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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34278
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My partner sees his son every other weekend and weeks

Resolved Question:

My partner sees his son every other weekend and for 2 weeks of the year. There has never been an issue until now. We have booked a holiday for October. (we take the kids in the summer and have a week on our own in october). On the weekend that we are away would normally be our weekend. The childs mother is now saying that she cant have him that weekend. However we have booked the holiday. Is it still her responsibility to arrange her childcare? Even though its our weekend, we will not be in the country so is it up to her to find alternative arrangements for her son?  We are positive that this is her just being awkward. There is no legal document for these arrangements either. Its just something that has always been done.

Been waiting over 24 hours for an answer now. Could someone answer please!! Many thanks

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.

I dont understand why its so difficult a question? I could really do with an answer so please continue your search.

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.
Which part of the Uk are you in?
Are there any family members who woudl like to see the child for the weekend?
Clare
Customer: replied 2 years ago.
Hi Clare. We're in Warwickshire and no. His grandparents aren't well enough to take care of him.
Expert:  Clare replied 2 years ago.
Hi
What about other friends or relatives?
Clare
Customer: replied 2 years ago.

No none I'm afraid. We have thought of all this!

Expert:  Clare replied 2 years ago.
HI
The problem is that both parents hold Parental Responsibility for the child and accordingly the mother is not under any greater duty to arrange substitute Child care than the father is.
Of course if you are simply not there for her to leave the child with then she will indeed have to find cover - as leaving the child alone would be neglect.
Equally if the child is not collected form school because both parents are away then the fact that the child is Registered as living with her and she receives all the Benefits etc makes it more likely that she alone would face the consequences - although since this could mean temporary foster care the consequences for the child would still be grim.
So. legally no she does not have to as its "his weekend" - but she will be more at risk that he will.
It is of course very possible that she has made plans for the weekend that cannot be cancelled - in which case it is a matter of working together to find an alternative - and since she has more knowledge of his friend group she is better placed to do so.
Your partner should offer to discuss matters with her using Family mediation
www.familymediationhelpline.co.uk - making it clear that if she refuses he will assume that she will make the alternative arrangements herself.
I appreciate it is not the clear cut answer that you hoped for - but it is a realistic reflection of the legal position
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34278
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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