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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2309
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Are there any legal stipulations about paternal access dads

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Are there any legal stipulations about paternal access for separated dads during the school holidays? My wife and I have been separated for 2.5 years, pending divorce. We have generally arranged a workable solution for my access to our three sons but I am having to book time with my boys during holidays weeks in advance, which can be difficult. I have tried to get my wife to simply agree that we should have equal access but she disregards ***** ***** it suits her.
For example, she has taken time off work during half term in the first week of June and won't let me have time with the boys because she is going on holiday he following week and won't see them. I only have them every other weekend so don't see them much at all but she just ignores this.
Grateful for any advice. Jonny Cox
Submitted: 10 months ago.
Category: Law
Expert:  Harris replied 10 months ago.
Hi, thank you for your question. Just a bit more information required to fully assist you:-How old are your children?-What are the current arrangements for them?
Customer: replied 10 months ago.
my boys are 9.5, 8.5 and 6.We live 500m apart. My wife lives with her boyfriend in the house which I paid for. I have the boys for three nights every other weekend. This has been the case for 2.5 years. The divorce is progressing slowly. I got Nisi last autumn; I am divorcing her for unreasonable behaviour. We have no specific arrangement for school holidays. I have to plan well ahead to arrange for me to have the boys. I have asked her to plan for me to have them without asking but she won't acquiesce. I don't usually have a problem getting access during the holidays but on this occasion she won't let me have them because she is going on holiday with her boyfriend and will miss them.A separate but related issue is access during the week. For example, I could take one of my sons to football training on a Thursday night but my wife won't allow this and send her boyfriend instead, even though I live close by.These details would be clarified during the divorce but wrangling through lawyers is expensive and I thought that if I could explain to her that the law will give me better access, we could agree outside of the divorce process.
Expert:  Harris replied 10 months ago.
Thank you for confirming.For your information, the divorce itself will not deal with child arrangement issues and these will have to be settled and negotiated separately - the divorce is not contingent on child arrangements to be settled for it to finalise.The law states that the children have a right to a relationship with both parents, but this is no definitive answer as to what is the right level of arrangements as this will vary from case to case. It is reasonable to expect parents who are amicable to share holidays and time with the children and reach an arrangement that is in the children's best interests - which is the main thing the court will look at if deciding this matter. Also, in relation to her partner taking on the role during the week, if you are able to, this should be for you to do and not him, despite them living in the same household.n the circumstances I would suggest that you make a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in the children's best interests. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a child arrangement order and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:1.The wishes and feelings of the child concerned2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedingsIf you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 10 months ago.
I've been cogitating on this and formulating a reply. You have not told me anything knew or helpful. I know the law is not definitive in this area but a response along the lines of: 'Usually, in situations like this...', at least something to show my wife as a basis for negotiation. To pay for legal advice which culminates in a recommendation to go pay someone else for advice seems pointless. I won't give you a negative rating as I sense that my expectations of this service were unrealistic but nor do I intend to pay for it by giving you a positive score.
Expert:  Harris replied 10 months ago.
Thank you for your feedback, however, I have provided practical information in addition to the law, namely that:"It is reasonable to expect parents who are amicable to share holidays and time with the children and reach an arrangement that is in the children's best interests - which is the main thing the court will look at if deciding this matter.Also, in relation to her partner taking on the role during the week, if you are able to, this should be for you to do and not him, despite them living in the same household."This would be a starting point for your negotiations, and if direct negotiations with her do not progress matters, then I have informed you of what the process is to take this matter forward, which unfortunately will result in some cost to you.
Harris, Law Specialist
Category: Law
Satisfied Customers: 2309
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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