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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1097
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I am currently going through a divorce and although its not

Resolved Question:

I am currently going through a divorce and although its not been pleasant we did agree over our daughter every other weekend and 2-3 times mid week depending on work committments, however my parents have always looked after my daughter 3 times a week minimum after school. An incident took place at my parents house on 03-07-15 as my dad was suffering a mini breakdown, my daughter was not present and not in the house, however police and ambulance were called my ex heard of this and has prevented me seeing my daughter i have had no contact now for 7 weeks and i eel this has gone on long enough i have a solicitor dealing with my divorce but things have now got very expensive and messy , what are my options please.
many thanks
Dean.
Submitted: 2 years ago.
Category: Law
Customer: replied 2 years ago.
i was taken away by Police and questioned and released i did not press any chargesagainst my father as he was suffering a breakdown, the case has been NFA no conditions and i am living with my mum and dad presently my dad is making good progress to getting back to normal with our help but no seeing my daughter is hurting all of us. can i take this to court on my own and apply for the conditions to be reinstated that was agreed with our solicitors originally ?.
Expert:  ukfamilysolicitor replied 2 years ago.
Hello Dean
Thank you for question. I am sorry to hear about your difficulties. I am a family solicitor and am able to help.
You have described that are being penalised and are being prevented from having a relationship with your daughter as a result of an incident whereby your father was unwell when your daughter was not present. I note that you had a good relationship with your daughter prior to this incident.
In your circumstances you need to make an application to the court for a child arrangements order to spend time with your daughter. You can do this yourself.
You need to refer the matter to mediation first and attend an information session before you can make an application to the court. There are numerous meditation services and one for you to look at can be found at www.nfm.org.uk
If your wife engaged in mediation then you may be able to reach agreement without making an application to court.
If mediation doesn't work then you should complete Form C100 and send it to your local family court. The fee is currently £215.
Kind Regards
Caroline
I would be grateful if you could rate my answer. I am new to this service and positive feedback is gratefully received.
Customer: replied 2 years ago.
Hi I know this already however I need to know why she can do this and how she can dictate to me when we have a joint responsibility for my daughter, what gives her the right to makes this call ? My hands are tied somewhat because if I try and speak to her regarding this she accuses me of harassment when thus is not the case at all I am purely trying to see me daughter.
Expert:  ukfamilysolicitor replied 2 years ago.
Hello Dean
If she won't speak with you then you have to make the application to the court.
A child has a right to spend time with both parents. If the mother won't agree then you need a court order confirming that your daughter can spend time with you. Once you have an order then you can seek to enforce the order if she won't comply. Without an order you have nothing to enforce so need to follow the process.
Detail in your application what steps you have made to resolve matters and how the mother is being unreasonable.
Kind regards
Caroline
Expert:  ukfamilysolicitor replied 2 years ago.
I would be grateful if you could kindly provide a rating.
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