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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 826
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I separated from my partner a year ago, I now have a nice and

Resolved Question:

I separated from my partner a year ago, I now have a nice and new partner, and I want my child who is 2 next month to stay over night with me every other weekend, my ex agreed to this and has now changed her mind stating that because my daughter's speech isnt at the expected stage for her staying with me would stress her out and wont let her stay with me over night, We have had a great relationship for the past year when it comes to our daughter and I dont where i stand as i want to see my girl as much as possible, any advice would be appreciated, thanks
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I was meant to say, i have a nice and new home with my new partner.
Expert:  ukfamilysolicitor replied 1 year ago.
Good Morning Welcome to Just Answer I am a Solicitor and I will assist you. Please may I ask: - how old is your daughter?- what is the current plan for seeing you daughter? Kind Regards Caroline
Customer: replied 1 year ago.
Good Morning Caroline,My daughter will be 2years old next month. And currently I have her for one day every weekend. There has been occasions where myself and my ex have had to change the day but thats been sorted when needed.
Expert:  ukfamilysolicitor replied 1 year ago.
HelloThank you for your response.I do apologise for my delay in responding to you as I have just been travelling.I will prepare an answer for you now. This will take me about 10 minutes.I hope this ok.Kind RegardsCaroline
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
My sincere apologies for my delay in responding to you.
Firstly – I would like to reassure you that it is the position of the Family Courts that children are entitled a relationship with both of their parents as long as there are no child protection concerns as to why this shouldn’t be the case.
It is also the position of the family court that parents should share responsibility and that neither parent has greater rights then the other parent.
I note that you are currently being offered a week day contact with your daughter and you would like to progress this time to include an overnight stay. The mother is however not agreeable to your request and she is making reference to your daughters speech as a reason why you daughter cannot spend overnights with you. I note that you disagree with this reason and that you are able to meet your daughters needs in you’re the property that you share with your partner.
In your circumstances I considering that you should apply to the Family Court for a Child Arrangement Order to confirm that time that he can spend with his daughter.
I do not consider that the time you are asking for in unreasonable. As long as your daughters needs can be met whilst in your care – then it is highly likely that the court will agree with your proposals.
The first step to obtaining an order to secure the time that you spend with your daughter is to refer your case to family mediation. There are lots of family mediation services and there will be one local to you. Just google Family mediation in your area and give them a call to self refer and get the ball rolling. Mediation will help you both try and agree a plan without the need for court. If, however the mother will not engage in mediation or agreement cannot be reached – then the mediator will sign the form that you need to be able to apply to court.
The court application form (C100 Form) would be sent to your local family court. The court fee is £215.
The court will then make an order based on your daughter’s best interest – and as mentioned above – the emphasis of the court is that your daughter is allowed to develop a meaning and loving relationship with both her parents, which should not be unduly restricted.
Please do not hesitate to ask if I can assist you further.
Kindest Regards
Caroline
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