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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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 ex is telling me she is having our son every Christmas.

Resolved Question:

My ex is telling me she is having our son every Christmas. Can she do this?
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.
Which part of the Uk are you in?
How old is the child and how is his care usually shared between you?
Clare
Customer: replied 2 years ago.
I'm in the West Midlands. My son is 5 and when we split when he was 2. I had my son all the time. I saw him as much as I could. At least 4/5 days a week. And every weekend I had him. She moved in with her boyfriend back in February and moved to kent. Now she tells me she has all the say and I'm only allowed him every other weekend from Friday night to Sunday afternoon and that she's having him every Christmas and she won't give me his passport back that I bought. She took him from all his friends and family and moved him to another school. My son cries everytime he has to go back and tells me he wants to live with me. It breaks my heart everytime. I don't know who to speak to and I don't quite know my rights.
Expert:  Clare replied 2 years ago.
Hi
Do you have him extra time in the school holidays?
Clare
Customer: replied 2 years ago.
Yes. I have him as much as I can. If he has 2 weeks off I try and have him for 1 of the weeks.
Customer: replied 2 years ago.
Relist: Incomplete answer.
Answer my question.
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay
We are all working lawyers and unable to be online all the time
May I just check - was the move to Kent also made in february or more recently?
have you spoken to his new school?
Clare
Customer: replied 2 years ago.
She moved in February and no I haven't spoke to school but the school have all my details
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.
Your ex certainly does not have the right to dictate what contact you have - that is a matter for negotiation between you both - with alternate weekends and half of all school holidays as a basic - and alternating Christmas days since you live to far apart for a shared arrangement
Had you taken action immediately then you could have challenged the move - as things stand it is too late to do so at this stage
However the contact issue can be resolved
The starting point is to try and discuss matters with your ex using Family Mediation
www.familymediationhelpline.co.uk
If this fails (or the distance is too far) then you can apply to the court for a Child Arrangement Order setting out the time your child will spend with you
You can read more on these websites
http://theparentconnection.org.uk/
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/cb001-eng.pdf
It is also a good idea to send the school some stamped addressed envelopes so that copy reports etc can be sent to you
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you