Expert:  Clare replied 3 years ago.
Hi
Just to check - are there any court orders currently in place?
Clare
Customer: replied 3 years ago.

No,no court orders

Expert:  Clare replied 3 years ago.
Hi
The law says that a child is entitled to regular contact with both parents and the courts will enforce this if necessary.
It is clear that your ex has no real concerns about your ability to care for the child - and one tummy upset is not really enough to merit stopping overnight contact.
On that basis you shoudl try and discuss matters with her using Family mediation
www.familymediationhelpline.co.uk
If that fails then you will need to make an application to the court for a Child Arrangement Order.
You can read more here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/cb001-eng.pdf
http://theparentconnection.org.uk/
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you