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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 757
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My partners ex is threatening to stop him from seeing their

Customer Question

My partners ex is threatening to stop him from seeing their son. We have him every other weekend (Friday evening to Sunday evening) we pick him up and drop him off.
We pay her child maintenance monthly and we contribute towards his extra curricula activities.
We alternate during Christmas holidays. Whoever has him for Christmas, the other has him on Boxing Day and News eve and New Year's Day.
His son has my partners surname and his name is ***** ***** sons birth certificate.
We don't know why she's acting like this other than the fact that she didn't like it when my partner and I went to the lakes for five days without taking his son. I don't know why that is illegal or selfish in any way.
Submitted: 8 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 8 months ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you today.

I am sorry to hear about the problems that your partner is having with the mother of his son.

Please may I ask:

- how old is his son?

- are there any court orders aready in place?

- how long has the curren routine been in place?

kind regards

Caroline

Customer: replied 8 months ago.
Ashton is 8 years old.
Current routine has been going on for the last 5-6 years.
They are no court orders in place.
Expert:  ukfamilysolicitor replied 8 months ago.

Hello

Thank you for clarifying that for me.

It is the position of the family courts that it a child right to have a good relationship with both of their parents unless there are child protection concerns. Going on holiday as a couple is not such a reason and appears to be more one of jealousy by the mother, especially given the length of time that the current routine has been in place.

If the mother does decide to follow through with such threats then your partner needs to make an appication to the family court for a child arrangement order. This is an order that stipulates the time that Ashton gets to spend with his dad.

The first step you would need to take is to refer to family mediation. If you do not do this then the court will reject the application.

There are lots of family mediation services and there will be one local to you. Just google family mediation in your area and give them a call to get the ball roling.

If mediation doesnt reach agreement - or the mother wont engage - then the mediator will sign the family that you need to apply to court.

The Form is the C100. There is a court fee payable of £215 at the start of the application - then no other court fees.

The current routine is not unreasonable and a court would likely order in line with this.

It is worth letting the mother know that you will take this course of action if she decides to be difficult.

let me know if I can help you further.

kind regards

Caroline

Please kindly remember to star rate our service so that we receive credit for helping you today. Your question remains open when you leave positive feedback and I can answer your follow up questions for free.

Customer: replied 8 months ago.
Hello.
Can you please let me know when I can expect a full response from you.Many thanks.
Expert:  ukfamilysolicitor replied 8 months ago.

hello

I have sent this - but will copy and paste again for you.

kind regards

Caroline

Expert:  ukfamilysolicitor replied 8 months ago.

Hello

Thank you for clarifying that for me.

It is the position of the family courts that it a child right to have a good relationship with both of their parents unless there are child protection concerns. Going on holiday as a couple is not such a reason and appears to be more one of jealousy by the mother, especially given the length of time that the current routine has been in place.

If the mother does decide to follow through with such threats then your partner needs to make an appication to the family court for a child arrangement order. This is an order that stipulates the time that Ashton gets to spend with his dad.

The first step you would need to take is to refer to family mediation. If you do not do this then the court will reject the application.

There are lots of family mediation services and there will be one local to you. Just google family mediation in your area and give them a call to get the ball roling.

If mediation doesnt reach agreement - or the mother wont engage - then the mediator will sign the family that you need to apply to court.

The Form is the C100. There is a court fee payable of £215 at the start of the application - then no other court fees.

The current routine is not unreasonable and a court would likely order in line with this.

It is worth letting the mother know that you will take this course of action if she decides to be difficult.

let me know if I can help you further.

kind regards

Caroline

Please kindly remember to star rate our service so that we receive credit for helping you today. Your question remains open when you leave positive feedback and I can answer your follow up questions for free.

Expert:  ukfamilysolicitor replied 8 months ago.

let me know if I can hlep you further

kind regards

Caroline

Expert:  ukfamilysolicitor replied 8 months ago.

Hello

Thank you for clarifying that for me.

It is the position of the family courts that it a child right to have a good relationship with both of their parents unless there are child protection concerns. Going on holiday as a couple is not such a reason and appears to be more one of jealousy by the mother, especially given the length of time that the current routine has been in place.

If the mother does decide to follow through with such threats then your partner needs to make an appication to the family court for a child arrangement order. This is an order that stipulates the time that Ashton gets to spend with his dad.

The first step you would need to take is to refer to family mediation. If you do not do this then the court will reject the application.

There are lots of family mediation services and there will be one local to you. Just google family mediation in your area and give them a call to get the ball roling.

If mediation doesnt reach agreement - or the mother wont engage - then the mediator will sign the family that you need to apply to court.

The Form is the C100. There is a court fee payable of £215 at the start of the application - then no other court fees.

The current routine is not unreasonable and a court would likely order in line with this.

It is worth letting the mother know that you will take this course of action if she decides to be difficult.

let me know if I can help you further.

kind regards

Caroline

Please kindly remember to star rate our service so that we receive credit for helping you today. Your question remains open when you leave positive feedback and I can answer your follow up questions for free.

Customer: replied 8 months ago.
Thank you so much for your help. We do think that she's acting out of jealousy. But we are trying our best not to fall to her level.
Expert:  ukfamilysolicitor replied 8 months ago.

Glad I could help. Its not fair on Ashton for her to be acting this way. If you could kindly star rate my help Id be grateful otherwise we receive no credit for our service.

ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 757
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 8 months ago.
Hello Caroline,
Sorry to bother you again. We have contacted Ashton's mother and told her that we have been advised to go for family mediation instead of applying for a court order first.
She's replied saying that she doesn't want to do family mediation. Which I think is very strange. Don't know why she doesn't want to settle things outside court. So what do we do now? Do we apply for a court order now? It's infuriating because she literally has no valid reason to stop Richard from seeing his son and yet we are the ones who have to pay for the court order. I have already spent £31 using this service just to seek advice.
I think it's very unfair. Sorry for the rant lol but I'm just frustrated and angry.Kind regards,
Farai
Expert:  ukfamilysolicitor replied 8 months ago.

Hello Farai

Not bother at all - happy to help.

Your still going to have to apply to mediation otherwise the court will reject your application. If the mother doesnt engage at mediation the medaitor will sign the form - then you can apply to court.

It is very unfair - the mother ceasing a long standing arrangement for no reason and its certainly not it Ashton's best interest to be denied a relationship with his dad.

kind regards

Caroline

Ps - as you have already left a positive rating - if you need any follow up advice - use this thread and I can answer them for free for you.

Customer: replied 8 months ago.
Thank you for the quick reply. I really do appreciate it. She's just text us to say that she wants Richard to apologise for going on holiday. And then she will us to see him.We are wondering is Richard legally required to have Ashton during the summer holidays? She's complaining that we didn't have Ashton for longer than the weekend during the summer holiday.
We already explained to her that Richard can't have Ashton for a week during he summer holidays because he is self employed. So if he does take a week off work. It means he won't get paid for the whole week. So if she did want us to have him for a week she will have to accept that we will deduct her child maintenance for that month.Anyways what I am trying to figure out is if by law Richard does have to have Ashton for longer during the summer holidays?
Just to clarify we have taken Ashton away with us on mini breaks on the weekends that we have him with us. In fact the break in the lakes was Richard and I's FIRST ever break together without Ashton ever since we have been together.Sorry if I'm not making any sense. I have brain fog atm. I am unwell at the moment and on medications which are making me drowsy. So I hope what I am writing is making sense to you lol.Many thanks.
Expert:  ukfamilysolicitor replied 8 months ago.

Hello Farai

The answer you seek is no - there is no law that would make Richard have to take unpaid time off to care for his son in the summer holidays. Nobody can make him do this. If he was employed then its likley Richard would want this time with Ashton - but if its not possible then nobody can make this happen.

Apologising about the holiday - seems somewhat unfair and is not an issue of child protection concenrs - so its worth keeping these text messages to show a court in future - if the mother stops contact on this basis.

Hopefully the mother will come to her senses - although it seems as though she is a bit bitter right now.

kindest regards

Caroline

Customer: replied 8 months ago.
Hello Caroline,That's very reassuring and since chatting to you we feel less stressed because we are beginning to understand that we done everything right and it's just her who has the problem.We have offered her to him for a whole week during the six week holidays. Even though we are not legally required to do so. And yet she's changed her requirements again. She's now saying that we should have him every weekend during the summer holidays.
Which I'm totally against. At the end of the day she's the main carer. Richard and I have got a right to have our own lives. So we have replied to say that we can't have him every weekend for the summer holidays.
We have kept all the messages she's sent us. So if we do take her to court then I know we will get what we want without a doubt.
She doesn't realise how lucky she is having an ex partner that still wants to be involved in their child's life and supports the child. A lot of single parents out there would kill to have what she gets from Richard.
It's so childish having to go through all this. The person she's hurting the most is her own child. Such a shame.
Expert:  ukfamilysolicitor replied 8 months ago.

Hello

I am glad that I have helped reassure you.

Just let me know if I can assist you further - as I'd be more than happy too.

kind regards

Caroline

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