How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Harris Your Own Question
Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
90234221
Type Your Law Question Here...
Harris is online now

Me and my childrens dad have got to the point were we can no

Customer Question

Hi there, me and my childrens dad have got to the point were we can no longer communicate. He has been having the kids mon night 7pm till thurs 4pm as that was enabeling me to go to work. I do not work anymore and feel like it is in the kids vest interest to be with me during the week as i have had another baby and feel like they are missing out on bonding with him and feeling like they are shipped out in the week. I think it would be more benefical for him to have them everyother weekend so they feel like they are having quality time with both parents and there new sibling. Where do i stand legally at putting these arrangements into place?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

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

-How old are the children?

-Is there a court order in place?

-How long have these arrangements been in place?

Customer: replied 1 year ago.
My son is 7yrs and my daughter is 5yrs.
There is no court order in place. He has been doing this for the last couple of years. He begged me not to change arrangements when i finished work back in january. I did agree to keep it the same as i felt sorry for him but i feel like the kids dont get enough quality time with him. Once they finish school he gets to spend 4 hrs with them and that consists of home work, dinner bath and bed. I feel like it is more beneficial and more fair on everybody if we alternate weekends
Expert:  Harris replied 1 year ago.

Thank you. Given that the arrangements have been in place for a few years he has good grounds to prevent a change despite your change of 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

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.