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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2296
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I'm after a bit of advice due to work hours my children

Customer Question

Hi I'm after a bit of advice due to work hours my children have been staying with their dad for 5 days a week during school time and with myself mum over the weekend.
I'm now in a different employment and the kids want to spend more time with me, but their dad is now threatening to take me to court.
He's quite bitter because I have applied for the benefit for one of our 2 children but as they are with us both now the same amount I thought it was only fair.
I'm now worried that he will try and stop me seeing my children.
What rights or options do I have
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
There has never been a court order or residency agreement made between me and my ex.
My daughter was registered before Dec 2003 my son was born 2006.
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. How old are the children? How long has this arrangement been in place? Do you the father live within close proximity to each other? The children have a right to a relationship with both of you unless there are serious concerns about the level of care provided to them during the time they spend with each of you and the arrangements should be agreed to be in the best interest of the children to enable them to maintain the relationship and enjoy quality time with both of you.
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2296
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
My children are 12 and 9 .
We have been doing this for the last 3 years.
During that time they also spend holidays with me.I got married last year and that has made things difficult when dealing with my ex .He is now saying that my husband can not go and collect my son from school
Customer: replied 1 year ago.
We love within 8 miles of each other
Expert:  Harris replied 1 year ago.
Thanks for the further information. If there are no concerns regarding the care to the children then you should formally propose the arrangements you seek and state the reasons why (eg. the children deserve to spend equal time with both of you) and that if he does not agree you should proceed with the taking the matter to court. In the circumstances I would also suggest that you make a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in the children's best interests. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a child arrangement order and the court can make a decision regarding the matter.
Customer: replied 1 year ago.
Thank you for your reply, I have no worries about my children s safety, but I do of my own.
When we split he turned violent and had a restraining order placed for 12 months.He is now threatening not to let the children come to me as arranged.Can he apply for a residency order without my consent ?
Because he has had them more than me in the last 3 years
Expert:  Harris replied 1 year ago.
He can apply to court for a child arrangement order for the children to live with him (previously called residence orders), but you will need to be served with the application and you will be involved in the proceedings and can contest this.
Customer: replied 1 year ago.
Can I apply to the court for one also?
Although I am their mum and all living and access arrangements up till now have been able to been done between us but now the children want to spend equal time with us both so that's what I propossed but now has worried about loosing his benefits
Expert:  Harris replied 1 year ago.
Yes you are able to apply for the same under Form C100 as stated above, however if there is no urgency or child protection concerns then you will need to attend the mediation information session (this will be alone with the mediator) before submitting the application
Customer: replied 1 year ago.
But what do I do if I go and collect my children tomorrow and he refuses to let them go with me?
Expert:  Harris replied 1 year ago.
If that happens I would suggest that you attend your family court the next day and submit the application on an urgent basis. Unfortuantely as there is no court order in place there is no arrangement to enforce

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