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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33816
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 has sent a letter from his solicitors stating

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Hi, my ex has sent a letter from his solicitors stating he wants the contact moved from Saturday to sunday and the reason is he has opportunity to work on Saturday. I am not happy with this as I feel my ex is just making excuses to fit his lifestyle. my ex always has issues with consistency in contact since the original order in January. the contact was originally for overnight stays supervised by his sister and brother in law. my ex then failed the to attend court hearings and fail to the drugs and alcohol test so the courts agreed 4 hours every Saturday supervised by his sister and brother in law. in june 2014 my ex threatened to kill me as I announced I am now in a new relations ship this ended up with the police and also the court order was breached with my ex not bringing the appropriate supervisor. the contact then ended up in a contact centre in warrington and due to the fear of my ex I ended up moving Leicester and I maintained contact at the centre in warrington, then in November the courts moved the contact to Leicester contact centre for every Saturday and since 31st January it has moved to his mums house where he is not allowed to take my daughter out of the house.contact is 10-1400 since 2 weeks moving to his mums he now wants it moved to a sunday which I have refused. we have a hearing in april and what grounds do I have to make sure it remains on Saturday. his excuse is that he has opportunity for work yet CMS have confirmed he pays no tax or NI and also he says my daughter is tired during contact wich is totally untrue as the contact commences 10am and my daughter has plenty sleep. he wants sunday 11-3 and I am refusing as sunday is my day off and is our family day where me and my partner spend tine together wth the girls do activities and homework. in the week we hardly spend time together as a family due to my partner and me working around kids for childcare, also Saturday I work 0900-1730 every Saturday, I have a stable job been with my company for 12 years. Monday to Friday kids go school, mosque and then its sleeping time Saturday I work so sunday is the only day I get proper time with my girls and have a family day with my partner. also because I don't want no involvement with my ex the court agreed my dad does the drop offs so even my dad cant do a sunday as he tends to be out of town. do I have strong grounds for it to remain Saturday. also during this contact period my ex has already missed 6 Saturdays while I have only missed 3 and that is due to halfterm us being on holiday so I feel there is lack of commitment there from him, where do I stand with this, I really cant have it on a sunday

I am quite worried about my ex's inconsistency as he states he wants overnight stays from Friday night to sunday but now he is saying he works saturdy I feel he is just saying what suits him to adapt his needs.

will the courts see this as well because he is not taking my daughters needs into account as my daughter does say Saturday is daddy day and I don't want to change her routine.

he pays no maintenece and his job excuse is not true

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.
Have you asked his solicitors for evidence that he can work on Saturdays?
Clare
Customer: replied 2 years ago.

no, but if I ask I know my ex will probably provide a wage slip showing he works just on Saturday and he will probably do that till the court hearing and then after he gets what he wants he will say the work will be finished.

my ex has his own car sales he is self employed but he does not pay a pennies tax. after speaking to CMS they suggested that if I wanted maintenence I need to report him to inland revenue, I have done that but I understand it will take months for this investigation.

Expert:  Clare replied 2 years ago.
Hi
Make him produce the wage slip so that you can send it to the CMS.
Then at Court offer alternate Sundays 10 til 2 so long as he is working and point out that you will know when he stops working as the CMS will inform you.
He will not keep to the pattern and you will then have your sundays back.
I appreciate that this seems invasive - but in the long term it will work out as you wish it to
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33816
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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