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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34496
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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I have just had a massive argument with my ex husband. He

Customer Question

I have just had a massive argument with my ex husband. He has my son every weekend and things have always been amicable between us. My son is 14 and recently he has been saying to me that he doesn't want to go to his dads but he's too scared to tell his dad this himself. This weekend is my birthday and we are going out for a family meal on Saturday night. I have told his dad and he said my son will not be going because Saturday night is his night to have him. Can he force his son to go to his house and miss his mum's birthday meal? I don't think he's been very fair and he's not thinking about his sons happiness. Does my son HAVE to keep going to his dads even though he doesn't want to.
Submitted: 17 days ago.
Category: Family Law
Customer: replied 17 days ago.
I meant 'unfair' (not 'fair)
Expert:  Clare replied 17 days 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

Just for clarity - there are no court orders relating to the time your son spends with his father?

Customer: replied 17 days ago.
No there aren't any court orders
Expert:  Clare replied 17 days ago.

Your son is of the age where no court would force him to have more contact that he wishes - so it is for your son to decide if he wishes to go on Saturday or not - and if he wishes to go out with you then that is what he does.

In more general terms you should try and arrange to discuss ongoing arrangements with your ex using Family mediation - and a mediator trained to work with young people so that your sons views are reflected in the discussions

If this is not successful then you should simply tell your ex what arrangements your son wishes to have and then work on that basis

If your ex goes to court then he will not be successful

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