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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33544
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My son seperated from his partner they have 2 girls 2 & 5.

Resolved Question:

My son seperated from his partner they have 2 girls 2 & 5. They both have new partners and my son never been happier. The girls live with their mum and to say she's being awkward in respect of access is an understatement. He can only see the girls at his aunties, he's not allowed to take them to his house where he now resides with his new partner and her 3 older children who she says cannot meet her girls. She will not talk to him by any means only via his Aunt yet her partner and family can see them with out my sons permission. He gave her a 3 month time table of when he can't have them and when he can which started ok but then she changed it so he had to alter what he'd planned so he had to have them when he originally said he couldn't. She will not entertain mediation and wants to call all the shots. There is no child endangerment issues she's just being awkward and if he contacts her direct she gets the police on to him stating harassment even those she's now stalking him. It's come to a head now when she had a go at him via his Aunt because we met his girls (the youngest of which we've never met before) because she doesn't want us as Grandparents to see them.
He wants to go for joint custody so he can see his girls regularly what is the best course of action for him to take?
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.
What is the actual pattern of contact.
How long have he and his partner been together?
Clare
Customer: replied 2 years ago.
They have been together for at least 6 to 7 years prober lay more cohabiting for at least 5 to 6 years. Can be more specific when I talk to my son after work. My son wants to see his girls every 2nd weekend and during school holidays more frequently. She will not allow him to have the youngest one during the week when the eldest is at school.
Basically he would like to see them regularly as much as possible taking into account his new partners kids and having time to themselves.
Customer: replied 2 years ago.
Clare will you please email me with your response. Didn't receive email notification when you required extra info. Thank you
Expert:  Clare replied 2 years ago.
Hi
My apologies - I meant how long have he and his new partner been together?
Clare
Customer: replied 2 years ago.
my son and new partner have been together over 6 months and are so right for each other and in love that they now live together and are engaged to get married next year
Expert:  Clare replied 2 years ago.
Hi
The law says that children are entitled to have contact with both parents and the courts will enforce this of necessary.
The current contact is not acceptable - he should be able to take the children out and spend time with them on his own - and eventually to meet his new partner and her children.
The starting point is for your son to arrange for mediation to happen.
If his ex refuses or it fails then that is not a problem - but your son MUST attend.
If it fails then he can apply to the court for a Child Arrangement Order setting out what time the children will spend with him - this is then enforceable.
Alternate weekends plus an evening/night in the week and half the school holidays is a reasonable pattern of contact - but the overnights will have to be built up over a few months for the sake of the children
He can read more on these sites
http://theparentconnection.org.uk/
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/cb001-eng.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33544
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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