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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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i am a father of a 13 year old . i live in newcastle upon tyne

Customer Question

i am a father of a 13 year old . i live in newcastle upon tyne . my son lives in plymouth devon. there are no restrictions on custody, he wants to visit myself for a welcomed break with me. i have asked his mother my ex wife if i can come down to collect him and she has said no chance of taking to your home in newcastle. he has asked to come here rather than stay down in plymouth. he just wants a weeks holiday with his dad, at newcastle. what are my rights as a father
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When did last you see your son?
Has he ever visited your home?
Why is your ex objecting to the visit?
Clare
Customer: replied 2 years ago.

i saw him last year , but also went down to see my three kids and my ex knew i was coming to see them and she let my 13 year old son go to america on holiday with my ex wifes friend . my ex wife has never let him come up here which does make it difficult for me to see him. my ex says its to far from home, but my ex had no problem letting him leave for another country with her friend. my son has said that he wants to visit me at my home , i have offered to go down to plymouth and collect him and bring him to my home , and will take him back to plymouth once holiday is over.

Expert:  Clare replied 2 years ago.
Hi
The reasons for refusing are not reasonable
You should try and negotiate matters with your ex using Family mediation (www.familymediationhelpline.co.uk) using a mediator who is also trained to work with children.
If that fails then you will need to make an application to the court for a Defined Contact Order
You can read more about this here
http://www.cafcass.gov.uk/media/168195/cb7-eng.pdf
Please ask if you need further information
Clare
Customer: replied 2 years ago.

do i have the right to take him with me or not , afterall its his decision that he wants to see me at my home

Expert:  Clare replied 2 years ago.
Hi
You should not just take him as this could lead to a court application and jeapordise any chance of a further visit
You need to go through the process described above
Clare

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