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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
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,My ex-wife is trying to prevent me having my son

Resolved Question:

Hello,
My ex-wife is trying to prevent me having my son at my home because she and my current fiance had an argument. She has stated that my fiancé has to apologise to her or she will prevent him from coming to stay with us overnight this weekend. The agreement is that I have him at the weekends. Where do I stand on 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.
How old is your child and is there a Court Order in place regarding the time he spends with you?
What was the argument about?
Clare
Customer: replied 2 years ago.

My child is 6 years old, almost 7.

There is no court order in place.


The argument was about the fact that my ex-wife kept repeatedly contacting me regarding my sons health (he was sick at the time) although he was in no danger. My ex-wife tends to panic over things she can't control.
She rang after 10pm which is when we have politely asked her on many occasions not to ring as it interferes with our home life, and my fiancé answered. The result was a very long and loud argument over the phone. My fiancé becomes very frustrated because my ex-wife will phone me and berate me - talking at me not to me - for 20-30 minutes at a time and this upsets her. I put up with this for the sake of my child and the fact that my ex-wife can never ever be proven wrong and putting up with this for 9 years actually gave me a nervous breakdown in the end.
Bascially my ex-wife is saying that because of my fiancés conduct towards her that she does not want my son to come to mine unless she apologises. It is important to note that he has a 7 month old brother who lives here with me (from my fiancé - not ex wife).
David
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.
There is no basis on which the argument with your current partner is a good reason for stopping contact.
I suggest that you try and discuss matters with your ex using Family mediation
www.familymediationhelpline.co.uk
If that fails you may have to consider an application to the courts for a Child Arrangement Order to protect the time that your child spends with you
Please ask if you need further details
Clare
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