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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 848
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My ex partner will not allow my little girl to stay over at

Resolved Question:

My ex partner will not allow my little girl to stay over at a weekend anymore as my partner who I have been with four years now and have lived together this amount of time daughter has apparently upset my daughter.
Me and my ex partner share joint custody and I have told her I have spoken to my step daughter about the situation and she is upset that her little sister can't stay anymore.
Unfortunately this has made no difference and my ex is saying my daughter can't stY with me unless my partner and her daughter stay out over night,
This has upset my whole household and I would be grateful for any advice
Thank you
J.Henderson
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- are there are any court orders in place?
- how old is your daughter?
- has your daughter been enjoying the time that she spends with you, your partner and her daughter?
- how long was the regime in place before the mother stopped the overnights?
Kind Regards
Caroline
Customer: replied 1 year ago.
Yes I am granted joint custody.
My daughter is five now and she loves to come and spend time with my partner and I and has a good relationship with her step sister who is now 6.
I'm finding this distressing as I have an incredible bond with my daughter and at times find it hard to return her to her mother as she always wants to stay longer but I have always respected my ex partners wishes and wouldn't go against the shared custody, in the holidays she stays aslong as she wishes and goes on frequent yearly holidays to visit my current partners family in London, we all go as a family it has never been an issue.
This regime has been going on since my daughter was six month and we had to go to court, it's been the past 2 weeks I've had no contact with my daughter.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
I am really sorry to hear about the difficulties that your ex is causing. From what you have described - it sounds like there is no real reason why your ex is preventing your daughter from spending time with you, your partner and her daughter.
4 years is a long relationship for you and your partner and your ex's demands that your ex and her daughter stay overnight elsewhere when your daughter stays overnight with you - sounds completely unreasonable to me and I am sure that a court would agree with me.
What you need to do is to return this matter to court seeking enforcement of the current order that you have. As you have explained - this has been working well and the mother appears to have good no reason to stop your daughter spending time with you - as per that order.
Before you can make an application to the court - you need to refer the matter to mediation. This is new in all children act cases and you have to do this - otherwise the court will reject your application. Mediation will try and help agree matters without the need for court. There are lots of mediation services and there will be one local to you. One such national service is www.nfm.org.uk
If the mother wont engage or agree with mediation then make your application to the court. You do this on Form C100. Send to local family court. Court fee is £215. You may be eligible for a remission dependant upon your circumstances - see form Ex160.
If there are no other concerns - then you can rest assured that the court will agree with your application and order that this should continue.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
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