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Ask Harris Your Own Question
Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex wife has changed contact details with me from having

Customer Question

Hi , my ex wife has changed contact details with me from having my daughter every day before work or after work due to shifts to not at all during the week and only seeing her at weekend after a 4 week notice . Is this something I can change ?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information required to fully assist you:-How old is your daughter?-How long were the past arrangements been in place?
Customer: replied 1 year ago.
My daughter is 2 years old . The arrangements where in place for about 1year 6 months then I ask for them to be change as I had no time to myself .
Expert:  Harris replied 1 year ago.
Thanks for confirming. If this is not in the interest of your daughter then you can propose that it be returned to the previous arrangements and explain why. Furthermore, if you are unable to have contact on the proposed arrangements then this will be reason to request it revert to the previous arrangements as your daughter has a right to a relationship with you. If you cannot agree the arrangements directly between you I would 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. For your information the Court will take into consideration the following when making a decision regarding the application:1.The wishes and feelings of the child concerned2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedingsIf you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 1 year ago.
So mediation is the first point to try and sort the contact out . I asked to see my daughter on the week I have early shift she refused due to wanting a routine for my daughter is this a reasonable refusal ?
Expert:  Harris replied 1 year ago.
She could argue it is a reasonable refusal as a routine for a child is important, but it needs to be weighed up alongside the rest of her activities and both your timetables too.
Customer: replied 1 year ago.
So with me doing shifts one week 6-2pm and the next 2pm - 10pm . She could refuse me seeing my daughter on the early shifts and just have one day at weekend unless we sort something out at mediation or in court ?
Expert:  Harris replied 1 year ago.
Yes - unfortunately she would be able to as it is her view that this is in your daughter's best interest. As there is no current court order in place you cannot enforce the previous arrangements. I appreciate that this may not be the answer you would have hoped for, but if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Harris and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
So then it seems I need to apply for a court order rather then mediation or would u advise mediation first ?
Expert:  Harris replied 1 year ago.
You will not be able to apply to court unless you have at least attended a mediation information and assessment meeting (called a MIAM) to see if mediation is suitable. If it is, then mediation can go ahead, if it is not suitable, the mediator will sign you off and you can proceed to court.
Customer: replied 1 year ago.
Thank u . U have been helpful . One last question . As I'm my daughters next of kin does my ex have to tell me where my daughter is attending childcare ?
Expert:  Harris replied 1 year ago.
No worries at all - If you have parental responsibility (if you were either married to the mother at time of daughter's birth or named on her birth certificate) then you have a right to know this information and be consulted regarding her education and other major decisions in her life. You will also have a right to school reports and access to medical records and to be kept up to date regarding such issues - either from the mother or directly from the relevant organisations.
Customer: replied 1 year ago.
Which I have as we were married but my ex is again refusing to tell me where my daughter is going , can I do anything about this ?
Expert:  Harris replied 1 year ago.
You need to remind her that you have parental responsibility and she must provide this information to you - otherwise it can be obtained as part of mediation or during court proceedongs.
Customer: replied 1 year ago.
Hi I contacted mediation and she doesn't want to go, as she doesn't think we will sort anything out . Do the next step for me is ?
Expert:  Harris replied 1 year ago.
Thanks for the update - the mediator should give you a signed C100 application form which you can use to issue a child arrangement order application to your local family court together with a £215 court fee. Once the form is completed you need to make 3 copies and provide all to the court for issuing.
Customer: replied 1 year ago.
So if she says no to the mediation they will contact me and I can ask for this form ?
And the form is about wot I would like from the contact ?
Expert:  Harris replied 1 year ago.
Yes - it is the for for you to apply for a child arrangement order to spend time with the child.
Customer: replied 1 year ago.
Hi would this be an unreasonable request for contact ? I have uploaded a photo of what I wrote
Expert:  Harris replied 1 year ago.
Yes, this seems reasonable.