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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 842
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My ex partner said I could have my son over night and

Customer Question

Hello my ex partner said I could have my son over night and I'm on birth certificate and now she saying she wants him home tonight I said no where do I stand
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:
- how old is your son?
- has he stopped at your place before?
- what is the normal routine for you seeing your son?
- what are the reasons being used by your ex for your son not being able to stay at yours?
- are there any current court orders?
Kind Regards
Caroline
Customer: replied 1 year ago.
My son is 5 years old and I always have my step sound I brought up since 3 years old we went to a show Disney on ice with my 5 year old and he way staying at mine then she said I want him home unless u pick up Lewis Alfie and Lewis stay at mine every weekend no current orders I pay her 50.00 through the my bank every Friday from my account she said I can't take them away on holiday sorry to trouble u
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
No trouble at all!
Just so I understand - your son has been stopping overnights with you for about 2 years and you have been for a day out together. The mother is however now saying that unless your pick her other children up then he cant stop at yours tonight. Is that correct?
Kind Regards
Caroline
Customer: replied 1 year ago.
Thank you be looking forward to hearing from you
Customer: replied 1 year ago.
Ok thank you we split up sept last year and I used to be a continental coach driver so I changed my job and and I had weekends off all the time so I have them every weekend and being paying 50.00 a week to her bank account we had a holiday booked up in October and she wouldn't let me take the kids so I went with me mum then I booked a holiday last week to take them away abroad and she said no now she starting all this I'm scared of loosening my son
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Sorry I am not able to call you this evening. This is a pop up generated by the site. I am available to call you tomorrow if this assists?
I can either call you tomorrow or continue to message this evening - which ever is better for you.
If a call is ok for you tomorrow - then please do let you know.
I can say to assist you this evening that if your son stays with you tonight as per previously agreed - and you do not return him as is being requested now by the mother - then the mother may choose to call the police and ask for your son to be returned to her. In reality the police are unlikely to assist the mother this evening. The police may check that your son is ok with you but other than that they are likely to say that this is a civil matter. As you hold parental responsibility and if the police are satisfied that your son is not at risk of harm with you then they are unlikely to assist the mother tonight - as there are no court orders in place.
As long as your son is returned as agreed tomorrow then your son spending time with your tonight should not cause you any difficulties in spending time with your son in the future.
I could explain to you tomorrow during the call - the process you need to follow to obtain a court order to confirm the time you spend with your son, including overnights, to prevent the mother from trying to unduly restrict the time you spend with your son.
Let me know
Kind Regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
It is the position of the courts that children will enjoy holidays abroad.
If the mother wont agree to a holiday abroad and her consent is not given - then first step is to refer your case to mediation. If the mum wont agree then make an application to the court.
As long as the court is satisfied that you intend to return to the UK with your son then the court will highly likely approve your request.
Kind Regards
Caroline
Customer: replied 1 year ago.
Ok thank you please I would like you ring me tomorrow
Customer: replied 1 year ago.
Thank you so much
Expert:  ukfamilysolicitor replied 1 year ago.
Ok - I will accept your request - this will give me your phone number.
What time is best to call you tomorrow?
Kind Regards
Caroline
Customer: replied 1 year ago.
After 6 pm please if that ok
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
That is fine with me.
I will call you after 6pm.
Kindest Regards
Caroline
ukfamilysolicitor and other Family Law Specialists are ready to help you
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
I have your number now and will call you tomorrow as requested.
Kindest Regards
Caroline
Customer: replied 1 year ago.
Thank you
Expert:  ukfamilysolicitor replied 1 year ago.
your very welcome
thank you for using Just Answer
kind regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Hope you are ok
Just tried to call - but got your voicemail.
Let me know when you are free.
Kind Regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Just me again :-) tried again but got your voicemail.
I need to nip put - any chance you might be free if I call you tomorrow?
Kind Regards
Caroline
Customer: replied 1 year ago.
Yes I'm so sorry about today I film after 1830 tomorrow sorry about that
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Just let me know when is best for you tomorrow
Kind Regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
I hope that you are ok.
Just thought I'd give you some written advice because I have not heard from you.
It is the view of the family courts that children are entitled to have a relationship with both of their parents unless there are any child protection concerns.
The court consider that children benefit from a routine and should have the knowledge of when they are going to next spend time with their other parent.
The family courts can make a child arrangement order to confirm the time that a child can spends with both his parents. This type of order is particularly useful if you are denied contact, just because the mother changes her mind, when she feels like it.
The family court also consider that it is important that children should be able to go on holidays abroad with one parent. The courts consider that children will enjoy such holidays and should not be denied such opportunities. If the mother denies permission for your son to go on holiday with you - then you can ask the court for Temporary Leave to Remove your son from the Jurisdiction for the purpose of a holiday.
In any event the first step to trying to reach an agreement, if the mother wont agree, is to refer your matter to Family Mediation. Mediation will try and help you both agree without the need to make an application to court. There are lots of mediation services and there will be one local to you. Just google Family Mediation in your area and give them a call to get the ball rolling.
If agreement cant be reached at mediation or the mother wont engage in mediation then you can apply to court for a Child Arrangement Order and the court will make the decision as to what the outcome should be. The decision being made by the court as to what is in your sons best interest.
Please note that you do have to make a referral to mediation before you can apply to court for a child arrangement order. If you dont the court will reject your application.
You should also try and give the mother plenty of notice in respect of any planned holiday abroad. If you have time for mediation then you should also utilise this service. If, however, say for example the mother agrees to a holiday, but then withdraws her consent just before the holiday, then the court will accept an urgent application for a hearing to decide about the holiday before the date of the holiday. If this happens then you can mark your application as urgent.
Both of these types of applications are made on the same Form - C100. Send to local family court. The court fee is £215.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
Customer: replied 1 year ago.
Thank you for all your help
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Your very welcome
Please do not hesitate to ask if I can assist you further.
Kind Regards
Caroline

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