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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have a 5 year old daughter that stays with me three nights

Resolved Question:

I have a 5 year old daughter that stays with me three nights a week and all day on Sunday. Her mother left when my daughter was nearly 2. We had been together for 12 years but were not married. I am on the birth certificate.
My ex goes away on holiday without my daughter, a few times a year, with her new husband. This week she is going away with friends, without her husband. She wants me to have my daughter extra nights, which I am happy to do. In fact, I would like my daughter with me every night that her mother is away.
My question is, as the father, can I say that I am having my daughter every night, while she is away, or does her step father have the right to overrule me?
I am not sure that he would even want to but would like to know who has the right to decide where my daughter is when her mother is away.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. As your name is ***** ***** birth certificate you have parental responsibility which grants you the right to be consulted regarding major decisions in her upbringing such as health and education decisions, as well as leaving the UK for holidays - the mother needs to consult you regarding this and you can object if it is reasonable. In relation to staying over with the step-father - unless he has also been granted parental responsibility by agreement or through a court order, he has no rights in relation to your daughter and this includes contact arrangements. If there cannot be agreement regarding contact arrangements between your daughter and the step-father it would be for him to pursue an application to court. Your daughter has a right to a relationship with you, which includes contact, and this cannot be restricted unless the mother has justifiable concerns regarding the level of care you provide to her. Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
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