How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

my rota to see children was setup and approved through divorce,

Resolved Question:

my rota to see children was setup and approved through divorce, my ex now threatening me with seeing them, can she do this, I pay maintenance and have actually been over paying by £18 per week for year and a half
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.
How old are the children and what is the current pattern of contact?
Just to check - I assume that there was no separate Court hearing regarding the children?
Clare
Customer: replied 2 years ago.

hi Claire, the children are 11 and 7,

I currently work a 12hr 4 shift pattern including weekends, the pattern has a 4 week cycle so I have the children an average of 2 nights (stay over) a week, this works around my days off.

there was no separate court case regarding children, we came to an agreement on the rota which I thought was passed by the judge when divorce agreed.

I currently pay £134 per week maintenance, I have worked out via csa calculator that I should only be paying £116 but have left it at £134 since separating approx. 17 months ago.

my ex wife has been trying to add more time days to my rota and change it as she sees fit, I have rejected these changes as at the moment I have only 5 free days (when not working or with kids) per 4 week cycle and have little or no leeway to make these changes, because of this she threatened to stop me seeing them altogether ( tho I have never missed a payment or failed to have the children as per my rota).

I just wanted to my rights and where I stand with this. thx

Expert:  Clare replied 2 years ago.
Hi
Sorry - do you mean that she wishes you to have the children more or less often?
Clare
Customer: replied 2 years ago.

hi sorry for the confusion, she initially wanted more hrs for me to have them as she said I don't have them nearly as much as most fathers and don't pay enough either, I feel confident that is not the case.

but now I have been now told that she will stop all access. I am not willing to put up with being threatened with my children over money etc and just want to know what and what not i am legally entitled to do.

thank you for you time .

Expert:  Clare replied 2 years ago.
Hi
The law says that children are entitled to contact with both parents and the courts will enforce this if necessary.
Please be aware that maintenance and contact are NOT linked and it is not right to threaten to stop payments no matter what.
The contact level that you have is one that many fathers would see as beyond their wildest dreams which suggests that there is something else behind her wish to change the arrangements.
The starting point is to discuss matters with your ex using family mediation
www.familymediationehlpline.co.uk
If the threats continue you may wish to consider applying ofr a Child Arrangement Order which will be enforceable
More details here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/cb007-eng.pdf
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you