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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My Wife has moved out the marital home with my 2 yr old what

Customer Question

My Wife has moved out the marital home with my 2 yr old what can i do
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
hiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstWho has had the care of the child until now?Has she offered you more contact at the weekend
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
we both had care as man and wife parents weekend contact 10 am till 6pm no overnight
Expert:  Clare replied 1 year ago.
Do you realise that the site charges extra for a phone call?
Customer: replied 1 year ago.
how much
Expert:  Clare replied 1 year ago.
So you have two hours a bight and 10 til 6 one day at the weekend - and this is the start of the separation - is that correct?
Customer: replied 1 year ago.
2hrs a night and 8hrs sat and sun
Customer: replied 1 year ago.
yes she only left last week
Customer: replied 1 year ago.
went to mediation last week they said could not help as yet
Customer: replied 1 year ago.
its the sleep overs that are concerning me as we agreed verbally for 50% shared care
Customer: replied 1 year ago.
hallo
Customer: replied 1 year ago.
anybody there
Expert:  Clare replied 1 year ago.
My apologies for the delay there was a phone callHas she said why she will not leave her for a night at the moment
Customer: replied 1 year ago.
she said i threatened to take her off her i said my wife could be present still no do
Expert:  Clare replied 1 year ago.
Did you threaten that at all in any way?
Customer: replied 1 year ago.
I said the child wouldnt stay with her
Expert:  Clare replied 1 year ago.
So that is why she is now uncertain.Have you asked if your ex will go to mediation - when it is time
Customer: replied 1 year ago.
she went to mediation last week but mediation said they couldnt take case on as to new split up
Expert:  Clare replied 1 year ago.
Sorry - did they say that to you or to her?
Customer: replied 1 year ago.
she want leave child with me on my ow
Customer: replied 1 year ago.
they said to me today im pushing for mediation
Expert:  Clare replied 1 year ago.
so she stays with you all through contact?Have you now confirmed that you will not remove the child from her care?Do you both work?
Customer: replied 1 year ago.
yes confirm everday i just want to share child wife doesnt work i do
Customer: replied 1 year ago.
she stays all through contact
Expert:  Clare replied 1 year ago.
So she has always been the principal carer and you threatened to take the child from her Because of this she is currently unwilling to leave the child with youShe is ensuring contact takes place - but at the moment she wont leave you alone - which is not good enough as youunderstandably wish to have the child on your own.However it is only the first week and with patience you should be able to reassure her and contact will move on to you having the child alone andthen move on to alternate weekend contact
Expert:  Clare replied 1 year ago.
You clearly no the process for taking it further - mediation and if that fails a Court application.However applying now will backfire badly as I suspect she will with draw all contact
Customer: replied 1 year ago.
thats the best i can look forward to
Expert:  Clare replied 1 year ago.
NO you can look forward to alternate weekends and one or two evening in the week - nights once she is at nursery assuming that your worka llows
Expert:  Clare replied 1 year ago.
What you need to do at the moment is show patience and ask your ex if she is willing to agree a parenting planThis website should assisthttp://theparentconnection.org.uk/
Customer: replied 1 year ago.
So she is making the rules once again
Customer: replied 1 year ago.
thanks
Expert:  Clare replied 1 year ago.
No not at all.You have frightened her and need to give her time to believe that you wont simply try and remove the child from her care
Expert:  Clare replied 1 year ago.
Once you have done that then mediation should allow you both to agree the parenting plan
Expert:  Clare replied 1 year ago.
and then you can agree things - both of you