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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My brothers wife had an affair and left when my niece was ten

Resolved Question:

My brothers wife had an affair and left when my niece was ten months old, he has had her consistently 50% of the time and she will be four in October. She is an integral part of our family and is never too happy to go to her mums house. The mother now wants her full time now she's easier and can cope with her. She said my brother can only have her every other weekend and can't do school runs or have her during the week. We are devasted and feel changing her life and routine now four years down the line would and could be psychologically damaging. She is so happy and settled with her routine and can not believe she would change it now. What rights does my brother have legally and how should will proceed to stop this from happening. He has tried so hard to be amicable and compromise even letting her go to her school of choice even though his school is far better and in a nicer area, hoping that if he agreed to the school she would not be so cruel as to take away his time with her. She has obviously taken legal advice from her cousin judging from the things she has started to say. She has started to get nasty and saying terrible lies about my brother. Your advice would be greatly appreciated in this matter.
Kind regards
Gemma smith
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is ***** ***** my colleague has asked me to look at this for you
I will do my best to help you but I need some further information first.
What reason is being given for this change?
How far apart do the parents live?
Clare
Customer: replied 1 year ago.
They live half an hour apart, and the mother now wants her full time because there's a difference of opinion of which school she can go to but my brother has backed down and said she can go to the school closer to the mother even though it's not a great school in comparison and a rough area if her life and structure will stay the same
Expert:  Clare replied 1 year ago.
Hi
How long will the journey to that school be from his house?
Clare
Customer: replied 1 year ago.
30 mins
Expert:  Clare replied 1 year ago.
Hi
Does the mother have transport?
Clare
Customer: replied 1 year ago.

Yes she does and my brother has offered to pay for any extra fuel costs she may occur.

Regards,

gemma

Expert:  Clare replied 1 year ago.
Hi
Neither parent has the right to dictate what time the child spends with the other - it is something that ether needs to be agreed between them - or imposed by the court
If the child has always shared her time between her parents then there is no reason why this should not continue - and a 30 minute journey to school is unlikely to be seen as a major problem.
Your brother need sto try and discuss matters with his ex using Family mediation
www.familymediationhelpline.co.uk
If that fails then he will have to apply to the court for a Child Arrangement order confirming that she shares her time between them both.
In general terms the court favours the existing arrangements - making it likely that a shared care order will be made
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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