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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I divorced 3 yrs ago and have 50/50 access to my 6 yr old

Resolved Question:

I divorced 3 yrs ago and have 50/50 access to my 6 yr old son, unfortunately this arrangement was only verberley agreed and not in writing. My ex wife is continually threatening to only allow me every other weekend, this is a Constance worry. Can you tell me what rights I have and is it possible to get a 50/50 access in writing at this late stage? I would be greatful for any advice you can give me.
Tim elder
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thanks for your question. Just a bit more information required to fully assist:

-What have the exact arrangements been to date?

-Why is she seeking a change to the arrangements?

Customer: replied 1 year ago.
She likes to be in control. She quizzes my son on his return as to what he has been doing while with me, what time he goes to bed etc. last week I took him to school and always go in with him but on this ocation he got out of the car and went in with his friend and friend's father who I know well, my ex somehow found out about this and is now holding this against me. Any little thing she can mentally blackmail me with she does. I have always tried to keep on reasonable terms for my son's sake. Tim
Expert:  Harris replied 1 year ago.

Thanks for confirming. Your son has a right to a relationship with both of you and this can only be reasonably restricted if there are child protection concerns. Her behaviour about "quizzing" him is inappropriate and not in the child's interests. Given that you have had a good arrangement for the past 6 years, she cannot unilaterally change this unless there are concerns.

In 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 concerned
2. The child’s physical, emotional and educational needs
3. The likely effect on the child if circumstances changed as a result of the courts decision
4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5. Any harm the child has suffered or may be at risk of suffering
6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7. The powers available to the court in the given proceedings

If 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

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