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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33513
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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i have a court order giving me three days a week custody

Resolved Question:

i have a court order giving me three days a week custody of my two children.my wife ha s moved to another town 18 miles away and proposes to send them to another school and only allow me to have my girls 2 days per fortnight. whay can i do
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you but I need some further information first.
How old are the children and what is the pattern of contact meant to be?
Clare
Customer: replied 2 years ago.

the children are lucy 11 years old and emily 5 years old. the ordermade in court is that i should have them3 days and nights and 4 days an nights with mother. john

Expert:  Clare replied 2 years ago.
Hi
Would the move make it impossible for you to keep that pattern up?
Clare
Customer: replied 2 years ago.
it is not impossible---the mother is changing the days from the present arrangement to sat and sundayevery 2 2weeks.so istead of having the girls for 52 x3 days i will be reduced to 26x2days..this my concern that i shallnot have the girls for the time as stipulated by the court. transport to the proposed school can be arranged but i feel the mother is trying to deprive me of my proper time that i should have with the girls.
Customer: replied 2 years ago.

i have a straight question.does the court order still protect my rights to my childrenas stipulated is my ex-wife in contempt of court if she refuses me access

Expert:  Clare replied 2 years ago.
Hi
May I ask when the Order was made and was there a full court hearing?
Clare
Customer: replied 2 years ago.

2 years ago and full court hearing

Expert:  Clare replied 2 years ago.
HI
That is good news.
Do the children actually wish to move schools?
Clare
Customer: replied 2 years ago.

the eldest does not wish to change school---she had interviews with the new school in crowborough and has been introduced to her prospective new teachers and is happy about the change ---she would be moving in company with many of her friends.---her mother has taken in another man who already has 3 young children and lucy is the unpaid nannyy----she dislikes the new person intensly and is most distressed when she is left alone with him---she has phoned at times to ask to be taken away but her mother insists that allis well.---emily is not so affected --she seems to ride the situation but she is the issue of another relationship her mother had with a person who was in her care and i have takenher on as she and lucy are half sisters and i loveher as my own---

Expert:  Clare replied 2 years ago.
Hi
The simple fact is that your ex cannot change the contact arrangements without either your agreement or an Order from the Court.
On that basis the current arrangement continues even if there is a change of schools, - and if your ex tries to prevent this then you can make an immediate application to the Court to enforce the Order.
So far as that is concerned if the child does not wish to change schools you can apply to the court for a Specific Issue Order regarding which School she should attend.
Given her age her wishes will be sen as being crucial - and indeed you may wish to consider an application of your own increasing the amount of time she spends with you
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

thankyou for your opinion--I can only say that it is what I wanted to hear. I am sure that as I know the facts I provided are genuine that your advice should be acted upon. I am much encouraged as my life has been and still is as far as dealing with my ex is concerned--torrid! My self confidence is at a low ebb thanks to the infidelity of that person thankyou again john siggs

Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope all goes well
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33513
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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