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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My self and my ex partner were in a custurdy battle for are

Resolved Question:

My self and my ex partner were in a custurdy battle for are two girls nd she got them and I got granted open contact to the girls nd not she is breaking it coz I hav moved away were do I stand.
I was wondering if I was to go for full custurdy were would I stand.
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.
Yes that is fine coz I don't now wat to do eny more
Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
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.
How old are the children and what contact does the Court Order give you?
Clare
Customer: replied 2 years ago.
My oldest daughter Chelsea is six and she is a proper daddy's girl it as nocked her for six wi my self moving away.
My younges daughter is three she is called nikita nd in then court order it say I have open contact that I can see then wen I want .
Was wondering If I went for full custurdy were would I stand.
One day I was in rishton to see my girls nd my fam because I was wi my partner Chelsea's mother dragged her away by grabbing her arm Chelsea was cryin her eyes out coz all she wanted to do was run to me nd give me an hug.
If I wasn't granted custurdy were would I stand wi weekends coz in the court order my mother get to have them over nite on Friday but don't now if that was a temp thing o not .
Thanks for getting back to me .
Yours senceally
Sean clough
Expert:  Clare replied 2 years ago.
Hi
How often have you seen the children in the last three months?
How far away have you moved?
What pattern of contact would you like to have?
Clare
Customer: replied 2 years ago.
i have seen about ten time that due to there mother makin it hard.
I have moved to atherton near Manchester.
I would like full contact or weekend or something in writing that there mother dus not be there wen I have my time wi them.
Yesterday was hard for me because as I was leaving them both off them sead to me can we come dad I sead sorry sweethearts but u can't they both sead that not far.
Wat was I ment to say
Can't a judge over rite another judge order.
Expert:  Clare replied 2 years ago.
Hi
So would you like a full weekend every other weekend, would that work?
Clare
Customer: replied 2 years ago.
I would rather have them full time as she can't cope with them Chelsea has lots of appointments that she keeps missing.
Can a judge over right another judges order.
Expert:  Clare replied 2 years ago.
Hi
What evidence do you have that your ex cannot cope with the children?
have the schools raised any concerns?
Clare
Customer: replied 2 years ago.
As she has had social services involved for the last two years and at the last meeting we had about the girls the person said she has missed some appointment and the health visitor has said to me that she has concers that she won't be able to cope with me moving away because I use to do a lot with the girls and she also use to ring me at stupid times asking me to go round to help because she couldn't settle the youngest down for bed.
CAN ANOTHER JUDGE OVER RIGHT A COURT ORDER
Expert:  Clare replied 2 years ago.
Hi
Are the children on the CP register at all?
Do you have adequate accommodation for the children?
Clare
Yes it is always possible for orders to be chnaged
Customer: replied 2 years ago.
Hi
Yes I do have adequate accommodation and no it's a children in need plan.
So how would I go about getting custurdy.
And thank for letting me now about the order.
Expert:  Clare replied 2 years ago.
hi
Excellent
Have you spoken to Social Services about whether or not they would support you if you applied for the children to live with you?
Clare
Customer: replied 2 years ago.
Hi No not yet thort I would c what advice I could get first would u recommend I do that first.
Expert:  Clare replied 2 years ago.
Hi
Since the children have already been identified as Children in Need your starting point in terms of their long term care is to discuss matters with Social Services and see if they would support you if you applied for the children to move into your full time care.
Once you have their answer you will know whether you shoudl be pushing for that immediately - or whether at this stage you limit your application to one which gives you substantial quality time with your children whilst they remain in the day to day care of their mother.
However remember - once they start spending more time with you then after six months or so you can ask social services again - and once they have seen the standard of care you are able to give they may then support you.
Whichever way it goes your starting point is to use family mediation (www.familymediationhelpline.co.uk) to try and negotiate a pattern of contact with your ex.
If that fails then you need to apply to the court again for a set pattern of alternate weekends (friday to sunday) and half of all the school holidays.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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