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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 865
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Im having trouble with ex partner who i have a 2year old

Customer Question

Hi im having trouble with ex partner who i have a 2year old dependent with also a step daughter age 7. im being forced into having kids tuesday evenings and thursday evening after i finish work around her house, till she returns from her 'break ' .she didnt get back till 1.30 am this tuesday and i work full time and have to be up early iv mensioned stopping haveing them in the week as its too much and im tretend with access stopping altogether where do i stand and how should i go about this ?.
O and i also have them all weekend every weekend !!
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: - when did you and the mother split?- are you also getting weekend time?- do you hold parental responsibility for the 7 year old? Kind Regards Caroline
Customer: replied 1 year ago.
We split in august but was a long time coming
i have them from saturday dinner till sunday tea time every weekend
I have no parental responsabilities for her but her mum makes me feel guilty about leaving her out
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thank you for your response. It does sound like you are being used as a baby sitting service! May I ask - is it possible for the children to stay at yours on the week nights or not? Kind Regards Caroline
Customer: replied 1 year ago.
Not really atm im living with parents and not enough beds, plus im up for work at 6 every morning. i dnt even get a weekend to myself do you think it would be wise to just see them at weekend n see what her action will be? i carnt physically do it anymore its killing me
Customer: replied 1 year ago.
But dont want to loose access to kids :(
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thank you for your response. I do not think that your request is an unreasonable one at all. It is unfair to expect you to stay up so late when you get up or work so early and this isn't really benefitting the children. You could suggest maybe a few hours or so for their tea if you wanted too and could manage this - but so late isn't really fair. Firstly I want to let you know that it is the position of the courts that children are entitled to have a good relationship with both of their parents and this is only deviated from if there are child protection concerns. The courts consider parents as equal and they will make orders for the children to be made available to one parent if the other parent is unreasonably withholding the children from spending time with the parent. If you do put proposals to your ex and she doesn't agree and then denies you contact with your child then you need to follow the next steps that I will detail for you. Please do however note that the court will not be able to make an order that the older child spend time with you as you are not a biological parent - but you could mention in your application that you would be willing to care for both children and hopefully the mother will agree that the older child can come along with your younger one. Before you can go to court - you do have to refer your case to family mediation. If you do not do this the court will automatically reject your application without even considering it. There are lots of family mediation services and there will be one local to you. Just google family mediation in your area and give the a call to get the ball rolling. If your ex wont engage in mediation or agreement cannot be reached then the mediator will sign the form that you need to apply to court. This is the form that you need for court:http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=2253 The court fee is £215. But you may be eligible for a waiver / reduction depending on your income. See this form: http://hmctsformfinder.justice.gov.uk/HMCTS/GetForms.do?court_forms_title=apply%20for%20help If you were to pay for a solicitor to help you - then you would be looking around £3 - £5k if the matter was fully contested. Legal aid is only available if you have domestic violence evidence and you qualify on means. Given what you have said about your ex treating you - it is worth taking this letter to your GP - if your GP considers that you are suffering with a condition such as stress as a result of your ex's behaviour towards you and they complete the form for you - take it to a legal aid solicitor so that they can assess your means: https://www.gov.uk/government/publications/give-evidence-of-injuries-consistent-with-domestic-violence If you have to apply to court by yourself - then do not worry about this- a lot of people apply in person now and the court will help you through the process. Please do not hesitate to ask if I can clarify anything for you. Kind Regards ***** ***** kindly remember to star rate my service so that I receive credit for helping you today
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Customer: replied 1 year ago.
Thankyou so much for your time and advice much appriciated
Thanks again tom
Expert:  ukfamilysolicitor replied 1 year ago.
Your welcome Tom Your question remains open - so if you need any further help just ask and I can help you for free Kindest Regards Caroline