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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
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 son is going through divorce proceedings at the moment.

Resolved Question:

My son is going through divorce proceedings at the moment. There are some questions which we as parents ask and he seems unable to answer.
How is access to children agreed? Is she allowed to dictate how and when this should happen?
His wife has changed the locks on the family home so he no longer has access. Is she legally allowed to do this?
She refuses to let him take his tools,of which there are quite a few,from the house. Can he demand them?
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:

-Are there any court orders or police restrictions restricting him from returning to the home?

-Is the home jointly owned?

-How old are the children?

-Are the tools necessary for his employment?

Expert:  Clare replied 1 year ago.

Thank you for your question

My name is ***** ***** I have been a solicitor for more than 30 years

In fact the law says that children should have a relationship with both parents and the courts will enforce this if necessary

Despite what she may think his ex cannot simply dictate when he sees the children.

This is something that they need to discuss and agree together- possibly using Family Mediation

www.familymediationcouncil.org.uk

But if no agreement can be reached then your son can apply to the Court for a Child Arrangement Order setting out when the children will be in his care.

If mum has always been the main carer then this will continue - but your son should be aiming for alternate weekends (friday to monday if possible) plus one evening /night in the week plus up to half of the school holidays

he can find out more here

http://theparentconnection.org.uk/

If the children are over 11 their wishes are of great importance in terms of what the arrangements should be.

So far as the house is concerned his ex is NOT allowed to change the locks - and your son is entitled to return there whenever he wishes breaking in if necessary (although it may be unwise to do this)

He only has to stay away if there is a Court Order in place excluding him from the property

He is free to return to the house when his ex is not there and remove the tools that he needs if she is refusing to let him collect them - although it would be wise to give a deadline first

I hope that this is of assistance - please ask if you need further details

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your reply it has answered our questions and we are able to support him in dealing with a difficult position. He and his wife seem to communicate via e-mail and I am encouraging him to keep and record his messages. Would he be better putting his feelings down on paper? This would mean that he would have evidence?
Expert:  Clare replied 1 year ago.

The email trail is fine