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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34271
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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I've separated from my wife close to wo years ago. We agreed

Resolved Question:

I've separated from my wife close to wo years ago. We agreed maintenance and child care and drafted a document which we both signed.
Is this document binding?
I wish not to change the maintenance but since the split there have been changes to the care agreement. I have changed my role at work to accommodate my ex who also works shifts and needed fixed days. I have then every other weekend two nights and every Wednesday over night. I also have them a week at Xmas and two weeks in the summer break.
I now get random messages insisting I take them longer in term times etc with comments like 'their your children, take responsibility'. I have used all my leave I have to facilitate the dates agreed. Due to my change in role at work (for the benefit of my ex) I now do shorter days which mean I work more days and as a consequence my leave does not stretch as it used to.
Am I in my rights to say no? I really haven't any options as I've no close family to help. I try to accommodate all her requests but if I've no leave then I've no leave.
I know it's harsh but can I insist on the Wednesday, every other weekend and the two periods of leave in Xmas and summer? And say no to any other?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
You can indeed say no - neither parent is entitled to simply dictate when the other parent should have the children
As you so rightly say - if you have no leave you have no leave
You shoudl try and discuss matters with your ex using Family mediation
www.familymediationehlpline.co.,uk
You may wis to point out that if she is not happy with the current arrangements then maybe the children should live with you - so that you have the financial benefits and can arrange care accordingly
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.
Thank you.
The agreed dates and maintenance amount have all been calculated via the CSA calculator.
Can you please confirm if the document we drafted between us has any legal standing?Again, thank you.
Expert:  Clare replied 1 year ago.
Hi
It is not enforceable as such - but it does give a guide to what arrangements were agreed at the time which may be of use to the court in the event of a dispute
Clare
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