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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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 want to have in dependent access to my five year old. i am

Resolved Question:

i want to have in dependent access to my five year old. i am legal father and have been seeing him since he was born. there is now a breakdown between mother and myself. could i go to court for a contact order. how long would it take. is she likely to contest
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstAre you named on the Birth Certificate and what contact have you had until now?
Customer: replied 1 year ago.
yes i am i see him about twice a week and pay main tanance. i stay over night and he only knows me as his dad. we have a full and loving relationship
Customer: replied 1 year ago.
anything else/ i also have 2 other children to a previous and have no problems with their mum. also Finlays mother wont let him see any of her or my family.
Expert:  Clare replied 1 year ago.
Do you ever have him alone without his mother at all - and do you ever have the care of your other children?
Customer: replied 1 year ago.
Yes I do have contact alone but not much. I see my other 2 on their own every other day
Customer: replied 1 year ago.
It's usually at night when she goes out. And in the morning when she is still in bed. Also I have started taking him on his bike on our own.
Expert:  Clare replied 1 year ago.
Do you ever have the older ones overnight?
Customer: replied 1 year ago.
Yes. All the time
Expert:  Clare replied 1 year ago.
I have to ask - why have you been so patient for so long?
Customer: replied 1 year ago.
Because she has been threatening me with not seeing him. But it's reached a real bad place...she now won't let him see my other 2. We where kind of trying to start again but I found her with another man whilst I was upstairs with our son.
Customer: replied 1 year ago.
I have all the texts
Customer: replied 1 year ago.
Also my father died on Christmas day and she wouldn't let him speak to him to say goodbye on his death bed
Expert:  Clare replied 1 year ago.
That must have been very difficultThe law says that a child is entitled to a close personal relationship with both parents and the Courts will enforce this.You are entitled to spend time with your child away from your ex - and to enable all your children to have a relationship with each other.You should try and discuss matters with your ex using Family mediationhttp://www.familymediationcouncil.org.uk/find-local-mediator/IF (when) that fails you can apply to the court for a Child Arrangement Order setting out the time your son spends with you.Given the close relationship between you you shoudl look for alternate weekends plus a night in the week (if school is close enough) and half of the school holidaysYou will need to build up to that since you have never had the child on your own but as i said you have a close relationship so it should not be an elongated process.You may find this site helpfulhttp://theparentconnection.org.uk/I hope that this is of assistance - please ask if you need further detailsClare
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