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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33323
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi. Is my wife allowed to refuse me from seeing my two children?

Customer Question

Hi. Is my wife allowed to refuse me from seeing my two children? we have been married for eight years & out of the blue today she text me to say she was not coming home & that she would be home in a couple of days to collect her & the kids stuff. I asked if I could see my children and her exact words were " no you're not I've had advice from the solicitor & in my rights to refuse you at the moment". Surely this can not be right, I'm a very loving father & my kids love me very much.
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Do you have a specific question?
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your question
How old are the children and have you any idea why she has left?
Claire
Customer: replied 3 years ago.

They are 6 & 4. She has been down for a while & hates where we live, we have had a few tiffs over the last few weeks but nothing major!

Expert:  Clare replied 3 years ago.
Hi
The law says that children are entitled to contact with both parents and the courts will enforce this if necessary.
In fact your ex has no right to refuse you contact (unless she can show that you are a risk to the children) but sadly that does not make it any easier for you to see them immediately.
The starting point is to offer to try and discuss matters with her using Family Mediation - but if that fails you will have to apply to the courts for either a defined contact or a shared residence order
You can get help and support from Families need Fathers (www.fnf.org.uk) and the forms from the website
http://www.thecustodyminefield.com/
Claire
Clare, Solicitor
Category: Law
Satisfied Customers: 33323
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

What do you mean unless she can show that you are a risk to the children?I've never hurt them in any way & wouldn't of doing so

Customer: replied 3 years ago.

What do you mean unless she can show that you are a risk to the children?I've never hurt them in any way & wouldn't dream of doing so

Expert:  Clare replied 3 years ago.
Hi
I am sure you would not - but obviously if you had a drink or drug problem then a solicitor might well have said to her that she has a right to refuse contact as the children would not be safe. Since you are not a risk she has no "right" to refuse - but sadly that does not stop her from doing so
Claire

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