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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My Daughter is divorced from her husband who is French and

Resolved Question:

My Daughter is divorced from her husband who is French and has returned to France. For the last 3 years they have agreed that their daughter will spend 1 week in 4 with her father in France, he collects her in London and returns her at the end of the week. Over the last few months against my daughters wishes (which she has put in writting) he has booked Eurostar tickects of 10 day duration. To aviod additional costs to him my daughter reluctanly agreed to the extended stay on the proviso that this stopped as soon as the 3 purchased tickets where exuasted (again in writting, that 7 days was the agreement) He has just returned the child after 10 days obviously 3 days late and against the express wishes of my daughter who is the prime carer. Can you please advise what action should ne taken.
Regards
Phil Fathers
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?
Clare
Customer: replied 2 years ago.

Dolly, my granddaughter will be 4 years old in September, when she starts nursery school. She currently has a profesional childminder for 3 weeks per month she is in the UK. My Daughter has a full time job.

Regards

Phil

Expert:  Clare replied 2 years ago.
HI
What will happen when the child starts school in September?
Clare
Customer: replied 2 years ago.

The original agreement was that she will go to school in England and holidays will be shared between Mother and Father in the UK and France

Regards

Phil

Expert:  Clare replied 2 years ago.
Hi
So the current arrangement will end then in any event?
Clare
Customer: replied 2 years ago.

That is correct, although he is notorious for agreeing to one thing and doing another.

Regards

Phil

Expert:  Clare replied 2 years ago.
Hi
Does your daughter have a specific reason to object to him having the extra three days a month until she starts school in a few months time
Clare
Customer: replied 2 years ago.

My daughter has an number of reasons:

1. She is frightened that he will even take longer than 10 days an a court may subsequently regards ***** ***** claim that Dolly should live with him in France where now she is regarded as primiery carer.

2. My daughter likes Dolly to have a routine, which she needs to have so she can get her ready in a morning and deliver her to the child minder before she goes of the work, where her ex husband believes in a more relaxed "Mediterranean" style of parentling which is confussing for Dolly.

3. My also belives that a routine now will assist Dolly when she goes to Nursery School in September.

Hope this answers your question.

Regards

Phil

Expert:  Clare replied 2 years ago.
Hi
Neither parent has more right than the other to decide how the child's time should be shared between them.
However the father does need the mother's permission to take the child out of the UK and on that basis some agreement needs to be reached between them.
The starting point is for your daughter to arrange to discuss matters with her ex using Family Mediation
www.familymediationhelpline.co.uk
If that fails then an application can be made to the court for a Child Arrangement Order
I have to be honest - given the short period of time before the child starts school it is likely that the court would see the extra three days a month as not Unreasonable - and whilst I fully understand your daughters feelings regarding routine I do not think that the court will see that as a good reason not to give him the extra time whilst it is possible to do so
The fact that the child is clearly resident in the Uk makes it unlikely in the extreme that there will be any question of a permanent move to France
Please ask if you need further details
Clare
Clare and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for your assistance

Regards

Phil