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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1918
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Can my ex partner stop me from seeing my 3 children extra

Resolved Question:

can my ex partner stop me from seeing my 3 children for an extra night every once in a while I pay maintenance every week and have the kids Thursday, Friday one week and Friday , Saturday alternating I've said the money would stay the same but she has said no to my request .? thankyou
Submitted: 6 months ago.
Category: Family Law
Expert:  Harris replied 6 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-How old are the children?

-Is there a court order in place, if so when was it made?

-Is there a formal child maintenance calculation?

-What are the reasons for refusing to increase the time they spend with you?

Customer: replied 6 months ago.
children are 11,8,6
no court order
we've worked the maintenance out between our selves using gov.com
the reasons she said were that she would not see them for an extra weekend I cannot have them extra in the week because of work
Customer: replied 6 months ago.
I pay £75 a week plus pay for cricket football dancing and clothes shoes trainers etc
Expert:  Harris replied 6 months ago.

Thanks for confirming. Given the ages of the children and there being no court order, it would be expected for her to have some flexibility in the arrangements for the children, however if she does not agree then your only option would be to start the process of applying to court and whether the cost, time and stress of proceedings is worthwhile for an extra night occasionally is something you will have to consider.

If you do feel that you wish to pursue the legal route and that it is in the children's best interests to seek this increase, 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 concerned
2. The child’s physical, emotional and educational needs
3. The likely effect on the child if circumstances changed as a result of the courts decision
4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5. Any harm the child has suffered or may be at risk of suffering
6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7. The powers available to the court in the given proceedings

If 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 using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1918
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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