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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33942
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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my partners ex husband has not seen his daughter for several

Resolved Question:

my partners ex husband has not seen his daughter for several months, sent several demanding text messages to my partner re: seeing his daughter all answered and requests to discuss appropriate times for contact... we then received a letter from his solicitor stating what access he wanted, and requiring they go to mediation.
there is an agreement in place via their respective solicitors during the divorce 4 yrs ago which gives him more access than he is now asking for...the problem is we were going to move in together but have been told he can apply for an order keeping the little girl at her current school I live 40 miles away and the plan was for thm to move in with me as I have a larger property... is this order possible and if so can it be contested?
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.
How old is the child?
What contact has her ex asked for?
Has a mediation appointment been made?
Clare
Customer: replied 2 years ago.

daughter is 6, 7 in december

her ex has asked for every weds and every Saturday per month.

mediation letter has been received but not made apt yet.

Expert:  Clare replied 2 years ago.
Hi
What times on each day?
Clare
Customer: replied 2 years ago.

he wants to have daughter delivered to him at 1600 on weds and will drop her at school following day..Saturday again he wishes to have child delivered at 1600 and will return her at 1800 following day.

my partner works nights on a rota as she works as a nurse in the out of hours gp service and this request could lead to child being out of her family home for potentially 5 nights a week.

the old agreement was that there was a degree of interaction with regard to her rota to assist with childcare and provide greater amount of contact, agreement allows for 10 nights a month

Customer: replied 2 years ago.

he wants to have daughter delivered to him at 1600 on weds and will drop her at school following day..Saturday again he wishes to have child delivered at 1600 and will return her at 1800 following day.



my partner works nights on a rota as she works as a nurse in the out of hours gp service and this request could lead to child being out of her family home for potentially 5 nights a week.



the old agreement was that there was a degree of interaction with regard to her rota to assist with childcare and provide greater amount of contact, agreement allows for 10 nights a month

Expert:  Clare replied 2 years ago.
Hi
So his new request will give your partner no full weekends with her daughter?
When did he last have midweek contact?
Clare
Customer: replied 2 years ago.
He last had contact 17th August. He has been ill and my partner told him not to be concerned as we both nurses and knew he would need all his energy to focus on beating it , and the visits could restart whe he felt well enough againhoweve he has not even asked after the welfare of the little girl.
The fact is he has a new partner and she does not like the idea of him having little girl as he did before.
It would mean no full weekends for my partner
Expert:  Clare replied 2 years ago.
Hi
What was the previous pattern of contact - and what contact would be offered after the move?
Clare
Customer: replied 2 years ago.


  • Week 1 weekend: Sunday 10-4.




  • Week 2 Weekend: my partner has little girl




  • Week 3 weekend: 10am Saturday to 4pm Sunday.




  • Week 4 Weekend: my partner has little girl.



  • in addition he has little girl 8 nights in agreement between my partner and him usually in line with partners work rota.. this has been the agreement since he left the family home when the little girl was 2 years old.


the access would be as per the original agreement allowing him 10 days/nights a month.

she is willing to be flexible and if a set night could be agreed mutually then there is a possibility that my partner could agree a set night at work to allow for this.

Expert:  Clare replied 2 years ago.
Hi
Would alternate weekends Friday to Sunday be possible?
Clare
Customer: replied 2 years ago.

its a possibility but the concern is that he does not give her decent meals and that she stays at his new partners house,where there is no bed for her to stay in she has been forced to sleep on an airbed in the lounge,obviously this is not ideal over a prolongued time, also there is an issue around the provision of proper nutritious meals.

Expert:  Clare replied 2 years ago.
HI
I am afraid that there has to be some acceptance of different parenting styles.
An air bed for a small child two nights a fortnight is not unreasonable - and two weekends a month of junk food will not cause ant great harm.
Te father can apply to the court for an order that the school is not changed until the court has decided whether or not the move is in the best interests of the child.
In the long term it is likely that the move will be granted - provided that contact is agreed - with alternate weekends plus half of the school holidays being a likely pattern.
The starting point is mediation to tray and resolve the issue
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you very much for the information you have given me, we are very concerned that this will be a very costly process as the ex gets legal aid to support his action where as we are required to pay for all of the various steps in the process! We hope to try to settle this issue without the need to go to court!

Expert:  Clare replied 2 years ago.
Hi
Legal aid is no longer available for such cases
Clare
Customer: replied 2 years ago.

no legal aid even though he is on long term sick due to his previous illness?

Expert:  Clare replied 2 years ago.
Hi
No legal aid unless there has been domestic violence
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33942
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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