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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am seperated from my wife and have been over a year now.

Customer Question

I am seperated from my wife and have been over a year now. We have a daughter who is 2 next week. She does not allow me to have my daughter for the day or weekend. Am I not entitled to at least have her one weekend every two weeks? So she can spend time with me and my family?
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:

-What are the exact arrangements and how ling have they been in place for?

-What are her reasons for not allowing day or weekend contacts?

Customer: replied 1 year ago.
I just visit whenever she is available and that's it. If she is busy I don't see her. She frequently leaves her in her grandmas care (her mum) but never in mine. When I'm there I bath her, feed her, take care of her etc. Plus I live with my mum who raised 3 kids so it's not like we aren't capable.She just doesn't want my daughter to spend time with my family. She claims she does not trust them, which I find highly offensive especially when that is based on nothing but personal dislike.Me and my ex have a good relationship, I play it cool and look after them both but my family have only seen her twice and she's two next week. I really want to put something legally place so my daughter is in my care every other weekend
Expert:  Harris replied 1 year ago.

Thanks for confirming. Your daughter has a right to a relationship with you which can only be reasonably restricted if there are child protection concerns.

In the circumstances 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

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.