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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34275
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My partner has a 4 year old. His not allowed to take him out

Customer Question

My partner has a 4 year old. His not allowed to take him out of London without her.. We have been together 15years we split briefly he is the result of a split. What can we do?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What contact does he actually have with the child

Customer: replied 1 year ago.
He sees the child every weekend. But his not allowed me. His not allowed to take him out if London. He has to pay to take her on holiday because she won't let the kid just be with his dad
Customer: replied 1 year ago.
If she thinks he has seen me his not allowed contact
Expert:  Clare replied 1 year ago.

How long does he see the child for each time?

Customer: replied 1 year ago.
Its completely up to her.... He tries every weekend. But she leaves it to the last minute. His not allowed to take him out of London. He has 2 older children, which I was allowed to be part of their lives. He didn't want any more. Now It's not til saturday morning that we know his allowed to go. We can't plan anything. We have been told that it could take 5 years to put an order in place and she could still tell me to go away.
Customer: replied 1 year ago.
Tell him to go away.
Expert:  Clare replied 1 year ago.

Who told you it could take five years?

Customer: replied 1 year ago.
He paid to see a solicitor. She told him it could cost thousands and he my not see him at all. She could say anything to keep him away. She's had social services take the child from her twice. She hides his key to make him stay.
Expert:  Clare replied 1 year ago.

Nonsense - then and now

The law says that a child is entitled to direct contact with both parents (without the other) and the courts will enforce this if necessary

There should be a regular pattern of contact - be it weekly for a day or fortnightly for a weekend (and maybe an evening in the week plus up to half of the school holidays)

Provided there is no safe guarding reason why you should not be around children then his contact should also include you some of the time.

Your partner need sto try and discuss this with his ex using Family Mediation

www.familymediationhelplinecouncil.co.uk

but if she refuses or it fails then he can apply to the court using a Form C100 and paying the fee of £215

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/c100-eng.pdf

This will take between three and six months to complete and will be enforceable

Please ask if you need further details

Customer: replied 1 year ago.
Ifwe go through this route.... If she says no when we collect him. what happens?
Expert:  Clare replied 1 year ago.

Once there is a Court Order in place then if his ex breaches it your partner can apply to enforce the Order

The options available to the Court includes Community Service; Prison, or transferring the care of the child to your partner

Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
He is saying that his been told she can lie... She can say his drunk and refuse him to have the child.
Expert:  Clare replied 1 year ago.

Of course she can lie but she will have to prove that she is telling the truth - and she will not be able to