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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 724
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My ex-wife is refusing to change the existing contact arrangements

Customer Question

My ex-wife is refusing to change the existing contact arrangements with my two boys, aged 8 and 10.
I currently have them every weekend from Saturday lunchtime to Sunday late afternoon. After 3 years of being single I now have a new partner and to allow some time with her alone I have asked to see the children every other weekend from Friday evening until Sunday afternoon. She is refusing to change and is using the children as the reason saying they are happy the way it is. I have tried to persuade her over the last 6 weeks but to no avail.
What remedy do I have to introduce this change?
Regards, Ashley
Submitted: 11 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 11 months ago.
Hello Ashley
I am a Solicitor and will assist you.
What you are proposing does not appear unreasonable to me.
Weekends are usually the most contentious time for parents and I am surprised that the mother is not wanting to spend some weekend time with your children herself.
Does she perhaps work on the weekend?
Kind Regards
Caroline
Customer: replied 11 months ago.
Hi CarolineShe currently has them Saturday morning until 12:00 and then from 16:00 on Sunday. And no she does not work weekends, in fact she works 3 days per week through a job sharing arrangement.Regards, Ashley
Expert:  ukfamilysolicitor replied 11 months ago.
Hello Ashley
My apologies for my delay in responding to you.
It doesnt seem as though the mother is getting much quality time with your boys on a weekend. It is often the case that the weekends are alternated so that both parents can spend quality time with their children such as going out for the day and activities etc.
Whilst I appreciate that children do benefit from a routine, that being the mothers argument, I do wonder if you had pitched your proposal on the basis of the mother also getting quality time rather than because of your new partner than the mother may have agreed?
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. If you dont the court will reject your application.
The application is court is made on Form C100. Send to local family court. The court fee for this type of application is £215.
Kind Regards
Caroline
Please kindly remember to rate positively so that we receive credit for our work.
Expert:  ukfamilysolicitor replied 11 months ago.
If you found this service useful - please kindly remember to rate positively so that we receive credit for our time.
Customer: replied 11 months ago.
Are there any other arguments that you think would be persuasive over and above the 'quality time' angle?
Expert:  ukfamilysolicitor replied 11 months ago.
Hello
In my opinion - the argument that a routine should be set that gives both parents quality time with your boys - is the whole basis of what the court would be looking at when deciding what is in your sons's best interest.
Kind Regards
Caroline
Expert:  ukfamilysolicitor replied 10 months ago.
Please kindly remember to rate positively so that we receive credit for our work. Your question does not close when you leave positive feedback and I can answer your follow up questions for free.

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