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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2544
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have a one year old son, my self hand my husband have

Resolved Question:

Hi
i have a one year old son, my self hand my husband have separated and he has access currently for 4 hours on a Sunday.
it has been very as the reason i left was he was taking drugs and storing them in the house
he is demanding another 2 hours on a Sunday.
i have offered him more time during the week to take him for dinner , or to play centre and was willing to be flexible with days as he works , he refused this...
today he is once again demanding the extra 2 hours or he is going to take me to court
i replied to him by saying can we keep the same arrangement until the new year and review but we will need to discuss Christmas visits as im sure he would want to see him
he has recently started paying 40 pounds a week for his son, i just need some advice , i want my son to see his dad and have a relationship with him , but i want to make sure my son is looked after in his care and increase time slowly
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
He has said is is entitled to more access and is taking me to court ,
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. I am a qualified family solicitor.
If he does not accept your position I would suggest that you attend mediation to arrange more formal arrangements which can be reflected in an agreement. In any event, the father would not be able to submit an application to Court without first attending a mediation information session (he will be exempt from the mediation requirement unless there is evidence of child abuse from you towards the child or domestic violence from you towards the father).
If you have concerns about the level of care that he provides to your son during his time with him then this should be raised in your negotiations to keep the arrangements the same until the new year.
___
Please rate positive if you are happy with this response.
Harris, Law Specialist
Category: Law
Satisfied Customers: 2544
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
thank you for the information
can i ask, how much time is my husband entitled to ? am i not giving enough time ?
he also pays 40 pounds a week towards teddy his son, he feels on the time he has him i should be providing him with everything teddy needs ie nappies , wipes milk, food clothes ect . i have told him he needs to provide these items in his time am i wronghe has been known to take drugs (cocaine ) at times and one of the reasons i left with my son id because he started to sell it and keep it in the house. im afraid he may still have it in his system on my sons visits if he has been out the night before what can you advise please
Expert:  Harris replied 1 year ago.
As your son is only one, I feel that four hours a week is more than sufficient time, but this should increase as he grows older.
However, if you do have concerns and proof that the father is under the influence of drugs or that drugs are kept in the house then this would be grounds for you to seek a reduction to his time spent seeing him - you could propose that he sees him somewhere other than his home.
Customer: replied 1 year ago.
Thanks
well i only have proof ( photo evidence of drug use ) when i lived there , unable to comment if it is still on the premises. i have stopped him taking our son on occasion due to his behavior which indicated he had been drinking and taking drugs the night before.As he asked for the extra 2 hours on a Sunday , do you think it would be good idea to offer him a couple of additional hours during the week instead , this was offered before and he refused .he is also saying he is entitled to have his son staying over at his house, can i stop this from happening until he is older and proof that he is safe ?
Expert:  Harris replied 1 year ago.
I do not think there should be an increase to the arrangements, especially to overnight contact until there has been consistent contact between the father and your son without any issues or incidents. If the occasions were recent where it had been clear he had been drinking/taking drugs the night before then this could be used in your negotiations to keep the arrangements as they are for the time-being.
Customer: replied 1 year ago.
Sorry to keep asking questions but
another concern i have is if my husband refuses to return my son after his 4 hours what are my rights , and what are the dads rights .. what can i do to ensure that my son will be returned. is there some i can do legally
Expert:  Harris replied 1 year ago.
As there are no court orders in place stating where your son should reside, legally there is no recourse. However, if he were to not return him to your care you could contact the police and inform them of your informal arrangements and it would be for them to decide what is appropriate for the short-term.
However, as previously suggested it would be in your best interest to seek mediation. If an agreement can be reached through mediation then that agreement can be submitted to Court along with a C100 application to formalise the arrangements in a Court Order. If mediation fails or the father does not attend then you can submit an application to court under the C100 application form for a "Child Arrangement Order - Child to Live with you", which is basically a residence order stating that your son is to live with you and then it can also detail when the father sees him.
Hope this helps.
Customer: replied 1 year ago.
thank you.
this information has helped a great deal.
Would it be a better for me to apply for a residence order now , as my son does live with me already ,
Expert:  Harris replied 1 year ago.
You will not be able to apply to Court without first attending a Mediation Information and Assessment Session - the mediator will be able to assess whether mediation is suitable. You can find local mediator's here: http://www.familymediationcouncil.org.uk/
A Residence Order (now called a Child Arrangement Order - where child lives) will be useful to reinforce the current arrangements.
Customer: replied 1 year ago.
thank you
n
Expert:  Harris replied 1 year ago.
Good Luck

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