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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1095
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have left my husband after an affair. I have always worked

Customer Question

I have left my husband after an affair. I have always worked FT and he looked after the children so the children have remained with him. He is now limiting my access which is difficult with my work - is he allowed to do this? He is also making threats against my new partner. Where would I stand with full custody if I went for it?
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to to Just Answer I am a Solicitor and I will assist you. I am sorry to hear that your husband is restricting the time that you sepnd with your children. Please may I ask: - how old are your children?- what is the current routine?- how long has this been in place? Kind Regards Caroline
Customer: replied 1 year ago.
5 and 6
I have them every Wednesday and alternate weekends. I would like to see them on Monday/Tuesday dependent on my work schedule but he will not permit this.
I sometimes have to miss a Wednesday due to work commitments and there is no flexibility. I currently pay £700 a month in maintenance.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thank you for your response. it is the position of the courts that children are entitled to a good relationship with both of your parents as long as there are no child protection concerns. it is not unreasonable to ask for some flexibility to allow for your work schedule. The first thing you need to do is refer your case to Family Mediation. There are lots of Family 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. Mediation will try and help you and the father agree a schedule with some flexibility to encourage your relationship with your children. If the father wont engage in mediation or a schedule cant be agreed then you can refer your case to court for a Child Arrangement Order. The court will then decide when your children will spend time with both of you. You cannot make an application to court unless you have attended at mediation first. If you do not take this step then the court will reject your application. The courts emphasis is very much based on equal parenting and they will consider your relationship an important and want to promote this. 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
Customer: replied 1 year ago.
If he does not agree to mediation how then do I apply to court without it being rejected?Will his harassment of my new partner count against him in court?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello My apologies for my delay in responding to you. In respect of the harassment of your partner - have the child witnessed such behavior? also are there any child protection concerns in respect of your ex and how he treats your children? Kind Regards Caroline
Customer: replied 1 year ago.
The children have not witnessed the harassment and there are child protection concerns other than the fact his mother is an alcoholic (I don't like the children being left with her).
Expert:  ukfamilysolicitor replied 1 year ago.
Hello If he doesnt engage with mediation then then mediator will sign the form that you need to apply for court to say that you have attempted mediation. Your application will therefore not be rejected. Whilst it is too be mentioned at court the difficulties he is causing your partner - a family court will unlikely reduce his time with the children if they have not been exposed to the same. Please dont hesitate to ask if I can assist you further. Kind Regards ***** ***** kindly remember to star rate my service so that I receive credit for helping you today