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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2726
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I received a message from my ex wife today saying that she

Resolved Question:

Hi all
I received a message from my ex wife today saying that she was getting a court order for access to see my children.
I was due to take them to Center parcs next week and now she is saying that I'm Not allowed to see them for 6-8 weeks.
The kids where all
Really excited to go and now she has done this with just 3 days until the holiday what can I do?
Thankyou
Darren
Submitted: 11 months ago.
Category: Family Law
Expert:  Harris replied 11 months ago.

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

-What has instigated this?

-Is there a court order in place at the moment, if so what are the terms?

Customer: replied 11 months ago.
Hi my second eldest daughter wants to come and live with me and we offered her a trial period here the week after the holiday to see if she likes it. My ex thinks that I won't bring her back.
There is no court order In place
Many thanks
Expert:  Harris replied 11 months ago.

Thanks - how old are the children and what have the arrangements been to date and how long have they been taking place for?

Customer: replied 11 months ago.
I have 7 children with her the eldest is 18 then I have a 17 year old who lives with me then a 15 year old then a 10 year old then a 9 year old who wants to live with me then a 7 year old and a 6 year old.
I have them every other weekend and next week would be the first time I have them for a whole week
Expert:  Harris replied 11 months ago.

How long has this arrangement been taking place for?

Customer: replied 11 months ago.
About a year and a half like this before that it was alternate friday and Saturdays
Expert:  Harris replied 11 months ago.

Is she planning on going abroad with them as 6-8 weeks of suspension is quite some time.

Customer: replied 11 months ago.
No as the kids have no passport this is what she said her solicitor advised her too do
Expert:  Harris replied 11 months ago.

Thanks for confirming. Firstly, from what you have said she has no grounds to restrict the arrangements in this way. The children have a right to a continued relationship with both of you which can only be reasonably restricted if there are child protection concerns or if it is in the children's best interests and you have not indicated that either is the case. Given that the arrangements have been happening for quite some time, the children would have been in an obvious routine and ending this is against their best interests, however as there is no court order in place there is nothing you can enforce immediately.

In the circumstances I would suggest that you first right to her explaining that her cancellation of the agreed arrangements is against the children's best interests and put her on notice that you will be pursuing your legal options (if this is the case of course). If she does not return to the arrangements you should 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

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