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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33942
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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As a father with parental responsibility I am trying to

Resolved Question:

Hi, as a father with parental responsibility I am trying to negotiate access to my two children aged 3 + 4. My ex only allows me every other weekend but only until 1pm on a Sunday (so effectively I only get one full day) but absolutely no holidays. I am asking for every other weekend and 50 per cent of all the holidays. I have a wife and a lovely home, step son and family life and all I want are my children to be part of that. In your opinion, and there are no other contributing factors such as abuse etc - we are a very normal family, is this my parental right to get this? She says she will fight me all the way and I'm worried if I go to court the judge will give me even less - can this happen?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youWhat time are you hoping the weekends will start and finish!
Customer: replied 1 year ago.

Hi, picking the children up after school at 3-ish and dropping them back at 5pm? I think this is fair as it gives me the day and lunch at home with the family. My ex says it's too disruptive and wants them back at 1pm so she can wind down the weekend. She's very controlling. It's exhausting. We live in Wilshire and she lives in Kent so it means I would have to leave home in the morning.

Expert:  Clare replied 1 year ago.
May I ask how long you have been separated?
Customer: replied 1 year ago.

Hi, two and a half years. In all that time I have only ever been allowed access to the children on her terms and according to her schedule, ding 100 per cent of the commutes. I am always on time, pay above and beyond maintenance and have never put a foot wrong. I am married now and I want to start making plans for holidays and my future with my children so I need to get something legally set out such as a Child's Arrangement Order. I just want to know what I can expect to get. I should get 50 percent of the holidays right? Thanks

Expert:  Thomas Judge replied 1 year ago.
HiLet me actually answer the question for you. From what you have written she is being unreasonable and you would get considerably more contact should you need to apply to the court for a child arrangement order by taking this matter to court. You would certainly be looking at half of all school holidays, longer at weekends, and alternate christmas days etc. You would also have the benefit of a court order which would mean that she can't simply change the arrangements because she wants to. There are excellent books on amazon on how to represent yourself in the family court which can also help you understand your very basic rights. You should not be having to walk on egg shells. You need to go through mediation (MIAM) but if that does not work then you have a very good case on a child arrangement order. I hope that this answers your question. Please rate positive.
Expert:  Clare replied 1 year ago.
Hi
My apologies - the fact that my colleague answered meant that I did not see your response
The law says that a child is entitled to spend time with both parents and the courts will enforce this if necessary
Alternate weekends and half the summer holidays is certainly a reasonable request!
It is clear that however reluctantly your ex has had to accept that you are capable of having the children overnight - which means that she cannot object to your having holidays with them - although it would be sensible to look at starting small - say five nights at Christmas and building up to a week at Easter and two weeks in the summer holiday (by which I mean a two week block and the other half of the summer holiday separately)
Your request for 5pm on a Sunday is utterly reasonable - and still gives ample time for tea bath and bed
Your starting point is Family mediation
www.familymediationhelpline.co.uk.
If it works insist that it is turned into a Child arrangement Order.
If nor you will have to apply to the local family court using a Form C100
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf
and paying the fee of £215.
You can deal with the applictaion in person (most do these days) - the fact that you have a reasonable request and remain Child focussed then you shoudl have no problems
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33942
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Expert:  Thomas Judge replied 1 year ago.
I am delighted that my colleague has agreed with my answer. If I can be of any further assistance then please do not hesitate to ask. Please rate positive.

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