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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 848
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Is it reasonable/correct lawyer acting on behalf of his

Resolved Question:

Is it reasonable/correct for a lawyer acting on behalf of his client with regard to a discussion around child contact arrangements to make the following statement / advice to his client:
"As ever, strategically, you should try to build time with the boys directly with them and seek to cut her out if you can".
The above statement was given to a client suggesting that the client seek to pursue a strategy of deliberately removing parent to parent communication regarding child contact arrangements. Is this ethical or in accordance with any code of conduct?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
The comment as detailed above was taken directly from an e-mail sent to all parties in error.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to Just Answer I am a Solicitor and will assist you. Please may I ask -are there any child protection concerns in respect of you spending time with your children? Kind Regards Caroline
Customer: replied 1 year ago.
None. The issue is around one child, recently turned 15. The absent parent who has had full contact since separation is seeking to enforce certain 'rules' around child contact arrangements that are currently in place. The rules he wishes to enforce are, for example, that if the 15 year old boy wishes to change current arrangements (ie not go to his Fathers on a particular weekend because he is attending a social event), then he is to give his Father 10 days notice of such a request and if it is inside this period then he cant change it. The Mothers view is that the child should, being a mature 15 year old, be allowed to make up his own mind. Mediation is now being forced as the Father is refusing (for the first time in 6 years) to allow the 15 year old to go on a planned overseas holiday unless his new 'demands' are met. However, the Mothers view is that regardless of whether the child is allowed to make up his own mind on contact dates, there should be continued communication between both parents to ensure that each other knows where the child is. The Fathers solicitor appears to state to his client that the Father should cut off communication with the Mother and only communicate with the child regarding contact arrangements; is this right??
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thank you for your detailed response. Just a few more questions: - what is the current regime for the son spending time with both of you? are there any current court orders in place?- has your son expressed any wishes and feelings?- when is the holiday abroad? does the father have parental responsibility? kind regards ***** ***** accept my apologies - I just need to nip out to an appointment but will be back shortly and will respond then for you.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Would it be to to call in one hour? Kind Regards Caroline
ukfamilysolicitor and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
That will be fine. For clarification, I am the child's step father and my concern is in regard to the advice being given to my step son's Father by his solicitor seeming to state that the Father should not discuss contact arrangements with his ex wife and only discuss contact arrangements with his son directly. This is a very big concern to my wife and I who believe that this advice is contrary to collaborative working and could be a safety concern if we are not aware of where our son is or what arrangements have been made.
Customer: replied 1 year ago.
what is the current regime for the son spending time with both of you? are there any current court orders in place?
Answer - No Court Order, agreed current arrangements have been in place for about 3 years. Every other weekend (Sat 0930 - Sun 2000) and every Wednesday evening (1830 - 2000)- has your son expressed any wishes and feelings?
Answer - He wishes to have flexibility about contact arrangements, to either choose additional dates / weekends / overnights etc but at his choosing and understanding he has to give reasonable notice- when is the holiday abroad? does the father have parental responsibility?
Answer - The father does have parental responsibility. The holiday is two weeks in Cyprus departing last week of July 16

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