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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34273
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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my wife and I are divorced, and during the divorce both solicitors

Resolved Question:

my wife and I are divorced, and during the divorce both solicitors agreed that I was to be allowed to see both children twice during monday to friday and every weekend. My former wife is now refusing me any access ay all, in reality she as breached the legal agreement, can you advise.
Paul
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 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.
How old are the children how long have you been separated and what contact are you actually having?
Clare
Customer: replied 3 years ago.

Hi,we have been divorced for 3 years and I have had regular contact with my children during this time. my concern is I am of the opinion she is breaching a legal agreement that was with both sets of solicitors at the time of divorce proceedings agreed. my wife is using the children as weapons against me. I just want my legal right enforced in law.

Customer: replied 3 years ago.

my children are 10 and 7 years of age.

Customer: replied 3 years ago.

Clare, I will contact you again tomorrow


Paul

Expert:  Clare replied 3 years ago.
Hi
When did you last see the children and why has she stopped contact?
Clare
Customer: replied 3 years ago.

I have not seen my children for 2 weeks, she informed me that my son wasgrounded due to fighting at school. It is just her way to stop me seeing my children.I want to knowcan I go to court or arbitration to force her to allow me my parential rights.


Paul

Expert:  Clare replied 3 years ago.
Hi
Grounding should not affect contact - after all as his father you would wish to add your own words of punishment for the misbehaviour
The Statement of Arrangements which was signed at the time of the Divorce was a snapshot of what happens - not a binding arrangement.
However the law says that a child is entitled to regular contact with both parents and the courts will enforce this if necessary.
You should try and discuss matters with her using Family Mediation (www.familymediationehlpline.co.uk) but if this fails then you will need to apply to the court for a Defined Contact Order.
If you have the children overnight then alternate weekends is a more reasonable request than every weekend
You can read more about a court application here
http://www.cafcass.gov.uk/media/168195/cb7-eng.pdf
and about contact in general on this site
http://theparentconnection.org.uk/
Please ask if you need further details
Clare
Clare and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Clare, can I down load a defined contact order.


Paul