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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My daughter is now divorced, each is living with another partner,

Resolved Question:

my daughter is now divorced, each is living with another partner, my daughters ex has turned up on a few occasions (planned) slightly slurring in speech, he will not accept he may have a drink problem, but today he turned up at school and a couple of parents, who do not her ex, told my daughter that he smelled very strongly of booze, she had just let him take her daughter back to her house to collect some clothes, she went straight after him, and when she got there, asked him if she could smell his breath, or if he'd been drinking, he started shouting loudly and verberly insulted her, she refused to let him take the children, but is now worried, as he should have them tomorrow evening after school, what rights does she have?
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 are the children?
Clare
Customer: replied 2 years ago.
They are 11 and 6 yrs old
Expert:  Clare replied 2 years ago.
Hi
Does your daughter trust her ex's new partner to keep the children safe if need be?
Clare
Customer: replied 2 years ago.
She has in the past when dad drunk but she gets as bad drunk as him as im aware of and kids not keen on her either
Expert:  Clare replied 2 years ago.
Hi
What is the the current contact pattern?
Clare
Customer: replied 2 years ago.
He has them one night in week and one wknd night but sometimes doesn't bother at wknd as he goes out a lot he sees them when he wants to really
Expert:  Clare replied 2 years ago.
Hi
How many times in the last two months has there been a problem with him being worse for wear?
Clare
Customer: replied 2 years ago.
Every other week we have stories from the girls but every time they go they go to a working men's club for the evening when it's supposedly daddy time
Expert:  Clare replied 2 years ago.
Hi
The law says that children are entitled to contact with both parents - but only when it can be arranged safely and with the children's needs as priority.
Cleary the children are at risk if their father is not sober when he collects them - or drinks to excess whilst they are with him.
Your daughter should try and discuss matters with her ex using Family mediation
www.familymediationhelpline.co.uk
to establish some ground rules about contact - but if her ex refuses then I suggest that she writes a letter saying that in view of the recent incidents future contact will be limited to during the day on a Saturday or sunday and she should stick to that.
If her ex is not happy then he will have to go to mediation before making a court applictaion - and it is likely that the court will agree with the protective restrictions that your daughter has put in place
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
Pressed the wrong button sorry meant good service thankyou for your help
Expert:  Clare replied 2 years ago.
Hi
You are welcome -I do hope things go well - your daughter will need to be strong I am afraid
Clare
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