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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2288
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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What is reasonable access? At the moment I have the following

Resolved Question:

Hi
What is reasonable access?
At the moment I have the following access
Week 1 - collect son on Saturday morning 10.30am from ex's house
Drop off Monday morning 8.30am at nursery
Week 2 - collect son from nursery at 10am and drop off at ex's house 8.30pm ( bathed and ready for bed)
I have only missed 4 times since he was born which was due to my fathers death and illness
I have always given her notice
I will be losing the Friday access day due to him going full time school September 2016
So I was hoping for the following
Week 1 - collect son from school on Wednesday and return Thursday morning every week.
Week 2 - unusual Wednesday / Thursday
Collect son from school Friday and return him Monday at nursery..
Is this reasonable in the eyes of the court or will I just see my son once a fortnight...
Only issue my ex and I have is access ....
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified solicitor.
Just a few questions. How old is your son and are there any other children who you care for?
Customer: replied 1 year ago.
Hi
3 1/2 years old and he is the only one
Customer: replied 1 year ago.
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Expert:  Harris replied 1 year ago.
Thanks.
The arrangements you have suggested are reaosnable. Given that the change is being made to work around his new school routine in 2016, I do not see why there should be a reduction. Usually there is a reduction if the parent's are no longer able to meet the needs of the child or if there are concerns about the level of care.
Expert:  Harris replied 1 year ago.
As you have suggested it is best to agree something beforehand and you have approximately 10 months before hisbchange of routine. As you have suggested you should attend mediation first to agree this and if agreed you can submit a consent order to court for approval so that both you, the mother and child have something in stone that can be enforced.
Customer: replied 1 year ago.
We have been to mediation and we were going around in circles.... they wanted approx £400 to get a result... Then it wouldn't be set in stone like the court.... Hence I am going to court but wanted to know the odds of me getting what I think is reasonable....
Customer: replied 1 year ago.
Thank you for your help.... I just needed to know if it was reasonable....
Expert:  Harris replied 1 year ago.
The court will consider the following criteria when deciding on making of an order:
1.The wishes and feelings of the child concerned
2.The child’s physical, emotional and educational needs
3.The likely effect on the child if circumstances changed as a result of the courts decision
4.The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5.Any harm the child has suffered or may be at risk of suffering
6.Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7.The powers available to the court in the given proceedings.
However, before proceeding with a c100 application wyou will need to attend a mediation information and assessment meeting. This is compulsory and will take place between you and a mediator so you are clear what mediation does. If they agree that mediation is unsuitable they will provide you with a signed form to accompany your c100 application.
I think that based on your information the status quo should remain unless there are concerns regarding the level of care provided to your son.
__
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Harris, Law Specialist
Category: Law
Satisfied Customers: 2288
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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