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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2810
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I recently split up with my partner but we have 5 years old

Resolved Question:

Hi, I recently split up with my partner but we have 5 years old daughter together and my ex partner she's not allowing me to have my daughter overnight in my place. I've got one bedroom flat with quite spacious lounge. I told my ex that my daughter she can sleep in my bedroom and I can sleep on the couch in the lounge or even buy single bed if it's necessary but she's saying that I need to have 2 bedrooms if I want to have my daughter overnight. My question is do I really need to have 2 bedrooms ?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thanks for your question. Please confirm if you are in England or Wales?

Customer: replied 1 year ago.
England
Expert:  Harris replied 1 year ago.

Thanks. What have the arrangements been since the separation?

Customer: replied 1 year ago.
We agreed that I'll have my daughter from Friday until Sunday from 8 am until 17:30 (because she was working those days). Also we agreed that if her circumstances will change I'll have my daughter every Saturday and if want to see her any other day I have to give her 24h notice but during the week she is allowing me to my daughter only at her place. We never discussed overnight stays because when we separated I was not in position to rent anything and I was living with my friend. Since January this year I've got my own place and I was trying convince my ex that my daughter needs more time with me it's for her best interest. My ex she was promising me that it will happen but I have to give more time so I didn't want to press her too much in this matter until I took my daughter for a trip and we came back quite late and she fell asleep in my place. So I called my ex and told her about the situation and she told that she can't stay overnight unless I've got 2 bedrooms. I going to arrange meeting with local mediator to make some changes to our original agreement but I want to know if I really need 2 bedrooms to have my daughter overnight.
Customer: replied 1 year ago.
obviously I'm paying my ex regularly every month child maintenance money
Expert:  Harris replied 1 year ago.

Thanks for confirming. Given your housing situation, you are providing reasonable proposals for your daughter when she stays over with you.

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

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