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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2548
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Would my ex have a chance of getting 50% access to my children. We

Customer Question

Would my ex have a chance of getting 50% access to my children.
We have an agreement that he has them all day Saturday or Sunday depending on his work pattern. He works shifts and has a six week varying rota including very late nights sometimes. The children are only 2 and 6 months and I am trying to be reasonable but he is threatening to take me to court for 50%. I am worried sick.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. I am a qualified family solicitor.
Both children have a right to know and have a relationship with both parents, however the amount of time spent with both parents will vary depending on the Aves and needs of the children, as well as their arrangements and the time available by both parents.
I think that given his current work pattern it will be difficult for him to care for the children on a 50-50 arrangement as he will not be able to provide this consistently.
I would suggest that you attempt mediation through an independent mediator to agree matters with the father and explain the needs of the children during the negotiations. You can find a local mediator here: http://www.familymediationcouncil.org.uk
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Please rate positive if you found this information helpful.
Harris, Law Specialist
Category: Law
Satisfied Customers: 2548
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you - if he takes me to court do you think I am being fair with my current arrangements given the ages of the children?
Expert:  Harris replied 1 year ago.
I think that based on his current work commitments and ages of the children it is an appropriate amount of time for him to see them.
Customer: replied 1 year ago.
He is pushing for overnight stays but I don't want this given their ages and the fact that he does not even have a bedroom for them to sleep he also has a lodger that I know nothing about. What do you think the courts views would be on this matter? He is also wanting to introduce the children to his new partner of only 4 weeks which I think is too soon and he thinks this is unreasonable any thoughts.
Expert:  Harris replied 1 year ago.
I feel that his proposals are unreasonable and it is inappropriate to introduce them to a new partner who has only be in the picture for 4 weeks.
For overnight contacts the court will need to ensure that there are suitable arrangements in place for the children and background checks will need to be carried out on the lodger before a court can approve such a proposal.
Customer: replied 1 year ago.
Do you think it is worth getting a solicitor to send him letter outlining our current arrangements just in case it goes to court so I can show I have been reasonable? Do cafcas get involved at court to see what is in the best interest of the children?
Expert:  Harris replied 1 year ago.
It may be useful for a solicitor to write to him to reinforce your position and the arrangements. However, he will not be able to pursue a court application without first attending a mediation information session to see if mediation is suitble to settle matters.
Yes, cafcass will receive the referral once a court application is made and then contact both of you to take your views about the application and position to assist the judge.
Expert:  Harris replied 1 year ago.
Hi, just following up to see if you have any further questions. Please rate positive if you found the information above helpful.

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