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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33310
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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There We live on the Isle of Man and I appreciate that

Customer Question

Hi There
We live on the Isle of Man and I appreciate that we have the Manx Barr so slightly different but most laws over here and similar to the UK.
My partner sees his 7 year old daughter Thurs nights, Fri nights and all day Saturday until 6pm, then he hands her back to her mother. this has been the arrangement since they split 4 years ago.
7 months ago the mother asked my partner could he have the daughter for an extra night on a Wednesday on a temporary basis for a few weeks as her dad was poorly with cancer. He agreed to this and now she refuses to stop the Wednesdays and forcing him have his daughter on a Wednesday night. he has asked her politely on many occasions during these 7 months but she refuses
In addition he pay £200 a month child maintenance to the mother with an annual salary Gross £28,000. Whilst I fully appreciate that contact and maintenance are treated separately in a family court. I was wondering if you could help by responding to me question of:
'can a court force my partner to continue the Wednesday nights? He works full time and the mother does not work.'
Also I have advised him to make an application to cease Wednesday night contact. He was in court last week where the High Baliff advised my partner to agree to mediation. The thing is, there is no point in him going to mediation as the mother is insisting that my partner has 50% care, which he cannot do due to work commitments etc.
Thank you
Look forward to hearing from you
Jo
Submitted: 8 months ago.
Category: Law
Expert:  Clare replied 8 months ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information first.What is the problem with the Wednesday night - and is the maintenance paid under the terms of a Court Order?
Customer: replied 8 months ago.
Hi Clarethe wed night was only supposed to be a temp thing that my ex agreed to last august 2015. it was supposed to be for around 3-4 weeks. his ex wife is now refusing to have their daughter back on a wed night. can the court force my partner to have his daughter on wed nights?maintenance is paid under a court order that my partner and his ex wife agreed to. contact was always done mutually
with no order
Customer: replied 8 months ago.
i just need to know that can the court force my partner to see his daughter on the wed night?
Expert:  Clare replied 8 months ago.
It does depend on why the Wednesday night is a problem.
Customer: replied 8 months ago.
Clare have you read my first question i submitted. My partner see his daughter Thurs to Sun, last august his ex wife asked him to take his daughter on a few wed nights too to help her. Then after a couple of weeks she refused to take the daughter back on a wed night. this is now been happening since august , the wed nights were only supposed to be a temp arrangement.he is now filed an application to court to cease wed night contact. My questions to you is 'can the court force my partner to still see his daughter on that Wednesday night?
Customer: replied 8 months ago.
sorry my partner see his daughter thurs to sat, not thurs to sun as above
Expert:  Clare replied 8 months ago.
I did indeed read the question.The issue before the court is that neither parent wishes to have the child on a Wednesday night - and accordingly the Court is going to have to make an Order which forces one of them to do so.This being the case the reasons why it is a problem for your partner will be decisive which is why I have asked about them.However in the end the Court will have to make the decision and "force" one of the parents to have the child on a Wednesday.From what you have said (that mum does not work) it is more likely that the Court will find that Mum should have her.Please ask if you need further detailsClare
Customer: replied 8 months ago.
thanks for your help Clare, I'm really grateful.Jo
Expert:  Clare replied 8 months ago.
You are most welcomeIn the unlikely event that he loses he should immediately apply to vary the maintenance - indeed threatening to do this may make mum change her mind anyway!
Customer: replied 8 months ago.
thanks so much Clare, Steve my partner is a great dad, he just feels that wed nights is a bit too much what with him working full time, he's also on call 24/7 ever 6 weeks too.
Expert:  Clare replied 8 months ago.
I may be cynical - but is he sure mum isn't playing games to try and alienate the child from Dad?
Customer: replied 8 months ago.
No Clare, she wants him to look after his daughter as much as possible and pay maintenance. she is insisting he has Scarlett for 50% of the time and pay maintenance too. she drinks a lot, doesn't work. she lost her licence at christmas to drink driving and is now banned for 2 years.
in January she said she couldn't cope any more and told Steve he would need to take scarlet full time. Steve obviously agreed to this but when he said she needs to sign to have the maintenance courier order ceased, she changed her mind.she is a nightmare. I advised him to make an application to court to apply for an order but th court are now advising on mediation first.
Customer: replied 8 months ago.
court order, typo
Expert:  Clare replied 8 months ago.
Maybe he should apply for the child full time AND for the Order to be dismissed

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